Findings - DR - 2001 - DR-68-01 - Construct A Professional Office Building Within Casa Escuela Subdivision
ORIGINAL
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A
PROFESSIONAL OFFICE BUILDING WITIDN
CASA ESCUELA SUBDIVISION FOR BRENT
AND STEPHANIE HADLEY
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-68-01
The above-entitled design review application came before the Eagle Design Review Board for their
action on November 15,2001. The Eagle 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:
Brent and Stephanie Hadley, represented by Patrick McKeegan Architect, are requesting
design review approval to construct a 2,487-square foot professional office building.
The 0.43-acre site is located east side of Academy Avenue approximately 530-feet north
of State Street within Casa Escuela Subdivision.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 7, 2001.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Design Review Board was
published in accordance with Eagle City Code on October 24, 2001. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Eagle City Code on October 19,
2001. Requests for agencies' reviews were transmitted on October 9, 2001 in
accordance with the requirements of the Eagle City Code.
c.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 10, 1998, the Eagle City Council approved the combined preliminary and
final plat for Casa Escue1a Subdivision (PP-3-97/FP-IO-97).
On October 24, 2000, the Eagle City Council approved a modification to the Common
area landscaping for Casa Escuela Subdivision (DR-I-97 MOD).
COMPANION APPLICATIONS: None
E.
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-I (Neighborhood Business Vacant
District)
Proposed No Change No Change Office Building
North of site Public/Semi-Public PS (Public/Semi-Public) Eagle Academy School
South of site Commercial C-l (Neighborhood Business Vacant/Proposed Office
District) Building
East of site Residential Four R-4 (Residential) Empire Estates
(Residential)
West of site Commercial C-l (Neighborhood Business Academy Avenue
District)
G.
H.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
EXISTING SITE CHARACTERISTICS:
There are sixteen existing trees on this site located along the north, east and west
property lines. There is a temporary turn around easement located on the west portion of
this site abutting Academy Avenue.
SITE DESIGN INFORMATION:
1.
Site Data Proposed Required
Total Acreage of Site 0.43-acres (18,666-square feet) 0.05-acres (2,000-square feet)
Percentage of Site Devoted to 13% 50% (maximum)
Building Coverage
Percentage of Site Devoted to 65% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 18-parking spaces 10-parking spaces (minimum)
Front Setback 129-feet 15-feet (minimum)
Rear Setback 20-feet O-feet (minimum)
Side Setback 40-feet (north) O-feet (minimum)
Side Setback 10-feet (south) O-feet (minimum)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as office.
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M.
N.
Height and Number of Stories of Proposed Buildings: 18- feet high, one story.
Gross Floor Area of Proposed Buildings: 2,487-square feet.
On and Off-Site Circulation:
A 3,980-square foot (approx.) paved parking lot provides parking for vehicles using this
site. One 25-foot wide driveway is proposed to be located on the west side of this site
approximately 30-feet north of the south property line providing access to Academy
Avenue.
K.
BUILDING DESIGN FEATURES:
Roof: Architectural Fiberglass Shingle (Dark Green/Gray)
Walls: Vinyl Siding (Tope/Light Tan)
Windows/Doors: Vinyl Windows/Aluminum Entrance (Bronze)
Facia/Trim: Vinyl (Dark Green)
LANDSCAPING DESIGN:
1.
Retention of Existing Trees and Preservation Methods: There were sixteen trees on this site.
There were four existing pine trees located on the east property line, which have been
removed and are still on this site. Per the arborist report a clump of elm trees located
near the front of the property (west property line) have been cut down. Twelve dead
trees remain standing on this site. The applicant has not indicated on the landscape plan
if any of the trees are to be retained on site.
Tree Replacement Calculations: The applicant is proposing to remove all twelve of the existing
dead trees from this site, which totals 48-inch (see attached arborist report). Per Eagle
City Code, the applicant is required to provide an additional 48-inches of tree
replacement caliper on-site for removing the twelve trees.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Two Norway Maple trees are proposed on each side of the entrance to this site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required. 11 % is proposed.
TRASH ENCLOSURES:
No trash enclosure has been proposed with this application. In the application the
applicant states that the trash volume for this office will not necessitate a trash enclosure.
