Findings - DR - 2013 - DR-37-13 - Remodel Existing Building Into An Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO REMODEL )
EXISTING BUILDING INTO AN OFFICE )
BUILDING FOR LARRY AND DEBI DOWNS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-37-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 22, 2013. 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:
Larry and Debi Downs,represented by James Gipson, are requesting design review approval to
remodel a 940-square foot building into an office for Downs Realty. This application is also to
review the construction of a 555-square foot addition to the existing building. The 0.28-acre site is
located on the west side of South Eagle Road approximately 700-feet north of State Highway 44 at
221 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 18, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 29, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 24, 2008, the Eagle City Council approved a rezone for this site with a development
agreement(RZ-02-08).
On July 12, 2008, the Eagle City Council approved a design review application to convert this
building from a residential dwelling unit to a retail building(DR-25-08).
On July 12, 2008, the Eagle City Council approved a design review sign application for the
building wall signage for the Spoons Kitchen(DR-26-08).
E. COMPANION APPLICATIONS: DR-38-13 (design review sign application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business Vacant single family
District with development residence(dilapidated)
agreement)
Proposed No Change No Change Office
North of site Downtown CBD-DA(Central Business Commercial(Mean Jeans)
District with development
agreement)
South of site Downtown R-4 (Residential up to four Drugstore with drive thru
dwelling units per acre window(Walgreens)
maximum)
East of site Downtown CBD (Central Business Eagle Road, restaurant
District) w/drive thru(McDonalds)
West of site Residential Four R-4(Residential up to four Single family residential
dwelling units per acre
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located in both the TDA and CEDA overlay districts. Pursuant to Eagle City Code 8-
2A-5(C)(4),when a parcel lies within two overlay districts the more restrictive overlay district
shall generally apply.
H. EXISTING SITE CHARACTERISTICS:
A residential structure currently exists on the site(very dilapidated),and is accessed via a twelve
foot(12')wide unpaved drive aisle. Various mature trees and shrubs also exist on the property,
including several mature Catalpa trees.The Spoils Banks Canal extends within a 100-foot
easement along the west portion of the property.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.280-acres(12,197-square feet) 0.01-acres(500-square feet)
(minimum)
Percentage of Site Devoted to Option A= 12% 20%(minimum)*
Building Coverage Option B=8% 85%(maximum)*
Percentage of Site Devoted to 53% (approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 7-parking spaces 3-parking spaces(minimum)**
Front Setback Option A=28-feet 10-feet(minimum)*
Option B=44-feet 25-feet(maximum)*
Rear Setback 142-feet 0-feet(minimum)
Side Setback 10-feet 0-feet(minimum)*
10-feet(maximum)*
Side Setback 8-feet 0-feet(minimum)*
10-feet(maximum)*
*Note: Setbacks and lot coverage when located within the TDA overlay district.
**Note:The required parking within the DDA and TDA shall be reduced by 50%for all nonresidential uses.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: One building to be used for an office.
Height and Number of Stories of Proposed Buildings: 19 1/2-feet high; one story.
Gross Floor Area of Proposed Buildings: Existing= 940-square feet
Addition= 555-square feet
Total= 1,495-square feet
On and Off-Site Circulation:
A 4,180-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 25-foot wide driveway is proposed to be located on the south side of this site
approximately 220-feet west of Eagle Road providing access to the Walgreens site located adjacent
to the south property line of this site.
K. BUILDING DESIGN FEATURES:
Roof:Architectural fiberglass shingles(black)
Walls:Lap siding(Kilm Beige)
Windows/Doors:Vinyl windows(tan),wood doors(tan)
Fascia/Trim:Wood(cordova brown)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are several existing trees on this site
that the applicant is proposing to retain.
Tree Replacement Calculations: The applicant is proposing to keep the majority of the trees on this
site; however,they are proposing to remove several Black Locust trees and a dead pine tree from
the site. The remaining trees are to be retained and protected during construction.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: There is an existing street tree located within the planter strip located between curb
and separated sidewalk.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the site with the
exception of the north property line.
b. Interior Landscaping: 0%interior landscaping is required, 14%is proposed.
M. TRASH ENCLOSURES:
The application indicates that the trash container will be concealed but does not indicate where on
the site it is to be stored. Pursuant to Eagle City Code,trash containers are to be screened from
view.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
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:
No preliminary approval letters from Central District Health Department,Eagle Fire Department,
or Eagle Sewer District 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 FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—the applicant is proposing to retain all the desirable trees and remove the
undesirable trees(black locust and dead pine trees)
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-yes(Spoil Banks canal extends adjacent to the west portion of the site)
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:
Drainage District No. 2
Idaho Department of Lands
Idaho Transportation Department
Middleton Irrigation Association,Inc. and Middleton Mill Ditch Co.
