Findings - DR - 2002 - DR-28-02 - Convert A Residence Into A Multi Tenant Commercial / Retail Building At 123 Aikens Rd
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONVERT A RESIDENCE
INTO A MULTI-TENANT COMMERCIAL/RETAIL
BUILDING FOR ROSIE HUBBARD
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-28-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on May 16, 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:
Rosie Hubbard, represented by James Gipson with James Gipson Associates, is requesting design
review approval to convert a 1,375-square foot residence into a multi-tenant commercial/retail
building. The site is located on the south side of Aikens Road approximately 360-feet east of Eagle
Road at 123 Aikens Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 4, 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 April 24, 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 April 19, 2002. Requests for agencies' reviews were
transmitted on April 10, 2002 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 17,2000, the Eagle City Council approved a rezone application for this site from R-
4 (Residential) to CBD-DA (Central Business District with development agreement) (RZ-5-00).
On January 8, 2002, the development agreement for this site was execited.
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 Central Business District CBD-DA (Central Business Vacant Building
District with development
agreement)
Proposed No Change No Change CommerciallRetail
North of site Central Business District R-4 (Residential) Two- family residential
South of site Central Business District CBD (Central Business Drain Ditch/Eagle Plaza
District) Shopping Center
East of site Central Business District R-4 (Residential) Two-family residential
West of site Central Business District CBD (Central Business Restaurant
District)
G.
DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 1,375-square foot vacant building
(previous residential home) located on this site. There are four existing trees on this site; one
tree is proposed to be retained.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.37-acres (16, 1 57-square feet) O.Ol-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 8% 40% (minimum)
Building Coverage 95% (maximum)
Percentage of Site Devoted to 51 % (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 12-parking spaces 6-parking spaces (minimum)
Front Setback 17-feet 10-feet (maximum)
Rear Setback 77-feet O-feet(rninirnurn)
Side Setback 19-feet (west) O-feet
Side Setback 51-feet (east) O-feet
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: There is one existing building to be converted from a
residence into a barber shop and offices.
Height and Number of Stories of Proposed Buildings: 20 Yz-feet high, one story.
Gross Floor Area of Proposed Buildings: 1,375-square feet.
On and Off-Site Circulation:
A 6,575-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 north side of this site approximately
22-feet west of the east property line providing access to Aikens Road. A 30-foot wide drive
aisle is proposed to be located on the west side of this site approximately 78-feet south of the
north property line providing cross access to the property to the west.
K. BUILDING DESIGN FEATURES:
Roof: Metal (Brown)
Walls: Lap siding and shingle siding (Tan)
Windows/Doors: Vinyl Windows (White) and Wood Doors
Fascia/Trim: Masonite (Brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are four existing trees on this site.
The applicant is proposing to remove three of the existing trees and retain the l6-inch pine tree
located near the southeast corner of the proposed parking lot. There are many existing trees
along the Eagle Drain which are proposed to be retained.
Tree Replacement Calculations:
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant has indicated on Sheet 2 of the submitted plans that four (4) street
trees with grates are to be installed along Aikens Road. However, on the same sheet there is
another landscape plan showing three (3) streets are to be installed along Aikens Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed on the east side of the parking lot. No
perimeter landscaping has been proposed on the south side of the parking lot. A
pedestrian pathway with landscaping is proposed abutting the west side of the
parking lot.
b. Interior Landscaping: 0% interior landscaping is required. 7% is proposed.
M. TRASH ENCLOSURES:
One 60-square foot trash enclosure is proposed to be located near the southeast corner of the site
approximately 90-feet south of the driveway on Aikens Road. The application indicates that the
enclosure is to be constructed of masonry block with painted metal gates. However, Sheet 4 date
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stamped by the City on April 11, 2002, indicates the trash enclosure walls to have shingle siding
with metal gates with solid wood infill panels.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be located near the southeast corner of the building. The
applicant is proposing to remove the existing ground mounted mechanical unit located on the
north side of the building. The new ground mounted mechanical units are proposed to be
installed at the base of this building and screened with a 3' 6" screen wall constructed of similar
materials to match the building.
