Findings - DR - 2013 - DR-28-13 - Construct 2 Multi-Tenant Retail/Restaurant Buildings BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT TWO )
MULTI-TENANT RETAIL/RESTAURANT )
BUILDINGS FOR EISENBERG LINCHIN,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-28-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 13, 2013. The Board continued this item to June 27, 2013 and July 11, 2013, and made their
decision at that time. 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:
Eisenberg Linchin, LLC, represented by Dawna Jenkins with Larson Architects,P. A., is
requesting design review approval to construct two multi-tenant retail/restaurant buildings(one
8,550-square foot and one 9,506-square foot). The 1.22-acre and 0.96-acre sites are located on the
northeast corner of North Linder Road and West Chinden Boulevard within Eagle Island
Marketplace at 6500 North Linder Road and 1520 West Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 8, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 10, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text
amendment and annexation (once contiguous) and a rezone with development agreement for this
site(CPA-5-08 &A-03-08 &RZ-08-08).
On July 14, 2009,the Eagle City Council approved a design review application for the common
area landscaping for Eagle Island Marketplace,including Fred Meyer and eight(8)multi-tenant
retail/restaurant buildings within Lazy P Subdivision(aka Eagle Island Marketplace)(DR-13-09).
On July 14, 2009,the Eagle City Council approved a design review application for the master sign
plan for Eagle Island Marketplace(DR-14-09).
On November 10, 2010, the Ada County Board of County Commissioners approved a
comprehensive plan amendment, rezone with development agreement, master site plan and
preliminary plat for Eagle Island Marketplace(CPA-05-08, A-03-08, and RZ-08-08).
On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation
and rezone with development agreement of the property associated with Eagle Island Marketplace.
Ordinance No. 652 also recognized the vested development rights associated with the approved
Ada County preliminary plat application number 201000571-S.
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On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P
Subdivision(FP-01-11).
On April 5, 2012, Eagle City Staff approved a design review sign application to modify the master
sign plan for Eagle Island Marketplace(DR-14-09 MOD).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use C-3-DA(Highway Business Vacant Lots within Eagle
Professional Office District with development Island Marketplace
Commercial agreement)
Proposed No Change No Change Two multi-tenant
retail/restaurant buildings
North of site Mixed Use C-3-DA(Highway Business Vacant Lot within Eagle
Professional Office District with development Island Marketplace
Commercial agreement)
South of site Meridian AOI RUT(Rural Urban Transition Chinden Boulevard
—Ada County designation)
East of site Mixed Use C-3-DA(Highway Business Vacant Lot within Eagle
Professional Office District with development Island Marketplace
Commercial agreement)
West of site Mixed Use Community RUT(Rural Urban Transition Residential Dwellings
—Ada County designation)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: Vacant lot within Lazy P Subdivision (Eagle Island
Marketplace).
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I. SITE DESIGN INFORMATION:
6700 North Linder Road
Site Data Proposed Required
Total Acreage of Site 1.22-acres(53,143-square feet) 0.03-acres(1,300-square feet)
(minimum)
Percentage of Site Devoted to 18%(approximately 92%(maximum)
Building Coverage
Percentage of Site Devoted to 52%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 51-parking spaces 49-parking spaces(minimum)
Front Setback 38-feet(east) 0-feet
Rear Setback 23-feet(west) 0-feet
Side Setback 80-feet(north) 0-feet
Side Setback 4-feet(south) 0-feet
1520 East Chinden Boulevard
Site Data Proposed Required
Total Acreage of Site 0.96-acres(41,818-square feet) 0.03-acres(1,300-square feet)
(minimum)
Percentage of Site Devoted to 21%(approximately) 92%(maximum)
Building Coverage
Percentage of Site Devoted to 50%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 39-parking spaces(site plan) 42-parking spaces(minimum)
20-parking spaces(landscape plan)
Front Setback 3-feet(north) 0-feet
Rear Setback 32-feet(south) 0-feet
Side Setback 23-feet(west) 0-feet
Side Setback 18-feet(east) 0-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:Two buildings;retail and restaurant.
Height and Number of Stories of Proposed Buildings: 20-feet;one story.
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Gross Floor Area of Proposed Buildings:
6700 N. Linder Road= 9,506-square feet
1520 E. Chinden Boulevard= 8,550-square feet
On and Off-Site Circulation:
A 30,450-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 northeast side of this site
providing access to the internal loop road within Lazy P Subdivision. No direct access is proposed
to North Linder Road or East Chinden Boulevard.
K. BUILDING DESIGN FEATURES:
Roof: Single Play(white)
Walls: Stucco(Frasier fur,light khaki),cultured stone(Bucks County Ledgestone)
Windows/Doors:Anodized aluminum storefront windows and doors.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees:The street trees were installed by the developer of Eagle Island Marketplace.
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 west sides of the parking
area. No landscaping is proposed along the east property line because a cross
access ingress/egress easement is located along the east property line.
b. Interior Landscaping: 10%interior landscaping is required, 15%is proposed.
