Findings - DR - 2008 - DR-47-08 - Construct A School For The North Star Charter School
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A SCHOOL )
FOR THE NORTH STAR CHARTER SCHOOL, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-47-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 29, 2008. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
North Star Charter School, Inc., represented by Shawn Nickel with Rose Law Group - Borton, is
requesting design review approval to construct a 76,OS9-square foot (28-total classrooms, 18-
elementry classrooms and IO-high school classrooms) school. The IS.49-acre site is located
within the Legacy Development on the west side of North Linder Road approximately I/3-mile
south of Floating Feather Road at 839 North Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 25,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 29, 2008, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation and rezone from A (Agricultural)
and RR (Rural Residential-Ada County Designation) to R-2-DA-P (Residential- two units per acre
with a development agreement - planned unit development), a conditional use permit, a planned
unit development preliminary development plan and a preliminary plat (phase one only) for the
Legacy Planned Community for Signature Sports Development, LLC (A-9-0S/RZ-I3-0S/PPUD-S-
05).
On August 22, 2006, the City Council approved a design review application for the common area
landscaping and the Sports Academy located within Legacy Development (DR-64-06).
On August 28, 2007, the City Council approved a final development plan and final plat for Mosca
Seca Subdivision Phases No.1 & No.2, for Idaho Development Services, LLC (FPUD-OI-
07 &FP-O 1-07/ FP-02-07).
On September 18, 2007, the City Council approved a modification to the development agreement
to provide a time schedule for the build out of the Academy Core area located within the Mosca
Seca Subdivision (RZ-13-0S MOD).
On April 8, 2008, the City Council approved a modification to the development agreement with
regard to two story homes, size of second stories on residential homes, allowed a public road to
become private, and modified the memorandum of agreement for water (RZ-I3-0S MOD 2).
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E. COMPANION APPLICATIONS: DR-4S-0S (design review sign application)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-DA-P (Residential two units Vacant
per acre maximum with a
development agreement - PUD)
Proposed No Change No Change School (Grades K - 12)
North of site Residential Two R-2-DA-P (Residential two units Future phase of Legacy
per acre maximum with a
development agreement - PUD)
South of site Residential Two R-2-DA-P (Residential two units Proposed Cabra Creek
per acre maximum with a Subdivision
development agreement - PUD)
East of site Pub lie/Semi-Pub lie PS-DA (Public/Semi-Public with Galileo School
a development agreement)
West of site Residential Two R-2-DA-P (Residential two units Future phase of Legacy
per acre maximum with a
development agreement - PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site IS.49-acres (67 4,823-square feet) 0.39-acres (17,000-square feet
(minimum)
Percentage of Site Devoted to 11 % (approximately) 40% (minimum)
Building Coverage
Percentage of Site Devoted to 83% (approximately) 15% (minimum)
Landscaping
Number of Parking Spaces 1 82-parking spaces 1 62-parking spaces (minimum)
Front Setback I70-feet (north) 30-feet (minimum)
Rear Setback 60-feet (south) 30-feet (minimum)
Side Setback I20-feet (east) 20-feet (minimum)
Side Setback 790-feet (west) IO-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for a school grades kindergarten
through 12th grade.
Height and Number of Stories of Proposed Buildings: 32'6", one story.
Gross Floor Area of Proposed Buildings: 76,OS9-square feet (includes all alternate classrooms and full
gymnasium)
On and Off-Site Circulation:
A 40,I20-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the north side of this site
approximately 31 O-feet west of North Linder Road providing access to West Saguaro Drive.
K. BUILDING DESIGN FEATURES:
Roof: Architectural grade textured composite shingles (charcoal gray)
Walls: Hardi-cement board lap siding (4" - Medium Tan) (8" - Maroon), Board and Batten siding
(light tan @ gym and cream @ front and side gables), Cast Stone (Rogue River), Stucco (cream to
match fascia and trim), Shingle Siding (Medium Tan)
Windows/Doors: Vinyl windows (Navajo White), Metal doors (Sage Green Light)
Fascia/Trim: Wood (Cream)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
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Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing street trees along North Linder Road and West Saguaro
Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the north and east sides of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 11 % is proposed.