However, if a trash enclosure were required, it would be screened with a 6-foot high
redwood fence. Per Eagle City Code, trash enclosures are required to be screened from
view with a five foot wide by six foot high landscape buffer. A revised site and
landscape plan showing the location of the trash enclosure and a five foot wide by six
foot high landscape buffer around the trash enclosure is required.
OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be
reviewed and approved by the Design Review Board prior to issuance of any building
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V.
O.
permits.
SIGNAGE:
No signs are proposed with this application. A separate design review application is
required for the approval of any signs.
P.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire
Department, 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.
PUBLIC USES PROPOSED: None
Q.
R.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
S.
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 - no
Wildlife Habitat - no
T.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments, which appear to be of special concern, are noted below:
U.
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
United Water Company
LETTERS FROM THE PUBLIC: None received to date.
A letter from Jerry Stallsmith (Certified Arborist), dated October 23,2001.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
B.
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.
Section 8-2A- 7(A)
Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale (no smaller than 1 II = 30') and shall indicate the following:
1. Boundaries, property lines, and dimensions.
2. Existing trees and vegetation identified by species and size.
3. The location and design of areas to be landscaped.
4. The location and labels for all proposed plants.
5. Plant lists or schedules with the botanical and common name, quantity, and spacing
and size of all proposed landscape material at the time of planting.
6. Location and description of other landscape improvements, such as earth berms, walls,
fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas.
7. Planting and installation details as necessary to ensure conformance with all required
standards.
.
Section 8-2A-7(C)(I)
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 cal. 2x cal. of tree removed
6 1/4 inches to 12 inches 1.5x cal. of tree removed
12 1/4 inches or more Ix cal. 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.
.
Section 8-2A- 7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled
and burlapped.
.
Section 8-2A- 7(E)(5)
The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7')
balled and burlapped.
.
Section 8-2A- 7(1)(2)( c)
.
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off-street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot
(6') high landscaped buffer is required.
Section 8-2A- 7(K)(3)(a)
.
Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
Section 8-3-2(D)
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C.
.
Enclosed Trash Areas: All trash and/or garbage collection areas for commercial,
industrial and multi-family residential uses shall be enclosed on at least three (3) sides
by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a
metal frame shall enclose the fourth side, or shall be within an enclosed building or
structure. Adequate vehicular access to and from such area or areas for collection of
trash and/or garbage as determined by the Administrator shall be provided.
Section 8-3-3(D)
Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the Council is provided. Such screening shall be a masonry or
solid fence between four and eight feet (4' to 8') in height, maintained in good condition
and free of all advertising or other signs. Landscaping provided in lieu of such wall or
fence shall consist of a strip of land not less than twenty feet (20') in width planted with
an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in
height at the time of planting.
DISCUSSION:
.
Per Eagle City Code, landscape plans are required to show existing trees and vegetation
identified by species and size. A plant list with the botanical and common name, quantity,
and spacing and size of all proposed landscape material is required. Per Eagle City Code, all
deciduous trees are required to be a minimum of 3-inches in caliper and all evergreen trees
are required to be a minimum of6 to 7-feet in height. The applicant should be required to
provide a revised landscape showing existing trees and vegetation and a plant list with the
botanical and common name, quantity and spacing and size of all proposed landscape
material. The revised landscape plan should be reviewed and approved by the Design
Review Board prior to issuance of a building permit.
Sixteen mature trees were previously located on this site. Four existing pine trees that were
located on the east property line have been removed from the soil and are still on this site.
Per the arborist report, a clump of elm trees located near the front of the property (west
property line) have been cut down. Twelve dead trees remain standing on this site. The
applicant has not indicated on the landscape plan if any of the trees are to be retained on site.
Per Eagle City Code, the 24-inches of tree caliper that is proposed to be removed from site
is required to be replaced with 48-inches of tree caliper on this site. The applicant should be
required to provide a revised landscape plan showing the addition of 48-inches of tree caliper
on site. The revised landscape plan should be reviewed and approved by the Design Review
Board prior to issuance of a building permit.
.
.
Per the approval of the modification to the common area landscaping of Casa Escue1a
Subdivision (DR-I-97 MOD), the applicant is required to provide three additional3-inch
caliper trees on site in addition to the required plantings of this development. The landscape
plan submitted with this application does not appear to provide the three additional 3-inch
caliper trees on site in addition to the required plantings of this development. The applicant
should be required to provide a revised landscape plan showing the three additional 3-inch
caliper trees on site. The revised landscape plan should be reviewed and approved by the
Design Review Board prior to issuance of a building permit.