M. TRASH ENCLOSURES:
One 300-square foot trash enclosure is proposed to be located near the driveway entrance at the
northeast side of the property. The enclosure is proposed to be constructed of CMU block with
stucco finish and metal gates,all of which will match the materials and colors used in the
construction of the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screen from view by the parapet walls. No ground mounted mechanical units are
proposed.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
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and approved by the Zoning Administrator 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 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
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
Central District Health
Chevron Pipe Line
Idaho Transportation Department
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.
W. LETTERS FROM THE PUBLIC: None received to date.
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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 Commercial.
B. PRE ANNEXATION AND DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design
Review),and be generally consistent with the Concept Plan,provided, however,it is the intent
of this Agreement to allow flexibility at the time a detailed plan and platting are submitted to
Eagle so long as the general intent of the Concept Plan and the requirements set forth in this
Agreement are met. If Applicant develops the Property prior to annexation under the
jurisdiction of Ada County, the Applicant shall apply for Design Review approval in Eagle
and the County shall not issue a zoning certificate or building permit for the Project until
Eagle has provided the County with a letter of approval and/or conditions of approval for the
Project resulting from that Design Review approval.
3.9 All development of the Property shall be consistent with Landscape Guidelines, site Design
Guidelines, and Architectural Guidelines compiled in connection with the Eagle Design
Review Process, and shall be generally consistent with the Concept Plan, provided that the
development guidelines do not conflict with Section 3.2 of this Agreement. The Applicant
shall submit a Design Review site layout and landscape application for the site, and shall
comply with all conditions required by Eagle as part of Design Review prior to submittal of
final plat.
3.14 In addition to the sidewalks proposed around the perimeter of the development (see Concept
Plan), the applicant will design the proposed interior parking lot pathways (sidewalks) to
provide optimum pedestrian interconnectivity to all portions of the site which should reduce
the need to drive from store to store and should promote enhanced pedestrian movement
within the site. The site is to be designed with shelters, "kiosks" pergolas, etc, in strategic
locations to provide refuge and visual relief to pedestrians traversing the parking lot. The
concrete sidewalks along Linder Road and Chinden Boulevard shall be a minimum of 6-foot
wide and configured in a meandering pattern compliant with all ADA requirements.
3.15 The Applicant shall construct outdoor plaza areas in strategic locations within the
development and in front of the buildings to accommodate and facilitate gathering points for
users of the development. These plaza areas shall include items such as seating areas, art
work, fountains, landscaping, drinking fountains, bike racks, or similar features designed and
displayed in a manner that lends to establishing a common theme or identity to the
development.
3.16 Due to the high visibility of the Chinden Boulevard and Linder Road intersection, special
attention shall be given to the configuration and position of the buildings abutting the
roadways. Buildings should be designed to be positioned at varied distances from the abutting
roadways to provide modulation, and building footprints and fenestrations are encouraged to
be irregular to inspire greater creative designs. All lots and buildings shall be configured to
screen any and all loading areas and trash enclosures from view as seen from residential uses
or public roadways. Building placement shall be designed such that parking areas are not
concentrated between the buildings and the abutting roadways. The parking areas depicted on
the Concept Plan are not considered to be concentrated between the buildings and the abutting
roadways. The side of any buildings facing the roadways shall be provided with architectural
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design elements and architectural relief,as may be approved by the Eagle Design Review
Board.
3.17 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden
Boulevard to accommodate future corridor widening. Buildings shall be setback a minimum
of 25-feet from the new right-of-way line on Linder Road to provide for landscaping and
potential roadway widening.
3.18 The development shall include buffers pursuant to Eagle City Code 8-3-3 D. All service areas
(loading bays,trash compactors,etc)shall be designed to lessen impacts(noise,glare,odors,
etc)upon adjacent residential uses. The storage of materials,packing supplies,and
merchandise is prohibited within the service-drive aisle and service areas. Tasteful displays of
merchandise may be permitted outdoors if approved through a development application.
3.20 The Applicant shall provide for and include a cross access agreement between all lots within
the development to provide and facilitate shared access to the public rights-of-way. The cross
access agreement shall be reviewed and approved by the City Attorney for both form and
content prior to issuance of a zoning certificate. The cross access agreement shall be executed
and recorded prior to the issuance of a zoning certificate.
3.25 The development shall be limited to three (3) drive-thru restaurants, one (1) pharmacy drive-
thru, one (1) bank (including drive-thru), one (1) remote drive up ATM, and one (1) fuel
service station. The City may place reasonable limits on the hours of operation of all drive-
thru uses to ensure compatibility with adjacent uses.
C. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles,themes,and elements
envisioned through the requirements of this article.The EASD book,established through a
resolution of the city council and as may be amended through future resolution(s),contains all
exhibits referenced in this article and is incorporated herein by reference.However,exhibit A-
1 may only be modified through an ordinance amendment.The architecture styles found in the
EASD book are permitted styles.Architectural styles not shown within the EASD book will
not be considered. A copy of the EASD book is available at Eagle city hall.