M. TRASH ENCLOSURES:
One 390-square foot trash enclosure is proposed to be located along the south side of the site
approximately 360-feet west of the driveway on North Linder Road. The enclosure is proposed to
be constructed of Split Face CMU and stucco with metal gates, all of which is to be finished and
painted to match the color of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are to
be screened from view by the roof structure. No ground mounted mechanical units are proposed
and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGN AGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Central District Health Department has been received by the
City. A water service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
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Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - applicant needs to address concerns with regard to the traffic
impact study
Central District Health - no objection
Chevron Pipeline - no comments
Idaho Department of Transportation - no comments
Middleton Mill Ditch Company and Middleton Irrigation Association - applicant is required to
enter into a written agreement for any proposed improvements within their easements.
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated July 31,2008 (see attached).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Residential.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 Approximately ten acres of the Property shall be provided or sold to the Meridian Joint
School District or other public school authority, for use as one or more public school or
public charter school sites. The school site(s) shall be subject to Eagle's design review
process and standards set forth in Eagle City Code Section 8-2A. A concept for the
architectural style of the school facility is set forth as Exhibit G attached hereto and
incorporated herein.
3.5.1 The school site(s) shall be located south of Floating Feather Road and access to the
site(s) shall originate internally from the Property and not from any arterial road.
3.5.2 This Agreement is in lieu of a conditional use permit for development of the school
site(s) that would normally be required within the "R2" zoning district.
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C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6 (A)(S)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
. Eagle City Code Section 8-2A-7 (B)(4)
If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a minimum of
twenty five feet (25') (on site) beyond the proposed development.
. Eagle City Code Section 8-2A-7 (J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
. Eagle City Code Section 8-2A-7 (K)(3)(a)
Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines
and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of perimeter.
. Eagle City Code Section 8-4-4-2 (A)(S)(a)
Twenty feet (20') for parking lots with less than two hundred (200) spaces;
D. DISCUSSION:
. The applicant is proposing to construct a 76,OS9-square foot school for kindergarten through
twelfth grade for the North Star Charter School. The school site is located at the southeast comer
of the Legacy Development adjacent to Linder Road. The architectural style of the school is
craftsman with tapered columns, gabled roof elements, timber knee braces, low pitched roof, and
horizontal lap siding. The applicant is proposing to complete the school in two phases. The first
phase consists of constructing the school building, associated parking, the construction of West
Saguaro Drive from Linder Road to the entrance to the school site, and landscaping along North
Linder Road and West Saguaro Drive. The second phase will consist of completing the athletic
field, the gymnasium expansion and possibly the construction of the alternate classrooms on the
west end of the western academic wings. Per Eagle City Code, if only a portion of the property is
being developed, and if the city does not require improvements on the entire property,
improvement to landscaping shall continue a minimum of twenty five feet (25 ') (on site) beyond
the proposed development. The applicant has indicated that a small portion of the athletic field
just west of the fire access lane is to be seeded and maintained until the school is ready to complete
the athletic fields. The applicant should be required to provide a revised landscape plan showing a
minimum of twenty five feet (25') of grass area to be installed just west of the fire access lane.
The revised landscape plan should be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
. As noted above the applicant is proposing to construct West Saguaro Drive from Linder Road to
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the driveway entrance to the school. If the area north of the school remains residential as approved
within the Legacy development agreement, the intersection as shown in alignment with the
driveway entrance to the school will be adequate to handle the vehicular traffic for the school and
the residential dwellings to the north. If the developers of Legacy modify the development
agreement to allow office uses and apartments to the north of the school, the city would required a
roundabout to be constructed at the intersection in alignment with the driveway to the school. The
applicant should be required to provide a revised site and landscape plan showing the location of
the roundabout and how it affects the entrance and landscaping of the school site on West Saguaro
Drive. If a roundabout is required, the applicant should be required to provide an easement or
dedicate right-of-way to accommodate the roundabout on West Saguaro Drive. The revised site
and landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to the City issuing a zoning certificate for this site. The easement or right of
way dedication should be reviewed and approved the City Engineer prior to the City issuing a
zoning certificate for this site.
. Sheet L2.2, date stamped by the City on July 25, 200S, shows fourteen (14) parking spaces to be
located adjacent to the south property line without a landscape strip between the parking lot and
the property line. Per Eagle City Code a five foot (5') wide perimeter landscape strip is required to
be planted with one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. The
applicant should be required to provide a revised landscape plan showing a five foot (5') wide
perimeter landscape strip between the fourteen (14) parking spaces adjacent to the south property
line and planted with one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to the City issuing a zoning certificate for this site.
