Findings - DR - 2002 - DR-13-02 - Construct 4 Medical / Professional Office Buildings Within Rocky Mountain Business Park 461 S Fitness Place
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW TO CONSTRUCT FOUR )
MEDICAL/PROFESSIONAL OFFICE BUILDINGS)
WITIDN ROCKY MOUNTAIN BUSINESS PARK )
FOR DAVE EVANS CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-13-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on April 25, 2002. 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:
Dave Evans Construction, represented by Anna Powell with B & A Engineers, is requesting
design review approval to construct four medical/professional office buildings (totaling 13,885-
square feet) within Rocky Mountain Business Park. The site is located north of South Fitness
Place and west of East Iron Eagle Drive at 461 South Fitness Place (Lot 13, Block 3, Merrill
Subdivision No.2).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 7, 2002.
C. 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 February 27, 2002. 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 February 22, 2002. Requests for
agencies' reviews were transmitted on February 11,2002 in accordance with the requirements of
the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: VAC-2-02 and LLA-1-02
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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) Vacant
Proposed No Change No Change Four Medical/Professional
Office Buildings
North of site Mixed Use MU (Mixed Use) Proposed McConnehey
Medical Office
South of site Mixed Use MU (Mixed Use) Vacant
East of site Mixed Use MU (Mixed Use) Fitness PlacelRoad House
Bar-B-Q Restaurant
West ofsite Mixed Use MU (Mixed Use) Rocky Mountain Fitness
Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There are several existing street trees along East Iron Eagle
Drive and South Fitness Place.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1. I-acres (47 ,9 1 6-square feet) 0.16-acres (7,000-square feet)
Percentage of Site Devoted to 29% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 47% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 42-parking spaces 56-parking spaces
(business/professional office)
70-parking spaces
(medical! dental office)
Front Setback 20-feet (south) 20-feet (minimum)
Rear Setback 37-feet (north) 20-feet (minimum)
Side Setback 20- feet (east) 20-feet (minimum)
Side Setback 7.5-feet (west) 7.5-feet (minimum)
Note: The above noted setback distances were calculated from the perimeter property line boundary
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ofthe entire lot (from property line to closest building).
1. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Four buildings to be used as medical/professional offices.
Height and Number of Stories of Proposed Buildings: 22 Yz-feet high, one story.
Gross Floor Area of Proposed Buildings: Building 1 - 3,934-square feet
Building 2 - 2,730-square feet
. Building 3 - 2,727-square feet
Building 4 - 4,496-square feet
On and Off-Site Circulation:
An 11,608-square foot (approx.) paved parking lot provides parking for vehicles using this site.
One 24-foot wide driveway is proposed to be located on the east side of this site approximately
130-feet south of East Iron Eagle Drive providing access to South Fitness Place. One 24-foot
wide shared driveway is proposed to be located on the north side of this site approximately 140-
feet west of South Fitness Place providing access to East Iron Eagle Drive. The applicant is
proposing to enter into a shared parking agreement with the Rocky Mountain Fitness Center to
provide the required parking for this development.
K. BUILDING DESIGN FEATURES:
Roof: Slate Tile
Walls: Stucco Masonry
Windows/Doors: SteelNinyl
FascialTrim: Steel
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are several existing street trees
along East Iron Eagle Drive and South Fitness Place. The applicant has not indicated those trees
on the landscape plan.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There are existing street trees located along East Iron Eagle Drive and South
Fitness Place. Per the approval of DR-24-99 and DR-24-99 MOD the applicant is required to
provide 3-inch Greenspire Linden trees on South Fitness Place and 3-inch Norway Maple trees
on East Iron Eagle Drive spaced 35-feet apart. The landscape plan does not show any street trees
along East Iron Eagle Drive or South Fitness Place.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
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a. Perimeter Landscaping:
The landscape plan shows perimeter landscaping on the north and east sides of
this development where the parking abuts East Iron Eagle Drive and South
Fitness Place. Perimeter landscaping has not been proposed on the west or south
sides of this development because the applicant is proposing to share access
driveways and parking.
b. Interior Landscaping: 8% interior landscaping is required. 9% is proposed.
M. TRASH ENCLOSURES:
One 80-square foot trash enclosure is proposed to be located in the parking lot which is located
between buildings 2 and 3 and buildings 1 and 4, approximately 100-feet west of the driveway
on South Fitness Place. The enclosure is proposed to be constructed of stucco on cinder block
wall with steel/vinyl gates.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be located within the courtyard area between the buildings and
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 Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES 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.
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
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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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water Company
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Section 8-2A-6(A)(5)(b)
The location, design, of transformers and pad-mount mechanical and electrical equipment
shall be screened.
.
Section 8-2A- 7(A)(2)
Existing trees and vegetation identified by species and size.
.
Section 8-2A- 7(C)(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 C 1 of this Section.
.
Section 8-2A-7(J)(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)(2)
Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
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located adjacent to a public right of way. The landscaped strip shall serve to shield views of
parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along the
roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: 1
slope) within a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way and
the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five
(35) linear feet of frontage, excluding driveway openings.