• Eagle City Code Section 8-2A-6(A)(6)(d)
Relationship Of Exterior Materials:The design review board shall determine the
appropriateness of materials as they relate to building mass,shadow relief,and existing area
development.Use of color to provide blending of materials with the surrounding area and
building use,and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered.
• Eagle City Code Section 8-2A-6(A)(6)(e)
Allowed Architectural Styles:The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-4-3(A)
Paving:The required number of parking and loading spaces as set forth in this chapter,
together with driveways,aisles and other circulation areas,shall be improved with material
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such as asphalt or concrete,to provide a durable and dust free surface.Gravel or dirt surfaces
shall not be permitted.
• Eagle City Code Section 8-4-5
Restaurants,dining rooms, 1 per 150 square feet of gross floor area;plus 1
taverns,nightclubs, etc. per 35 square feet dance floor
sales not listed under 1 per 250 square feet of gross floor area;in the f
another use classification DDA and TDA 1 per 500 square feet of gross
floor area shall be required for any such use and
on street parking shall be included in the
minimum requirement
D. DISCUSSION:
• The applicant has submitted a design review application requesting approval to construct two new
core/shell retail and restaurant buildings at the southwest corner of Eagle Island Marketplace. Per
the applicant's justification letter,date stamped by the City on May 8, 2013,they are proposing to
construct the buildings in accordance with the Italianate and Romanesque Revival style of
architectures as depicted within the EASD book. During the pre-application meeting, staff
suggested that elements be added to the building to help provide interest to buildings since they are
going to be very visible from the Linder Road/Chinden Boulevard intersection. The applicant
indicated that the buildings would be broken up with landscaping and additional architectural
features. While the materials and colors of the building complement the other buildings proposed
or constructed within this development,it is staff's opinion that additional architectural features
could be added to the building facade in order to provide additional interest(i.e.: awnings,trellis,
gables,materials,etc.). The existing landscaping and the proposed landscaping do not provide
enough vertical relief to these buildings. Staff defers further comment and recommendation to the
Design Review Board regarding the design of the buildings.
• With the completion of the Fred Meyer building and the common area landscaping of Eagle Island
Marketplace,the majority of the parking and parking lot landscaping was completed. The site and
landscape plans, date stamped by the City on May 8, 2013, do not show the same parking
configuration. The site plan,while it shows 19-additional parking spaces on the eastern portion of
the site,it still doesn't show the total number of parking spaces required with these proposed
building. The applicant should be required to provide revised site and landscape plans showing
the parking and interior landscaping associated with these buildings to match each other and to
show the required number of parking spaces. The revised site and landscape plans should be
reviewed and approved by staff and two member of the Design Review Board prior to the issuance
of a zoning certificate.
• The site plan, date stamped by the City on May 8, 2013, shows a 24-foot wide shared drive aisle to
be located on the eastern most property line of these two sites to access the 10-parking spaces on
the eastern portion of these sites. Pursuant to the final plat for Lazy P Subdivision, all lots have a
reciprocal cross-access for vehicular and pedestrian ingress and egress to the public right of way.
The applicant should be required to provide a letter from the property owner to the east,approving
12-feet of the 24-foot wide shared drive aisle to be located on the western 12-feet of their property.
The letter should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
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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 to consider the application was held before the Design Review Board on June 13, 2013.
The Board continued the item to June 27,2013 and July 11, 2013 and made their decision at that time.
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 (McCullough,Hull,and Martin absent)to approve DR-28-13 for a design
review application to construct two multi-tenant retail/restaurant buildings for Eisenberg Linchin,
LLC,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. • - •.- - -. ' - - _ . . _ .. •- _ - , . _.. • . ._ . _ • -
2. Provide a letter from the property owner to the east,approving 12-feet of the 24-foot wide shared drive
aisle to be located on the western 12-feet of their property. The letter shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan
review.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Roof top mechanical units,hoods,vents,access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
9. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building.
10. The elevation plans,date stamped by the City on June 28, 2013, are approved.
11. The revised site and landscape plans,date stamped by the City on June 28, 2013, are approved.
12. Provide revised elevation plans indicating the doors on the rear of the building are to be painted a
similar color to blend with the adjacent building materials. The revised elevation plans shall be
reviewed and approved by staff prior to the City issuing a zoning certificate.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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
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.
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9. Encroachments including,but not limited to,landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
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river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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).
26. 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.
27. 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 May 8, 2013.
2. Requests for agencies' reviews were transmitted on May 10, 2013, in accordance with the
requirements of the Eagle City Code.
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3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-28-13) 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 C-3-DA(highway business district with development agreement)zoning district.
DATED this 25th day of July 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
. ----- ` ---__ <,_/________,
/ r—Q1 '
Eric R. Cull , Chairman E A G 'i".
ATTEST: = G 04
Sharon K. Bergm >,Eagle City Clerk •STA TE OF,,,`'
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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