O. OUTDOOR LIGHTING:
No site or parking lot lights have been proposed with this application. 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:
The applicant has indicated a sign on the site plan to be located near the 10-foot wide pedestrian
pathway. An elevation of the sign is shown on Sheet 3 of the submitted plans. However, 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 - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes - Eagle Drain
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water Company
W. LETTERS FROM THE PUBLIC:
A letter from Linda Jarsky (Certified Arborist), dated April 22, 2002.
STAFF ANALYSIS PROVIDE 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-3
If any provision of this Chapter is found to be in conflict with any other provision of any
zoning, building, fire safety or health ordinance or other provision of this Code, the provision
which establishes the higher and/or more restrictive design standard shall prevail. However,
in order to foster rehabilitation of older districts and comply with unforeseen future needs of
the overlay districts, the City Council may, at their discretion, suspend or relax some or all
requirements found in this code, if the City Council determines a particular site, setting, or
use to be of historical significance.
.
Section 8-2A-6(B)(2)(d)
Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground
level, street-facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
.
Section 8-2A-6(B)(2)(f)
Facade: All buildings shall include a "store-front" on the ground floor consisting of a
minimum of fifty percent (50%) glass. Floors above the main floor shall have a minimum of
twenty five percent (25%) glass. The front of any building is the facade that fronts upon any
street.
.
Section 8-2A-6(B)(3)(a)
Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum often feet (10') or fifteen feet (15') at the corners.
.
Section 8-2A-6(B)(3)(a)
Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
.
Section 8-2A-6(B)(3)(f)
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Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and
a maximum of ninety five percent (95%) in which case off-site parking shall be provided for.
The lot coverage requirement may be waived if development of the lot as a parking lot is
reviewed by the Design Review ConÍmittee and is approved by the Planning and Zoning
Commission.
.
Section 8-2A-7(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the City. Where trees are approved by the City to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree
1 inch to 6 inches cal.
61/4 inches to 12 inches
121/4 inches or more
Replacement
2x cal. of tree removed
1.5x cal. of tree removed
Ix cal. of tree removed
.
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(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(J)(2)(b)
.
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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(J)(3)(a)
.
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and groundcover in which evergreen plant materials comprise a minimum of
sixty percent (60%) ofthe total plant material used.
Section 8-2A- 7(J)(3)(a)
.
Height requirements shall be accomplished with plant material with a fence or decorative
wall.
Section 8-2A- 7(M)
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Street Trees:
1. In all required applications 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 right- of-
way frontage. In all cases, any planting within public rights of way shall be with
approval from the public and/or private entities owning the property.
.
Section 8-2A- 7(P)
Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves
more than a simple arrangement of plants with irrigation; plants are not haphazardly placed
in a way that fills up leftover space. Landscape plans should reflect a theme so that site
elements are artfully and technically organized in a way that conveys meaning, coherence,
and spatial organization. Landscaping should enhance the physical environment as well as
the project's aesthetic character. Therefore, landscape plans to be submitted for approval
shall be prepared by a landscape architect, landscape designer, qualified nurseryman, or
someone knowledgeable in the field of landscape design.
.
Section 8-4-4-2(A)(1)
Any parking area which is intended to be used during nondaylight hours shall be illuminated.
.
Section 8-4-4-2(A)(2)
Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
C. DISCUSSION:
.
Per Eagle City Code, a building's ground level shall be designed so that at least seventy percent
(70%) of the street-facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
Per Eagle City Code, all buildings within the DDA are required to include a "store-front" on the
ground floor consisting of a minimum of fifty percent (50%) glass. The applicant has proposed
twenty percent (20%) of the front of the building to be glass.
Per Eagle City Code, the front building setback from the north property line (Aikens Road) is
required to be a minimum of zero feet (0') to a maximum often feet (10'). The existing front
setback is seventeen feet (17').
Per Eagle City Code, the side building setbacks from the property line are required to be zero
feet (0') so as to tie into adjoining structures. The existing side setback to the west is nineteen
feet (19') and the side setback to the east is fifty one feet (51 ').
