Findings - DR - 2014 - DR-73-13 - Change Of Use From Storage/Warehouse To Personal Improvement BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A CHANGE )
OF USE FROM STORAGE/WAREHOUSE )
TO PERSONAL IMPROVEMENT FOR )
EAGLE ELITE EVOLUTION, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-73-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 8, 2014. 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:
Eagle Elite Evolution, LLC is requesting design review approval to change the use within a 5,043-
square foot building from storage/warehouse to personal improvement(CrossFit E3). The 0.3-acre
site is located south of East Dunyon Street approximately 130-feet west of South Parkinson Street
at 2373 East Dunyon Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 17, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 23, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 4, 1996, the Eagle Planning and Zoning Commission approved a design review
application for a storage/warehouse building(DR-15-96).
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU(mixed use) Storage/Warehouse
Proposed No Change No Change Personal Improvement
North of site Residential Four R-4 (Residential) Residential
South of site Mixed Use BP(Business Park) Mobile Homes
East of site Mixed Use MU (Mixed Use) Mobile Home
West of site Mixed Use MU(Mixed Use) Mobile Home
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DSDA (Dunyon/State
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 5,043-square foot building with
associated parking and landscaping.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.3-acres(13,312-square feet) 0.11-acres(5,000-square feet)
Percentage of Site Devoted to 38%(approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 10%(approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 6-parking spaces 20-parking spaces(minimum)
Front Setback 28-feet(south) 15-feet(minimum)*
Rear Setback 25-feet(north) 15-feet(minimum)*
Side Setback 5-feet(west) 5-feet(minimum)*
Side Setback 29-feet(east) 5-feet(minimum)*
*Note:Required setbacks within the DSDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Building: One building to be used for personal improvement.
Height and Number of Stories of Existing Building: 30-feet; one story with storage area above a
portion of the ground floor.
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Gross Floor Area of Existing Building: 5,043-square feet(does not include second floor storage area)
On and Off-Site Circulation:
One 24-foot wide driveway is located on the south side of this site adjacent to the east property
line providing access to East State Street. One 20-foot wide driveway is located on the north side
of this site approximately 9-feet west of the east property line providing access to East Dunyon
Street.
K. BUILDING DESIGN FEATURES:
Roof: Metal roof
Walls: Smooth and split face CMU
Windows/Doors: Metal roll up doors and metal man doors
Fascia/Trim: Metal to match color of roof
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 applicant is not proposing any street trees with this application.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: There is no parking lot or perimeter landscaping on this site.
M. TRASH ENCLOSURES:
The application indicates that there is an existing enclosure at the northwest corner of the lot and
that they proposed to screen it. The application does not indicate what materials will be used to
screen the enclosure.
N. MECHANICAL UNITS:
The application indicates that there are no mechanical units for this building.
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:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
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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:
Eagle Fire Department
Idaho Transportation Department
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 August 25, 2009) designates this site as Mixed
Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business
District(CBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific planning
area text for a complete description. An allowable density of up to 10 units per 1 acre
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: General Applicability:
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This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi-family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
• 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: Design Requirements, Objectives and Considerations:
A. General Objectives And Considerations: The following apply to the entire design review
overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the
DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and,to
the extent there is a conflict with this section, the requirements for the DDA,TDA, CEDA,
and DSDA shall control. The following, including the provisions set forth in the Eagle
architecture and site design book, contains a listing of objectives applied to each application,
and a listing of matters which shall be considered by the design review board. The objectives
are separated into two (2)sections: site design and building design. Specific aspects of design
should be examined to determine whether the proposed development will provide a desirable
environment for its occupants as well as for its neighbors, and whether, aesthetically,the
composition, materials,textures and colors meet the intent of this article.
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
a. The functional relationship of the structures and the site in relation to its
surroundings;
b. The impact and effect of the site development plan on traffic conditions on
contiguous streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and bays
and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
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g. The required driver,pedestrian and bicycle sight distance requirements of the
project and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion
and conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods
and commercial areas.
