Findings - DR - 2010 - DR-43-09 - Remove A Residential Dwelling/Construct Building Expansion/Exterior Remodel To Liquor
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FORA )
DESIGN REVIEW TO REMOVE A RESIDENTIAL )
DWELLING AND TO CONSTRUCT A BUILDING )
EXPANSION AND EXTERIOR REMODEL TO )
THE LIQUOR STORE FOR DAVE WAGERS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-43-09
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 28,2010. 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:
Dave Wagers, represented by Randy Haverfield with Architecture Northwest, is requesting design
review approval to construct a I, 170-square foot building expansion to the liquor store facility for a
total of3,888-square feet. The applicant is also requesting approval to remodel the exterior elevations
of the building and to remove an existing residential dwelling unit located to the north of the Liquor
Store. The O.l9-acre site is located on the northeast comer of West State Street and North Old Park
Place at 174 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 14,2009.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 15, 2009, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-44-09 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Liquor Store and
District) Residential Dwelling
Proposed No Change No Change Liquor Store and Parking
Lot
North ofsite Central Business District R-4 (Residential Four - Four Residential
dwelling units per acre)
South of site Central Business District CBD (Central Business Residential
District)
East of site Central Business District CBD (Central Business Jackson Food Store
District) Convenience Store
West of site Central Business District CBD (Central Business Olde Park Place! US Bank
District) Facility
G. DESIGN REVIEW OVERLAY DISTRICT: This site IS located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 2,718-square foot building that is used
as a liquor store and there is a I, 160-square foot residential dwelling that is to be demolished.
There are several trees located along Olde Park Place and near the residential dwelling.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 8, 136-square feet (0. 19-acres) 500-square feet (O.OI-acres)
Percentage of Site Devoted to 48% (approximately) 40% (minimum)*
Building Coverage 95% (maximum)*
Percentage of Site Devoted to 23% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 7-parking spaces 10-parking spaces (minimum)**
Front Setback 7-feet (south) O-feet (minimum)*
1 O-feet (maximum).
Rear Setback 69-feet (north) O-feet (minimum)
Side Setback O-feet (east) O-feet (minimum)*
Side Setback 4-feet (west) O-feet (minimum)*
*Note: Setbacks and lot coverage when located within the DDA.
*+Parking required based on 1,908-square feet calculated as storage and the remaining 1,980-square feet calculated as food
and beverage sales.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One existing building with a proposed building addition to be used as a retail store for the Liquor
Store.
Height and Number of Stories of Proposed Buildings:
A single story building, measuring fourteen feet, six inches (14' 6") in height from the ground to
the top of the parapet wall and twenty one feet (21') in height from the ground to the peak of the
gable located on the south building elevation.
Gross Floor Area of Proposed Buildings:
Existing =
Proposed addition =
Total =
2, 718-square feet
1 J 70-square feet
3,888-square feet
On and Off-Site Circulation:
A 2,337-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 22-foot wide driveway is proposed to be located on the west side of this site
approximately 125-feet north of the northeast comer of the intersection of North Olde Park Place
and West State Street providing access to West State Street.
K. BUILDING DESIGN FEATURES:
Roof: Single Ply membrane (white), Pre-finished metal roofing material (dark tan)
Walls: Stucco (Lower - dark tan, Upper -light tan, Banding - tan), Stone (tan)
WindowslDoors: Bronze
Fascia/Trim: Metal (dark tan)
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1. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located adjacent to
North Olde Park Place and the east property line north of the existing building. The applicant is
proposing to remove the tree located between the existing building and Olde Park Place and the
three (3) trees along the east property line of this site. There is a large oak tree located northwest
of the existing building; the applicant is proposing to retain this tree.
Tree Replacement Calculations: To be determined.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install six (6) street trees (two (2) adjacent to West
State Street and four (4) adjacent to North Olde Park Place) with street grates.
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. No landscaping is proposed on the west side of the parking lot with
the exception of the large existing trees.
b. Interior Landscaping: 0% interior landscaping is required, 4% is proposed.
M. TRASH ENCLOSURES:
One 70-square foot trash enclosure is proposed to be located at the northeast comer of the building
approximately 40-feet east of the driveway on North Olde Park Place. The enclosure is proposed
to be constructed of chain link fence with vision slates.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are
proposed to be screen by the parapet wall and a metal roof.
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. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have 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
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T. SPECIAL ON-SITE FEA TURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
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 - construct curb, gutter, and sidewalks to ACHD standards, enter
into a license agreement for any landscaping or sidewalk treatments proposed within the right of
way.
Central District Health - will require plans to be submitted and reviewed by CDHD
Chevron Pipeline - no conflict
Eagle Fire Department - no opposition, however, a complete set ofbuilding plans shall be
submitted to the fire department for review and approval prior to issuance of a building permit.