Per Eagle City Code, the lot coverage by the footprint of the structure is required to be a
minimum of forty percent (40%). The existing structure covers approximately nine percent
(8%).
Per Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay district, the City Council may, at their
discretion, suspend or relax some of all requirements found in this code, if the City Council
determines a particular site to be of historical significance. The location of this building is
nestled in an area that maybe considered unique due to the proximity to the Eagle Drain and
adjacent to the pedestrian pathway and bridge that will cross the Eagle Drain providing
reciprocal pedestrian traffic from the south side of the drain to the north side of the drain. The
City Council determined, on similar applications, that the Design Review Ordinance regarding
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.
setbacks and lot coverage was to apply to new structures and additions, and that it was not the
intent of the City to require existing structures to be rebuilt to meet the setback and lot coverage
requirements. Per past action of the City Council, setbacks and lot coverage for existing
structures has been waived in order to maintain the distinctive look of the downtown of Eagle.
The Design Review Board should determine if the required lot coverage and setbacks should be
required with the conversion of this structure from a residence to a multi-tenant building. It is
staff s opinion that the applicant should be required to provide a plaza area in front of the
existing structure and that the applicant should be required to provide 50% glass on the street-
facing façade per Eagle City Code. The applicant should be required to provide a revised site
and landscape plan showing a plaza area abutting 70% of the street-facing façade. The revised
site and landscape plan should be reviewed and approved by the Design Review Board prior to
issuance of a building permit. The applicant should be required to provide a revised building
elevation of the north (front) elevation showing the building having a minimum of 50% glass.
The revised building elevation of the north should be reviewed and approved by the Design
Review Board prior to issuance of a building permit.
The applicant is proposing to remove an eight foot (8') tall Arborvitae, an eight inch (8") juniper,
and a ten foot (10') tall Lilac. Per Eagle City Code, the applicant is required to replace twelve
(12") inches of tree caliper on site. The applicant should be required to provide a revised
landscape plan showing twelve (12") inches of replacement caliper on site. 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.
A plan showing construction fencing around the existing tree (a minimum of lO-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 ofthe trees should be submitted to the City. The construction fencing should be
installed prior to issuance of a building permit. A cup or a dam should be built within the drip
line of each tree in order to retain water and the tree should be water on a regular basis. No
construction activity whatsoever should take place within the drip line of the tree.
The applicant has shown two landscape plans on one sheet. Staff is unsure of which plan is to be
implemented. Per Eagle City Code, a landscape plan prepared by a landscape architect,
landscape designer, qualified nurseryman, or someone knowledgeable in the field of landscape
design are required to be submitted for approval. The applicant should be required to provide a
revised landscape plan designed by an individual knowledgeable in the profession of landscape
design. The revised landscape plan should be reviewed and approved by the Design Review
Board prior to issuance of a building permit.
.
.
The revised landscape plan should show all deciduous trees are a minimum of three inch (3")
caliper and all evergreen trees are a minimum of six feet to seven feet (6' - 7') tall.
The revised landscape plan should show a five foot (5') wide landscape strip between the
parking lot and the residential activity to the east. The landscape strip should be comprised of,
but not limited to, a mix of evergreen and deciduous trees, shrubs, and groundcover in which
evergreen plant materials comprise a minimum of sixty percent (60%) of the total plant material
used. The height requirement should be accomplished with plant material with a fence or
decorative wall.
The revised landscape plan should conceal the trash enclosure from the residential activity to the
east and the public right of way with a five foot (5') wide by six foot (6') high landscape buffer.
The revised landscape plan should show the street trees along Aikens Road planted every thirty
five (35) linear feet of right of way.
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.
The revised landscape plan should be reviewed and approved by the Design Review Board prior
to issuance of a building permit.