• Eagle City Code Section 8-2A-6(A)(6)
Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies,bays, porches, covered entries,
overhead structures, awnings, changes in building facade and roofline alignment,to
provide shadow relief. Avoid monotonous flat planes;
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; and
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 8-2A-6(B)
Architectural Requirements, Building Materials,Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not listed
in this section it shall be upon the discretion of the zoning administrator,the design review
board, and the city council, whichever the case may be,to determine the appropriateness of
such material.
1. Exterior walls and soffits:
a. Wood: cedar(clear)and redwood(clear) -architectural/premium grade. Log siding,
wood shingle are permitted for accent only,twenty five percent(25%)maximum wall
coverage(per each facade);
Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.
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b. Fiber cement;
c. Masonite: horizontal lap only,maximum six inch(6")reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face
block for accent only,ten percent(10%)maximum wall coverage(per each facade);
h. Stucco: twenty five percent(25%)planer change required, additional accents shall be
incorporated through the use of other material(s);
i. EIFS: permitted for accent only,ten percent(10%)maximum wall coverage(per each
facade). Additional accents required through the use of other materials;
j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils,
shutters, dormers, cupolas, columns;
k. Metal: metal siding shall be anodized, shall have a concealed fastener system, shall
have a silicon polyester finish or equivalent, and shall include special design treatments
to enhance its appearance. These treatments may include brick or masonry wainscot
treatments along exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the
face of the building oriented towards the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant
shows that the metal is architecturally compatible with surrounding buildings; is
architecturally compatible with other nonmetal buildings in the city; and is attractively
landscaped, designed, and situated,to eliminate the stark utilitarian look intended to be
prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection Blk, metal siding
shall be prohibited in the DDA, TDA, CEDA design review overlay district areas.
2. Roofs:
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a
road.
• Eagle City Code Section 8-2A-6(F)
Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book.
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks And Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line
shall be fifteen feet(15')minimum.
b. Side Setbacks: Side building setbacks shall be five feet(5')minimum.
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c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and
the city encourages joint efforts between adjoining property owners. Suggested
amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree
displays in movable planters, outdoor dining, plazas, streetscape extension and bike
racks.
d. Site And Landscape Design: At the discretion of the design review board the
following may be considered when the board finds that the site has been designed in
harmony with the design guidelines, objectives and considerations noted within
subsection A of this section.
(1)Interior and perimeter parking lot landscape area dimensions may be reduced.
(2)The minimum required landscaping between the building and the property line
may be reduced when the design review board finds that the building's design
style and architecture serves as an appropriate buffer to the adjacent property.
(3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be
considered. Perimeter fencing facing the public street is prohibited. Barbwire
and/or razor/ribbon wire located on top of the chainlink fence is prohibited.
• Eagle City Code Section 8-2A-7(M)
Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be required
when space permits. An eight foot(8')wide minimum parkway planter strip planted with
shade class(class II)trees shall be required between the sidewalk and street to provide a
canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the
approved tree list in subsection Q of this section shall be located on both sides of all
streets within the eight foot(8')wide landscape strip between the sidewalk and the curb.
Trees shall be planted at the front of each lot generally located on each side lot line corner
with the distance between trees to be a minimum of thirty five feet(35')and a maximum
of eighty feet(80')of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
• Eagle City Code Section 8-4-4-2(A) Site Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp)shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
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purposes.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply
with current city code.
9. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
• 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 a joint/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;
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 public 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 8-4-4-1A 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;
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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 a joint/collective parking facility
unless substitute parking facilities are provided.
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
Personal improvement 1 per 250 square feet of gross floor area
Storage(enclosed building and/or 1 per 1,000 square feet of gross storage area
fenced area)
Warehousing, wholesaling, distri- 1 per 1,000 square feet gross area up to 20,000 square feet
bution and storage plus 1 per 2,000 square feet gross area over 20,000 square
feet
C. DISCUSSION:
• On November 4, 1996, the Eagle Planning and Zoning Commission approved a design review
application for the construction of a storage/warehouse building for the Boise Garage Company
(DR-15-96). At the time the design review application for the building was reviewed by the City,
the architectural style of the building was permitted within Eagle City Code. The applicant is
requesting design review approval to change the use within the building from storage/warehouse to
personal improvement. Pursuant to Eagle City Code, proposed changes in building use require the
submittal of a design review application in compliance with the current code.