Idaho Transportation Department - no comment
Star Joint Fire Protection District - no comment, not in the Star Fire District
W. LETTERS FROM THE PUBLIC: None received to date.
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 (adopted 08-20-08) designates this site as Central
Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6 (A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
· Eagle City Code Section 8-2A-6(B)(2)
Roofs:
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e. Metal; standing seam, batten seam (concealed fasteners required); Metal, standing
seamlbatten seam is prohibited on mansard roof sections facing a road.
· Eagle City Code Section 8-2A-6(C)(3)(b)
Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
· Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum often feet (10') wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a "running bond" brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having jurisdiction.
A reduced sidewalk section may be permitted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk be
reduced to less than six feet (6') in width.
· Eagle City Code Section 8-2A-7(C)
Existing Vegetation:
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved
in writing by the city. Where trees are approved by the city to be removed from the
project site (or from abutting right of way) replacement with an acceptable species is
required as follows:
Existing Tree
Replacement
1 inch to 6 inches caliper
6] /4 inches to 12 inches
li/4 inches or more
2x caliper of tree removed
1.5x caliper of tree removed
Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would
be three (3) 4- inch caliper trees or four (4) 3 - inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction or
excavation occurring within the drip line of any public or private retained tree or shrub
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection Cl of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall
be allowed at a distance from the trunk of a retained tree equal to the diameter of the
tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to
satisfy the minimum required landscaping.
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· Eagle City Code Section 8-2A-7(J)(2)(b)
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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(J)(3)(b)
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chain link fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
· Eagle City Code Section 8-4-4-2(F)
Off Street Parking Design And Dimension Tables:
STANDARD VEHICLES
Parking angle
Width of parking space
Curb length per space
Length of parking space
(measurement to be perpendicular from the curb or front
of space if no curb is provided)
Width of driveway aisle
450
9 feet
13 feet
690 900 Parallel
9 feet 9 feet 9 feet
10 feet 9 feet 23 feet
18 feet 19 feet 23 feet
1 7 feet 24 feet 12 feet
· Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be considered as
providing parking spaces for any other use except where ajoint/collective parking facility has
been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
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d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
e. If a pu blic transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by the
applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1 A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in
operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20%) of the sum of the number of spaces required
for each use only if the provisions of this chapter have been met. The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of
the sum of the number required for each use served unless a conditional use is approved by
the city council.
8. No use shall be continued if the parking is removed from ajoint/collective parking facility
unless substitute parking facilities are provided.
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· Eagle City Code Section 8-4-4-5: Parking In Lieu Payments:
Within the central business district, as defined by the city of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use, the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty (20) spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
· Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Food and beverage sales
Storage (enclosed building and/or
fenced area)
1 per 250 square feet of gross floor area
1 per 1,000 square feet of gross storage area
C. DISCUSSION:
· The applicant is requesting approval to construct aI, 1 70-square foot building addition to the
existing liquor store facility for a total of3,888-square feet. The applicant is proposing to use the
Romanesque Revival style of architecture on the fal(ade of the building addition which includes
the use of stucco and stone veneer. Full length glass with arched windows above will provide fifty
percent (50%) glazing on both the south and west building elevations. Ten foot (10') wide
sidewalks with stamped and colored concrete, streetlights, and street trees with grates are proposed
to be constructed along State Street and Old Park Place in accordance with Eagle City Code. It is
because of the ten foot (10') wide sidewalk requirement along Old Park Place that the building
setback on the west property line is four feet (4 '). Pursuant to past action by the Board and
Council, in order to provide a pedestrian friendly atmosphere, the wider sidewalks in the
downtown have held a high standard then the required building setback.
· The existing residential dwelling unit located north of the liquor store will be demolished and a
parking lot providing parking for seven (7) vehicles will be constructed. Per Eagle City Code, the
applicant is required to provide ten (10) parking spaces on site (two (2) parking spaces for storage
area and eight (8) parking spaces for food and beverage sale). The landscape plan date stamped by
the City on January 19,2010, shows on street parking for six (6) vehicles along the frontage of
State Street and Old Park Place. Eagle City Code does not permit on street parking to be included
in the required number of parking spaces for any use. If the six (6) on street parking spaces are not
permitted to be included with the required parking for this site, the applicant has a couple of other
options which include: 1) Enter into ajointlcollective parking agreement or 2) Provide a parking in
lieu payment. Staff defers comment regarding the required parking spaces on this site to the
Design Review Board.
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· There is a large oak tree located northwest of the existing building. The applicant is proposing to
protect and retain this tree. The landscape plan date stamped by the City on January 19,2010,
shows the large oak tree to be located within a six foot (6') wide planter area on the west side of
the parking lot and for the ten foot (10') wide sidewalk along Old Park Place to narrow down to a
seven foot (7') wide sidewalk on the west side of the tree trunk. The proposed landscape plan
does not indicate the size or value of this tree. The applicant should be required to provide a
report from a certified arborist indicating the size, specific species and value of this large oak tree
prior to any demolish or construction being completed on this site. Staff defers comment with
regard to the proposed improvements to the Design Review Board.