The applicant has shown three historic lights on Aikens Road abutting this site. Two of the
proposed historic lights are spaced approximately 22-feet apart from each other. Per Eagle City
Code, historic light fixtures are required to be spaced 50-feet to 75-feet on center. The applicant
should be required to provide a revised site plan showing three historic light fixtures located on
Aikens Road abutting this site spaced approximately 75-feet on center. The applicant should be
required to provide details of the historic light fixtures to be installed showing the type, wattage,
and the luminaries to be used. The revised site plan and lighting details should be reviewed and
approved by staff prior to issuance of a building permit.
.
Other than the historic lights proposed on Aikens Road abutting this site, no site or building
lighting has been proposed with this application. The applicant should be required to provide
building lighting to provide illumination of this site during nondaylight hours. The applicant
should be required to provide details of any light fixtures to be installed on the building showing
the type, wattage, and the luminaries to be used. The lighting detail should be reviewed and
approved by the Zoning Administrator prior to issuance of a building permit.
The application indicates that a new metal roof is to be installed on this building, however, the
elevations state that the existing shingle roof is to remain. The applicant should be required to
clarify the material to be used on the roof. The roof material should be reviewed and approved
by the Design Review Board prior to issuance of a building permit.
The foot print of the ramp and columns on the west side of the building do not match the ramp
and columns as noted on the west building elevation. The applicant should be required to
provide a revised site plan or building elevation showing the correct orientation of the ramp and
columns proposed on the west elevation of the building. The revised site plan or building
elevations should be reviewed and approved by staff prior to issuance of a building permit.
The application indicates that the enclosure is to be constructed of masonry block with painted
metal gates. However, Sheet 4 date stamped by the City on April 11, 2002, indicates the trash
enclosure walls to have shingle siding with metal gates with solid wood infill panels. The
applicant should be required to specify the materials to be used in the construction of the trash
enclosure. The materials should be reviewed and approved by staff and one member of the
Design Review Board prior to issuance of a building permit.
The City of Eagle is currently in the process of constructing a pedestrian pathway abutting this
site and a pedestrian bridge to cross the Eagle Drain from this area to the Eagle Plaza Shopping
Center located on the south side of the Eagle Drain. The contract for the construction of the
pathway consists of installing a straight 13-foot wide asphalt pathway within the 13-foot wide
easement and the placement of the pedestrian bridge over the Eagle Drain. It is not the intent of
the City to have a straight 13-foot wide asphalt pathway in this location. However, at the time
the City created the contract for the construction of the pathway and the pedestrian bridge, the
City was unaware that the applicant would be proposing to convert the existing building into a
multi-tenant building. It is the City's intent to have the pathway meander within the 13-foot
wide easement and have landscaping and bollard lights along both sides of the meandering
pathway. The City has been in contact with the representative regarding said landscaping,
bollard lighting, extruded curb, and saw cutting the asphalt pathway to provide a meandering
pathway. The applicant has shown this proposed pathway on the submitted plans, however, on
each of the plans the configuration of the pathway is different. The applicant has indicated some
landscape improvements to be installed along the meandering pathway. The applicant should be
required to work with City staff to provide irrigation and power to this pedestrian easement
.
.
.
.
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located on the west property line of this site. The applicant should be required to provide a
revised site and landscape plan showing the meandering pathway within the allocated easement
abutting this site. The construction of extruded curb and saw cutting of the pathway should be
coordinated with City staff. The completion of irrigation, power, extruded curb, saw cutting the
pathway, and landscaping should be completed prior to the City issuing and Certificate of
Occupancy.
The applicant is proposing to provide a 30-foot wide drive aisle on the west property line located
approximately 78-fee south of the north property line. This drive aisle will provide cross access
between the two properties and reduce the possibility of a second driveway to this site. The
applicant should be required to provide a recorded cross access agreement between this property
and the property to the west (79 Aikens Road). The recorded cross access agreement should be
reviewed and approved by staff prior to issuance of a building permit.
The site plan shows the location of a monument sign to be located near the pedestrian pathway
and elevation plan shows the elevation of a monument sign. A separate sign application was not
received with this design review application. This building is being converted into a multi-tenant
building, therefore a master sign plan is required prior to any signs being installed on this site.
The applicant should be required to provide a separate design review master sign plan sign
application for this building. No signs are approved with this application.