. Sheet L2.2, date stamped by the City on July 25, 200S, shows the trash enclosure to be located
adjacent to the south property line. Per Eagle City Code, all trash enclosures are to be screened
from view by a five foot (5') wide by six foot (6') high landscape buffer. The applicant should be
required to provide a revised landscape plan showing a five foot (5') wide landscape buffer on the
south side of the trash enclosure. The revised landscape plan should be reviewed and approved by
staff prior to the City issuing a zoning certificate for this site.
. The applicant is proposing to complete the athletic fields in phase two. A future phase of the
Legacy development shows a roadway to be constructed just north of the athletic fields. A design
review application for the review of the athletic fields, perimeter landscaping, fencing, and street
trees should be submitted and reviewed by the City prior to the athletic fields being constructed.
. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 2S, 200S, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
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BOARD DECISION:
The Board voted 4 to 0 (Barnes, McCullough, and Whittaker absent) to approve DR-47-08 for a
design review application to construct a school for North Star Charter School, Inc., with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of A-9-0S/RZ-I3-0S/PPUD-S-OS.
2. Provide a revised landscape plan showing a minimum of twenty five feet (25') of grass area to be
installed just west of the fire access lane. The revised landscape plan shall be reviewed and approved
by staff prior to the City issuing a zoning certificate for this site.
3. If a roundabout is required, the applicant shall be required to provide an easement or dedicate right-of-
way to accommodate the roundabout on West Saguaro Drive. The revised site and landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site. The easement or right of way dedication shall be reviewed and
approved the City Engineer prior to the City issuing a zoning certificate for this site.
4. Pro'lide a re':ised landseape plan showing a fiye foot (5') wide perimeter landseaf'le strip between the
f{)urteen (14) parking spaees adjlleent to the south property line and planted with one shade tree and
five (5) shrubs per thirty five (35) linear feet of perimeter. The re'lised landseape plan shall be
reyiewed and appnJ':ea by staff llfld one member of the Design Revie'N Board prior to the City issuing
a zoning eertifieate for this site.
S. Provide a reyised landseape plan showing a five foot (5') ''vide landseape bl:lff-er on the south side of
the trash ene1osme. The revised landseape plan shall be revie'tVed and approved by staff prior to the
City issl:ling a zoning eertifieate for this site.
6. A design review application for the review of the athletic fields, perimeter landscaping, fencing, and
street trees shall be submitted and reviewed by the City prior to the athletic fields being constructed.
7. Provide detailed cut sheets showing the style, color, size, etc. of the bike rack proposed near the
northwest comer of the building. The cut sheets shall be reviewed and approved by staff prior to the
City issuing a zoning certificate for this site.
8. The overall height of the parking lot light fixtures shall not exceed twenty feet (20') including any
concrete bases. Any concrete bases shall be "bagged".
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
13. No ground mounted mechanical units are proposed with this application and none are approved.
14. Rooftop mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
15. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
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16. No signs are proposed with this application. A separate design review application (DR-4S-0S) has been
submitted for the approval ofthe building wall signage for this building. The sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
17. Provide revised site and landscape plans showing the location of any playground equipment or marked
play yard areas. Provide detailed cut sheets showing the style, color, size, etc. of any proposed
plaYl!round equipment. The revised site and landscape plans and detailed cut sheets shall be reviewed
and approved by staff and one member of the Design Review Board prior to the City issuinl! a zoninl!
certificate for this site.
IS. Provide revised buildinl! elevations showinl! how the roof drainal!e is to be handled including the
materials and colors to be used. The revised buildinl! elevations shall be reviewed and approved by
staff and one member of the Desil!n Review Board prior to the City issuing a zoning certificate for this
site.
19. Provide revised elevation plans providing architectural interest on the south elevation of the
gymnasium (i.e.: additional or wider banding) OR provide revised landscape plans showing additional
trees to be planted near the south elevation of the l!Vmnasium. The revised elevation or landscape
plans shall be reviewed and approved by staff and one member of the Design Review Board prior to
the City issuinl! a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
S. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
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Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess 00,600 square feet, and 1,500
gallons per minute for non-residential uses (Le.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
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prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
elect to take those plans to the Design Review Board and the City Council for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
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landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 25, 2008.
2. Requests for agencies' reviews were transmitted on July 29,2008, in accordance with the requirements
of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-47-08) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-2-DA-P (residential two units per acre maximum with a development agreement - PUD)
zoning district.
DA TED this 11 th day of September 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County;1Oaho_
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Eric R. McCullough, Chairman
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