The proposed landscape plan indicates that deciduous trees are to be 2-inches in caliper and
.
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.
evergreen trees are to be 3-inches in caliper. Per Eagle City Code, the minimum acceptable
size for deciduous trees is 3-inch caliper and the minimum acceptable size for evergreen
trees is 6 to 7-feet tall. The applicant should be required to provide a revised landscape plan
showing all deciduous trees are 3-inches in caliper and all evergreen trees are 6- 7-feet tall.
The revised landscape plan should be reviewed and approved by staff prior to issuance of a
building permit.
No trash enclosure has been proposed with this application. In the application the applicant
states that the trash volume for this office will not necessitate a trash enclosure. However, if
a trash enclosure were required it would be screened with a 6-foot high redwood fence. Per
Eagle City Code, trash enclosures are required to be screened from view with a five foot
wide by six foot high landscape buffer or the trash is required to be located within an
enclosed building or structure. The applicant should be required to show where the trash
collection area will be located within the building or provide a revised site and landscape
plan showing the location of the trash enclosure and a five foot wide by six foot high
landscape buffer around the trash enclosure is required. The revised site and landscape plan
should be reviewed and approved by the Design Review Board prior to issuance of a
building permit.
A 10-foot wide landscape buffer is proposed between the parking lot and the north and south
property lines. No shade trees have been proposed within the landscape buffer area abutting
the parking lot. Per Eagle City Code, a minimum of one shade tree and five shrubs per thirty
five linear feet of perimeter is required. The applicant should be required to provide a
revised landscape plan showing a minimum of one shade tree per thirty linear feet of
perimeter. The revised landscape plan should be reviewed and approved by the Design
Review Board prior to issuance of a building permit.
The building is proposed to be located 20-feet from the east property line. The property to
the east is a residential subdivision (Empire Estates). Per Eagle City Code nonresidential
buildings or uses can not be located nor conducted closer than forty feet to any lot line of a
residential district. The required forty foot setback can be reduced by fifty percent if
acceptable landscaping or screening is approved by the City Council. A six foot high cedar
fence is existing on the east property line and the applicant is proposing to install a second
six foot high cedar fence. No landscaping other than grass has been proposed in the 20-foot
area between the building and the east property line. In past City Council action a reduction
in the 40-foot wide rear yard setback has not been approved. Staff recommends that if the
applicant wants to decrease the minimum 40-foot wide rear yard setback to 20-feet then a
revised landscape plan showing extensive plant material (including evergreen material)
between the building and the east property line and a six foot high vinyl or block wall on the
east property line be provided. The revised landscape plan and fence detail should be
reviewed and approved by the Design Review Board prior to issuance of a building permit.
.
.
.
Per the approval of Cas a Escue1a Subdivision (PP-3-97/FP-IO-97), the applicant is required
to provide 3-inch caliper trees along Academy Avenue. The trees are to be planted with a
maximum separation of35-feet and planted a maximum of 5-feet from the back of the
sidewalk. The applicant is proposing two maple trees on each side of the driveway to this
site.
.
There is an existing 50-foot radius temporary cul-de-sac easement located on the west side of
the property providing a turn around for vehicles using Academy Avenue. There is no curb
or sidewalk for the entire length of the turn around abutting this site. The applicant should
be required to provide documentation from the ACHD approving the removal of the
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temporary cul-de-sac, the installation of curb, gutter, and 5-foot wide sidewalk abutting the
site. The applicant should be required to install all proposed landscaping.
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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on November 15,
2001, at which time testimony was taken and the public hearing was closed. The Board 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).
BOARD DECISION:
The Board voted 3 to 0 (Barnes and McCullough absent) to approve DR-68-01 for a design review
application to construct a professional office building 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. Provide a revised landscape showing existing trees and vegetation and a plant list with the botanical
and common name, quantity and spacing and size of all proposed landscape material prepared by an
individual knowled~eable in the field oflandscape architecture or landscape desi¡p1. The revised
landscape plan shall be reviewed and approved by the Design Review Board prior to issuance of a
building permit.