Settlers Irrigation 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 designates this site as Downtown.
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, and the design review board
shall consider:
• Eagle City Code Section 8-2A-6(D)(2)(d)
Orientation: Shall be designed so that at least seventy percent(70%)of the building's ground
level,street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
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• Eagle City Code Section 8-2A-6(D)(2)(f)
Facade: All buildings shall include a"storefront"on the ground floor consisting of a minimum
of fifty percent(50%)glass.Floors above the main floor shall have a minimum of twenty five
percent(25%)glass.
• Eagle City Code Section 8-2A-6(D)(3)(a)
Front building setbacks from the property line shall be a minimum of ten feet(10')to a
maximum of twenty five feet(25').
• Eagle City Code Section 8-2A-6(D)(3)(f)
Lot coverage by the footprint of the structure shall be a minimum of twenty percent(20%)and
a maximum of eighty five percent(85%)in which case off site parking shall be provided for.
The minimum lot coverage requirement may be reduced by the council for the purpose of
providing adequate on site parking in accordance with provisions of this title for structures that
include residential uses on floors other than the ground floor.
• Eagle City Code Section 8-2A-6(G)(13)
Sidewalks within the TDA shall be a minimum of ten feet(10')wide and shall abut the curb or
shall be a minimum of eight feet(8')wide with a ten foot(10')wide landscape strip between
the sidewalk and curb.If the sidewalk alternative which abuts the curb is utilized it shall be
constructed to match the sidewalk exhibit within the EASD book,consisting of smooth 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 2x caliper of tree removed "
Sgt
ea,
61/4 inches to 12 inches 1.5x caliper of tree removed 4R
121/4 inches or more lx 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.
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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.
• Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping:Perimeter landscaping requirements define parking areas
and prevent two(2)adjacent lots from becoming one large expanse of paving.This
requirement does not hinder the ability to provide vehicular access between lots.
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.
C. DISCUSSION:
• The applicant is requesting design review approval to remodel an existing 940-square foot
building into an office building. The architectural style of the exterior remodel will comply with
the "Craftsman" style of architecture as specified within the EASD book. The ultimate desire of
the applicant is to remodel the 940-square feet and add an additional 555-square foot addition to
the building. The applicant has provided plans showing and Option A and Option B. Option A
includes the 555-square foot addition to the 940-square foot building and Option B is just
remodeling the 940-square foot building. Both options including the construction of the parking
area west of the existing structure, a concrete plaza on the east side of the structure, landscaping at
the base of the building, and access to the site from the Walgreens site adjacent to the south
property line.
The minimum front set back in the TDA overlay district is 10-feet and the maximum is 25-feet and
the minimum lot coverage is 20%. Option B shows the existing front setback of the building is
44-feet from the east property line of Eagle Road with a minimum lot coverage of 8%. Option A
shows the proposed front setback to be 28-feet from the east property line of Eagle Road with a
minimum lot coverage of 12%. Neither Option A nor B meet the maximum required front setback
of 25-feet or the minimum lot coverage of 20%. Staff defers comment to the Design Review
Board regarding the existing and proposed front setback from the east property line and the
minimum lot coverage.
The east building elevation is proposed to look the same regardless if Option A or B is
constructed. Option B would utilize the existing structure; thus staff understands how achieving
50% glass on the east elevation would be difficult. However, if Option A were constructed, this
would be a new portion of the structure. Because Option A would be new construction, staff
recommends the applicant design the building facade to include 50% glass on the east elevation
The applicant should be required to provide revised elevation plans showing Option A with 50%
glass on the east building elevation The revised building elevation should be reviewed and
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approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
• Currently there is a separated sidewalk adjacent to Eagle Road with a 2-foot wide planter with
grass, a street tree and a historic light fixture. The site and landscape plan show the 2-foot wide
planter strip and 4-foot wide sidewalk remaining with an additional 6-feet of stamped sidewalk to
be constructed adjacent to the west side of the existing 4-foot wide sidewalk so as to provide a
total of 10-feet of sidewalk. Pursuant to Eagle City Code, a 10-foot wide sidewalk abutting the
back of curb or a minimum of 8-feet wide with a 10-foot wide landscape strip between the
sidewalk and back of curb. This property is the last of several on the west side of Eagle Road to
redevelop. Pursuant to previous action by the Board and Council prior applicants have been
permitted to provide a 10-foot wide sidewalk by adding an additional 5 to 6-feet of red stamped
concrete to the west side of the existing sidewalk. Since the site is only 50-feet wide, it is staff's
opinion that to require the applicant to remove the existing sidewalk and construct the 10-foot
wide sidewalk in compliance with Eagle City Code would be additional cost that could otherwise
be utilized on other aspects of this site to gain compliance with Eagle City Code.