· The landscape plan date stamped by the City on January 19,2010, indicates the trash enclosure to
be located adjacent to the north side of the building. The application indicates that the enclosure it
to be constructed of chain link with vision slats. Per Eagle City Code, chain link with vision slats
is not permitted. The applicant should be required to provide detailed elevations showing the
materials to be used in the construction of the trash enclosure. The detailed elevations 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 landscape plan date stamped by the City on January 19,2010, shows the drive aisle of the
proposed parking lot to be twenty two feet (22') wide. Per Eagle City Code, drive aisles for 900
parking are required to be twenty four feet (24'). It is staffs understanding that the drive aisle
width has been reduced in order to maintain a greater distance from the base of the large oak tree
located to the south of the driveway on Old Park Place. Staff defers comment regarding the drive
aisle width to the Design Review Board.
· 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 January 28,2009, 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).
BOARD DECISION:
The Board voted 3 to 0 (Grubb, Koci, Pascua, and Whittaker absent) to approve DR-43-09 for a
design review application to construct a multi-tenant office building for Barclay Construction, 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. The landscape plan date stamped by the City on January 19.2010. showing seven (7) parking spaces
(or as modified herein) is approved. If the six (6) OR street parking spaees are not permitted to be
ine/tided ','..ith the req1:lired parking f-or this site, the applieant shall 1 ) Enter into a joint/eolleeti'..e
parking agreement, or 2) Pro,..ide a parkiFlg inlie1:l payment. The joint1eolleeti'/e parking agreemeRt
shall be re,..iewed ana approvea by the City l\ttomey aRd reeorded prior to the City iss1:ling a zOFling
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certificate for tHis site.
2. Pro'liae a report from a certifiea arborist indieating tHe size, specific speeies 8:f1d vallie of tHis large oak
tree prior to 8:f1Y aemolisH or constmetion being completed on this site. THe report shall be submitted
to tlle City 8:f1a revie?ied by staff and one member of the Design Revievi Board prior to the City
issuing a zoning certificate for this site.
3. Provide detailed elevations showing the materials to be used in the construction of the trash enclosure.
The detailed elevations 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.
4. Provide a revised landscape plan showing all deciduous trees to be a minimum of three inch (3")
caliper. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
5. Provide a cross-access agreement allowing the site to the east to access between this site aRa the
property to the east. The cross access agreement shall be reviewed and approved by the Zoning
Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a
zoning certificate for this site.
6. Provide pedestrian amenities (I.e.: planter pots, trash receptacles, ash urns, etc.) along the frontage of
State Street and Old Park Place. The type, style, color, size, and placement of any pedestrian amenities
to be used 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.
7. Provide a detailed elevation showing the style and color oftrex fencing to be used along the north
property line. The detailed elevation 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.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls.
14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application. A separate design review application (DR-44-09) has been
submitted for the approval of two building wall signs for this building. The sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
16. Provide a revised landscape plan showing parking space number 4 (as shown on the landscape plan
date stamped by the City on January 19,2010) to be removed to provide a larger planter area for the
existing oak tree. The revised 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.
17. Provide a revised landscape plan indicating all street trees to have the City approved tree grates at the
base of them and for the tree wells to have root barriers to protect the sidewalk. The revised landscape
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plan shall be reviewed and approved by staff and one member of the Design Review Board.
18. Provide detailed cut sheets of all exterior lighting proposed on the building. The cut sheets shall show
style, wattage, luminaries, color, etc. The cut sheets 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.
19. Provide a revised landscape plan showing three (3) city approved bollards to be installed on the
northeast comer of West State Street and Old Park Place. The revised landscape plan shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
20. Provide revised elevation plans indicating the type of glass (i.e.: spandrel glass, standard glass, ect.) to
be used on all elevations of the building. The revised elevation plans shall be reviewed and approved
by staff and one member ofthe Design Review Board prior to the City issuing a zoning certificate for
this site.
21. Provide a revised landscape plan showing a five foot (5') wide sidewalk along Old Park Place where it
is adiacent to the planter area with the large oak tree (approximately eighteen feet (18 ')). The revised
landscape plan shall be reviewed and approved by staff prior to the City issuing 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 a Zoning Certificate for this site.
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.
5. 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
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
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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 of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; 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
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor 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 ofa 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. Staff may
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
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
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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 December 14, 2009.
2. Requests for agencies' reviews were transmitted on December 15, 2009, 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-43-09) 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.
As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions,
the Board recognizes that the parking for this site does not comply with Eagle City Code regarding the
required number of parking spaces. The Board recommends that the code section regarding this item
be suspended or relaxed to foster the rehabilitation of this building and site. It is the Board's opinion
that the six (6) on street parking spaces proposed along Old Park Place provide adequate parking for
this site and should be counted towards the overall required parking for this site. The proposed
remodel on the exterior of the building, the installation of the wider sidewalks, street trees and historic
lights will enhance this area of the city in a positive way. It is with these improvements that the Board
recommends approval of this project as proposed and with the modifications noted herein.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district) zoning district.
DATED this 11 th day of February 2010.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
;&!}Jl e
Eric R. McCullough, Chairm~
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Page 15 of 15
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