.
Section 8-4-4-2(A)(1)
Any parking area which is intended to be used during nondaylight hours shall be illuminated.
.
Section 8-4-4-3
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-lA of
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this Chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces
are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the City
Attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this Chapter, shall be recorded in the office of the County Recorder and
copies thereof filed with the Zoning Administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create
a greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the City may require parking facilities in addition to those
originally approved upon findings by the City Council that adequate parking to
serve the uses has not been provided;
d. A provision stating that the City Council, may for due cause and upon notice
and hearing, unilaterally modify, amend, or terminate the agreement at any time,
and;
e. Any other information required to be documented on such agreement by the
City in an effort to assure compliance with this Title.
7. The Zoning Administrator may permit a maximum reduction in the number of spaces
to be provided not exceeding twenty percent (20%) of the sum of the number of spaces
required for each use only if the provisions of this Chapter have been met. The
maximum allowable reduction in the number of spaces to be provided shall not exceed
twenty percent (20%) of the sum of the number required for each use served unless a
conditional use is approved by the City Council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
.
Section 8-4-5 COMMERCIAL
Offices, business and professional
Offices, medical and dental
1 per 250 sq. ft. of gross floor area
1 per 200 sq. ft. of gross floor area
C. DISCUSSION:
.
The mechanical units are proposed to be pad-mounted and located between the buildings. The
landscape plan indicates that one (1) Crimson Pygmy Barberry shrub is proposed to be planted
on the north and south sides of each of the mechanical units. It is staffs opinion that one
Crimson Pygmy Barberry shrub planted on each side of the mechanical units is inadequate and
will not screen the mechanical units from view. The applicant should be required to provide a
revised landscape plan showing dense evergreen plantings surrounding the pad-mounted
mechanical units so as to screen the mechanical units from view year-round. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
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.
Board prior to issuance of a building permit.
Per the approved landscape plan for the Rocky Mountain Business Park, street trees are to be
spaced 35-feet on center along the interior streets of the subdivision. There are several street
trees abutting this site located between the meandering sidewalk and the back of curb along East
Iron Eagle Drive and South Fitness Place. These street trees have not been identified on the
landscape plan. The applicant should be required to provide a revised landscape plan showing
all existing street trees along East Iron Eagle Drive and South Fitness Place. If the street trees
are not located a minimum of 35-feet on center then the applicant should be required to provide
additional trees to meet the required spacing. The revised landscape plan should be reviewed
and approved by staff prior to issuance of a building permit.
.
A plan showing construction fencing around the existing trees (a minimum of 10- feet from the
trunk of the tree or at the drip line of the tree whichever is closest) to prevent any damage within
the drip line of the trees should be submitted to the City. The construction fencing should be
installed prior to issuance of a building permit. No activity whatsoever should take place within
the drip line of the trees.
The landscape plan shows a 4-foot wide planter on the east and west sides of the trash enclosure
planted with Crimson Pygmy Barberry shrubs around the base. Per Eagle City Code, the
applicant is required to conceal outdoor trash receptacles with a five foot (5') wide by six foot
(6') high landscape buffer. The applicant should be required to provide a revised landscape plan
showing a five foot (5') wide by six foot (6') high landscape buffer around the trash enclosure.
The revised landscape plan should be reviewed and approved by staff prior to issuance of a
building permit.
The applicant has proposed landscaping between the parking lot and the public right of way.
However, it is staffs opinion that the landscaping proposed between the parking that abuts
buildings 2 and 3 and South Fitness Place is inadequate, will not shield the view of parked cars
from passing motorists and pedestrians, and does not comply with Eagle City Code Section 8-
2A- 7(K)(2). The landscape strip is required to be extensively landscaped when a parking lot is
located adjacent to a public right of way. The applicant should be required to provide a revised
landscape plan showing additional landscaping between the parking that abuts buildings 2 and 3
and South Fitness Place to shield the view of parked cars from passing motorists and pedestrians.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to issuance of a building permit.
The applicant has not shown any site or parking lot lighting. The applicant should be required to
provide a site and parking lot lighting plan showing location, height, and wattage. The site and
parking lot lighting plan should be reviewed and approved by the Design Review Board prior to
issuance of any building permits.
The applicant is proposing B,885-square feet of office building on this site. There has been no
indication by the applicant what type of offices (i.e. medical, dental, business, professional) that
are going to occur on this site. Per Eagle City Code, business and professional offices are
required to provide I-parking space per 250-square feet of gross floor area; medical and dental
offices are required to provide I-parking space per 200-square feet of gross floor area. If the
proposed office space were to be used as business and professional offices the applicant would
be required to provide 56-parking spaces. If the proposed office space were to be used as
medical and dental offices the applicant would be required to provide 70-parking spaces. This
proposed development has 42-parking spaces proposed on this site with an additional 26-parking
spaces to be located on the property to the west of this site for a total of 68-parking spaces. The
development should be limited to a total of B,485-square feet of medical/dental office use in
.
.
.
.