• The site and landscape plan show the parking to be constructed on the west side of the existing
building. There is a 5-foot wide landscape area between the proposed parking spaces and the
south property line. No landscaping has been shown to be located along the north property line.
The applicant indicates that because they have designed their parking lot to retain several of the
mature trees that providing landscaping along the north property line should not be required.
Pursuant to Eagle City Code, a 5-foot wide perimeter landscape strip is required between property
lines and parking lots to be planted with a minimum of one shade tree and five shrubs per thirty
five linear feet of perimeter.
If the Board determines that a 5-foot landscape strip is not required between the parking lot and
the north property line, the applicant should be required to grade and design the drainage of this
site so that runoff from the parking lot does not drain onto the property to the north. The grading
and drainage plans should be reviewed and approved by the City Engineer prior to the issuance of
building permit.
• 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 to consider the application was held before the Design Review Board on August 22, 2013,
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 4 to 0 (McCullough and Grubb absent)to approve DR-37-13 for a design review
application to remodel an existing building into an office building for Larry and Debi Downs,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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The elevation plans, date stamped by the City on August 1, 2013, are approved. Provide revised
2. If Tthe Board determineds that a 5-foot landscape strip is not required between the parking lot and the
north property line,the applicant shall be required to grade and design the drainage of this site so that
runoff from the parking lot does not drain onto the property to the north. A concrete curb shall be
constructed at the northern edge of the asphalt in order to protect the edge of the asphalt. The grading
and drainage plans shall be reviewed and approved by the City Engineer prior to the issuance of
building permit.
3. Provide a revised site plan showing the location of a bike rack to be located on this site. Provide
detailed cut sheets showing the style, size,color,etc.of the proposed bike rack. The revised site plan
and detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning
certificate.
4. The existing 16-foot wide curb cut driveway on Eagle Road shall be removed and replaced with
vertical curb and gutter and sidewalk to match that which is existing and approved with this
application. The irrigation and grass planter area shall be extended and completed to match the
existing. The removal of the driveway, sidewalk and landscape improvements shall be completed prior
to the issuance of a certificate of occupancy for this site.
5. Provide a revised site and landscape plan showing the location of the trash tote and show how it is to
be screened from view so as to be in compliance with Eagle City Code. The revised site and landscape
plan shall be reviewed and approved by staff and two members of the Design Review Board prior to
the City issuing a zoning certificate.
6. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
7. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan
review.
11. Paint all electrical meters,phone boxes, etc.located on the building to match the color of the building.
12. No signs are proposed with this application. A separate design review application(DR-38-13)has been
submitted for the approval of signage for this building. The sign plan shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
13. Provide a revised landscape plan showing shrubs to be planted in the 5-foot wide landscape strip
between the south property line and the parking lot. The shrub material shall be a minimum of 3-foot
in height at the time of planting. The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
14. The sidewalk shown on the site and landscape plan, date stamped by the City on August 1, 2013, is
approved.
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15. The setbacks and lot coverage shown on the site and landscape plan,date stamped by the City on
August 1,2013,are approved.
16. The elevations plans,date stamped by the City on August 1, 2013, are approved.
17. Provide a revised landscape plan showing additional shrubs with regard to texture and variety on the
east and south sides of the building and within the courtyard area. The revised landscape plan shall be
reviewed and approved by staff and two members of the Design Review Board prior to the City issuing
a zoning certificate.
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
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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. 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.
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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
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.
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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 July 18, 2013.
2. Requests for agencies' reviews were transmitted on July 29, 2013,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-37-13) 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 as described herein.
As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions,
the Board recognizes that this site does not conform with several areas of the code regarding building
setbacks,lot coverage,streetscape, and storefront glass. The Board recommends that the code sections
regarding these items be suspended or relaxed to foster the rehabilitation of this building and site. The
approval of the proposed use and site improvements will greatly enhance this area of the city in a
positive way by creating an inviting destination for patrons and passing pedestrians and vehicles as
they enter Downtown Eagle
4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD-DA(central business district with development agreement)zoning district.
DATED this 12th day of September 2013.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Eric R ulloug Chairman _•` ��l
OF F�'•.,
1O% POk t��t,.
* ; G A•
ATTEST: •..
m:
% SEAL , *
R A Sharma K.Bergmann,Eagle City Clerk, •��'•••*F IONS:"
Regulatory Taking Notice: Applicant has the right,pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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