2. Provide a revised landseape plan showing the additioß øf 18 ine1:J.es of tree ealiper on site. The
revised landseape plan shall be revie'l¡@d and appro'/ed by the Desiga Review Board prior to issuance
of a building permit.
3. Provide a revised landscape plan showing the addition of three 3-inch caliper trees on site. The
revised landscape plan shall be reviewed and approved by the Design Review Board prior to issuance
of a building permit.
4. Provide a revised landscape plan showing all deciduous trees are 3-inches in caliper and all
evergreen trees are 6- 7-feet tall. The revised landscape plan shall be reviewed and approved by staff
prior to issuance of a building permit.
5. The applicant's testimony indicated that all trash activity will be stored within the buildin~ and will
not require a trash enclosure. The applicant shall sShow where the trash collection area will be
located within the building. Should it be determined by the Zonin~ Administrator that a trash
enclosure is required. the applicant shalle¡: provide a revised site and landscape plan showing the
location of the trash enclosure with a five foot wide by six foot high landscape buffer around the
trash enclosure. is required. The revised floor, site, and landscape plan shall be reviewed and
approved by .s1!l.ff.the D@sign R@yiew Beard prior to issuance of a building permit.
6. Provide a revised landscape plan showing a minimum of one shade tree per thirty linear feet of
perimeter. The revised landscape plan shall be reviewed and approved by the Design Review Board
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prior to issuance of a building permit.
7. Provide a revised landscape plan showing extensive plant material (including evergreen material)
between the building and the east property line. The existin~ aHd-a six foot high wood fence shall
remain unless an a~eement between the applicant and the a<.ljacent property owners is met to replace
the wood fence with another wood fence of similar desi~. vinyl or bløek wall on th@ east prøp@rty
lffie. The revised landscape plan andLQr fence detail shall be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a building permit. The applicant shall
determine whether or not the existin~ fence will either remain or be replaced.
Nete: A reductien in the 1() J'<Jet setBack alen-g the cast p1'6pc-rty line will net he rothlccd unless this
re,,'iscd landscape pkm is app1'6'.'(3 fry the Design Reo/few Beard and City CÐ/;mcil.
8. Provide documentation from the ACHD approving the removal of the temporary cul-de-sac, the
installation of curb, gutter, and 5-foot wide sidewalk abutting the site. The applicant shall be
required to install all proposed landscaping.
9. Submit payment to the City for the arborist fees incurred for reviewing this project prior to issuance
of a building permit.
10. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
1 I. The proposed 20- foot s~aration between this commercial buildin~ and the adjacent residential
property is approved based upon the applicant submittin~ a revised landscape plan providin~
extensive plantin~s per Ea~le City Code.
12. Provide a parkin~ lot and buildin~ li~htin~ plan showin~ the li~ht standard. hei~ht. type of li~hti~~
(i.e. low pressure sodium or hi~h pressure sodium) and watta~e. Provide screenin~ ~~ the fixtur s to
prohibit any errant li~ht throu~h and into the residential pro.,perty. The li~htin~ plan shall be
reviewed and approved by staff and one member of the Desi~ Review Board prior to issuance of
any buildin~ permits.
13. Provide a detail indicatin~ the size and type of the proposed bike rack. The detail shall be reviewed
and approved by staff prior to issuance of a buildin~ permit.
14. Provide a north buildin~ elevation indicatin~ the masonry wainscot the fulllen~th on the north
elevation of the buildin¡:. The revised buildin~ elevations shall be reviewed and approved by staff
prior to issuance of a buildin~ permit.
15. Provide a revised landscape plan showin~ plant material that will screen the concrete stem wall al~n~
all buildin~ elevations. The revised landscape plan shall be reviewed and approved by staff prior 0
issuance of a buildin~ permit.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval ofthe 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.
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4. Written approval of all well water for any shared or commercial well shall be obtained ITom 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 ITom 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.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
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Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions ofthe Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance ofa building permit
or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
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elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission
for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any change by the applicant in the planned use ofthe 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.
23. 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 Design Review Board approval date).
24. 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.
25. 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 September 7, 2001.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on October 24, 2001. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Eagle City Code on October 19, 2001. Requests for agencies' reviews were
transmitted on October 9, 2001 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-68-01) with regard to Eagle City Code Section 8-2A-13 Design Review Board
Action, 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.
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DATED this 13th day of December 2001.
ATTEST:
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