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.
order to meet the required 68-parking spaces.
Twenty-six (26)-parking spaces are proposed to be located on the Rocky Mountain Fitness
Center property located abutting the west property line of this site (separate lot). The area in
which these twenty-six (26)-parking spaces are proposed to be located is undeveloped. The
applicant has indicated that a shared parking and access agreement with the Rocky Mountain
Fitness Center has been entered into for the required parking that the applicant is proposing on
the Fitness Center property. A joint parking and cross access agreement has not been received
by the City. If this parking area is to be considered for the required parking for this site then a
joint parking agreement should be required. The applicant should be required to enter into a
joint parking agreement (as required by Eagle City Code Section 8-4-4-3) between the City and
the owner of the parking lot. The joint parking and cross access agreement should be reviewed
and approved by the City Attorney and should be recorded prior to issuance of a building permit.
The applicant is proposing to use a shared access driveway with the development to the north to
access East Iron Eagle Drive. The applicant should be required to provide a recorded cross
access agreement between this property and the property to the north. The recorded cross access
agreement should be reviewed and approved by staff and the City Engineer prior to issuance of a
building permit.
Staff defers comment regarding building design and colors to the Design Review Board.
.
.
STAFF RECOMMENDATION PROVIDED WITIDN 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 March 14,2002, at
which time testimony was taken and the public hearing was closed. The Board continued the item to
April 25, 2002, and made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor ofthis proposal was presented to the Design Review Board by one individual
that liked the smaller office buildings (not including the applicant).
BOARD DECISION:
The Board voted 5 to 0 (Howard absent) to approve DR-13-02 for a design review application to
construct four medical/professional office buildings 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 plan showing dense plantings surrounding the pad-mounted mechanical
units so as to screen the mechanical units from view year-round. The revised landscape plan shall be
reviewed and approved by staff and eRe member of the Desiga Review Beard prior to issuance of a
building permit.
2. Provide a revised landscape plan showing all existing street trees along East Iron Eagle Drive and
South Fitness Place (particularly in relation to the new driveway for this development). If the street
trees are not located a minimum of 35-feet on center then the applicant shall be required to provide
additional trees to meet the required spacing. The revised landscape plan shall be reviewed and
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approved by staff prior to issuance of a building permit.
3. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk
of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing shall be installed prior to
issuance of a building permit. No activity whatsoever shall take place within the drip line of the
trees.
4. Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer
around the trash enclosure. The revised landscape plan shall be reviewed and approved by staff prior
to issuance of a building permit.
5. Provide a revised landscape plan showing additional landscaping between the parking area that abuts
buildings 2 and 3 and South Fitness Place to shield the view of parked cars from passing motorists
and pedestrians. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a building permit.
6. Provide one additional historic li~ht fixture to be located within the parkin~ area on the west side of
buildin~s 1 and 4 and one additional historic li~ht fixture to be located within the parkin~ area that
runs north/south located between the four buildin~s. The applicant shall be required to provide
adequate ni~ht security li~htin~ between the common areas ofbuildin~s 1 and 4 and buildin~s 2 and
LProvide a site and parking lot lighting plan showing location, height, and wattage. The site and
parking lot lighting plan shall be reviewed and approved by .smf[the Design Reyiew Board prior to
issuance of any building permits.
7. The development shall be limited to a total of B,485-square feet of medical/dental office use in
order to meet the required 68-parking spaces. A revised site and landscape plan shall be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
8. Provide a joint parking agreement in accordance with Eagle City Code Section 8-4-4-3 for this site
for use of the parking lot located abutting the west property line. The joint parking agreement shall
be reviewed and approved by the City Attorney and shall be recorded prior to issuance of a building
permit.
9. Provide a recorded cross access agreement between this property and the property to the north. The
recorded cross access agreement shall be reviewed and approved by staff and the City Engineer prior
to issuance of a building permit.
10. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
11. Provide all buildin~ materials and colors that are pro,posed to be used on all four bui1din~s within this
development. The bui1din~ materials and colors shall be reviewed and approved by staff and one
member of the Desi~ Review Board prior to issuance of a bui1din~ permit.
12. No rooftop mechanical eqJ,lipment is proposed on the surface of the roof. The applicant shall be
required to show all roof top vents on the construction plans. All roof top vents shall be painted to
match the color of the roof and shall be reviewed and approved by staff prior to 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
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Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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
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installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
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 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.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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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
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 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.
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.
26. Any modification of the approved desi~ review plans. includin~, but not limited to buildin~ desi¡p1.
location and details. landscapin~. parkin~. and circulation. must be ap¡Jroved prior to construction!
installation of such chan~es. Failure to do so may result in the requirement to modify the project to
comply with the a1>proved desi jpl review and/or result in the inability to issue a final approval for
occupancy of this prQject.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 7, 2002.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on February 27,2002. 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 February 22, 2002. Requests for agencies' reviews were
transmitted on February 11,2002 in accordance with the requirements ofthe Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-13-02) 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.
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DATED this 9th day of May 2002.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada C unty, Id
ATTEST:
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