In March of 2004, the Eagle City Council approved the Eagle Architecture and Site Design Book
(EASD), where nine architectural styles were created to communicate the vision of the City to
potential developers. This site is located within the Dunyon/State Development Area (DSDA).
The setbacks, landscaping, and fencing within the DSDA overlay district are permitted to be
reduced when the Board finds that the site has been designed in harmony with the design
guidelines, objectives and consideration noted with Eagle City Code.
The architectural style of the building does not comply with one of the styles within the EASD
book, nor do the materials used in the construction of the building comply with that which is
permitted within Eagle City Code. There are no trees and little to no landscaping on this site. The
existing chainlink fence has barbwire located on top of it. The trash enclosure is not screened. The
exterior lighting on the building is not screened per Eagle City Code.
Another concern regarding this proposed change of use is the lack of parking on-site for the
patrons. Based on the square footage of the building and Eagle City Code, personal improvement
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requires twenty (20) on-site parking space. The site plan, date stamped by the City on December
17, 2014, shows there are 6-parking spaces on this site; however, pursuant to the photographs, date
stamped by the City on January 17, 2014, the patrons park in the right-of-way of East State Street,
a couple park on the north side of the building, and/or within the right-of-way of Dunyon Street.
While the City has not received correspondence from ACHD, it is staff's understanding that
ACHD does not permit vehicles backing out onto a public road.
Staff is recommending denial of the proposed change of used because there are numerous sections
of Eagle City Code that the site does not comply with in regard to building architecture,
landscaping, on-site parking, building lighting, fencing style,trash enclosure and screening, etc.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
design review application because it does not comply with Eagle City Code Title 8, Section 2,
Article A, Design Review Overlay District and Section 4, Off Street Parking and Loading.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 23, 2014.
The Board continued the item to February 13, 2014, March 13, 2014, and March 27, 2014, at which
time the Board remanded the item to staff. On May 8, 2014,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(McCullough, Brasher, Martin, and Hash absent)to approve DR-73-13 for
a design review application to change the use within the building from storage/warehouse to
personal improvement for Eagle Elite Evolution, LLC, with the following site specific conditions
of approval and standard conditions of approval with text shown with underline to be added by the
Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. No ground mounted mechanical units are proposed and none are approved.
2. No signs are proposed with this application and none are approved.
3. No transformers are proposed and none are approved.
4. Provide a revised site plan showing the general location of the two(2)trees to be added to the site.
The plan shall show the specific species of tree and the trees shall be a minimum of two inches(2") in
caliper. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
5. The barbwire fence and uprights shall be removed pursuant to Option 1, date stamped by the City on
April 30, 2014.
6. Provide a revised site plan showing the angled parking layout, striping, and directional information
regarding the one way drive aisle. The revised site plan shall be reviewed and approved by staff prior
to the issuance of a zoning certificate.
7. Provide detailed cut sheets of the proposed building lighting showing they comply with Eagle City
Code with regard to the lamp and lens not being visible from the property line. The detailed cut sheets
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
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8. Comply with any requirements of the Building Department with regard to the 2012 International
Building Code Chapter 34 Existing Buildings prior to the issuance of a certificate of occupancy.
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
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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.
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
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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.
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 17, 2013.
2. Requests for agencies' reviews were transmitted on December 23, 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-73-13) 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.
The Board recognizes that Eagle City Code requires the architectural style of buildings to comply with
one of the nine (9) architectural styles indicated with in the EASD book; however, the Board agrees
that the architecture of the existing building complements the other buildings within the surrounding
area and that no structural alterations are required.
The Board recommends that curb, gutter, and sidewalk along both East Dunyon Street and East State
Street not be required at this time.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement)zoning district.
DATED this 22nd day of May 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE,
Ada County, Idaho
7
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Robert Grubb, Chairman d`•*c'f EAG '••,,,
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haron K Bergmann,Eagle City Cler �••• 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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