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 May 16, 2002, 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 4 to 0 (McCullough and Howard absent) to approve DR-28-02 for a design
review application to convert a residence into a multi-tenant commercial/retail 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 site and landscape plan showing a plaza area abutting 70% of the street-facing
façade. The revised site and landscape plan shall be reviewed and approved by the Design Review
Board prior to issuance of a building permit.
2. Provide a revised building elevation of the north (front) elevation showing the western sin~le door
with additional side li~ht windows on each side of the door to provide a weater percenta~e of ~lass
to be in compliance with Ea~le City Code. the building àa'¡Îilg a minimum of 50% glass. The
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revised building elevation of the north shall be reviewed and approved by mf[the Design Re'¡iew
Beafè prior to issuance of a building permit.
3. Provide a revised landscape plan showing twelve (12") inches of replacement caliper on site. 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.
4. A plan showing construction fencing around the existing tree (a minimum of lO-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. A cup or a dam shall be built within the drip line of each tree in order
to retain water and the tree shall be water on a regular basis. No construction activity whatsoever
shall take place within the drip line of the tree.
5. The revised landsc~e plan date stamped by the City on May 16. 2002. shall be the ~proved
landscape plan with the followin~ exceptions: 1) Re.,place the Vine M~le tree as proposed with a
Ginalla Maple tree. and 2) Provide additionallandscapin~ around the trash enclosure includin~ the
use of the existin~ Austrian Pine tree to provide screenin~ of the enclosure per Ea~le City Code.
Provide a revised landscape plan showin~ the above mentioned exceptions designed by aR indiyidHal
kRe',yleàgeaèle in the prefessien ef landsGatJe design. The revised landscape plan shall be reviewed
and approved by mf[the Design Review Board prior to issuance of a building permit.
6. Provide a revised landscape plan shall showing all deciduous trees are a minimum of three inch (3")
caliper and all evergreen trees are a minimum of six feet to seven feet (6' - 7') tall. The revised
landscape plan shall be reviewed and approved by mffthe Design Re'¡iew Beard prior to issuance of
a building permit.
7. Provide a revised landscape plan showing a five foot (5') wide landscape strip between the parking
lot and the residential activity to the east. The landscape strip shall be comprised of, but not limited
to, a mix of evergreen and deciduous trees, shrubs, and groundcover in which evergreen plant
materials comprise a minimum of sixty percent (60%) of the total plant material used. The height
requirement shall be accomplished with plant material with a fence or decorative wall. The revised
landscape plan shall be reviewed and approved by staff the Design Reyie\y Beard prior to issuance of
a building permit.
&-. Pt-e'1ide a re'1Ïsed laRàsGatJe plaR sRe',viRg the trash enølosW"e is øonøealed from the residential
aøtivity te the east and the pHblie right of way \':ith a five feet (5') ,..:ide by six feet (á') high
landsøape buffer. The revised landsGatJe plaR shall Be reviewed aRd atJpreved by the DesigFl Reyiew
Beard prier 1e issuanee of a building permit.
9-. Previàe a re'¡ised laRdsGatJe plan showing the street trees alØÐg .\ik-ens Read planted every thirty five
(35) liRear feet of right of way. The revised laRàseatJe plaR shall be reviewed and approved by the
DesigFl R-twiew Board prier tø issHaflee ef a lnålding permit.
10. The revised landsc~e plan date stamped by the City on May 16.2002. shows the proposed historic
li~ht fixtures located on Aikens Road ~aced in com.,pliance with Ea~le City Code. Pre'1Ïàe a revised
site plaR she',ving three historic light fixtures leGated Øß Aikens Road abutting this site spaGed
approximately 75 feet en Genter. The applicant shall be required to provide details of the historic
light fixtures to be installed showing the type, wattage, and the luminaries to be used and the li~ht
fixture shall be revised to maintain a dark sky tolerant desi jpl. The revised site plan and lighting
details shall be reviewed and approved by staff prior to issuance of a building permit.
11. Provide minimal building lighting to provide illumination of this site during nondaylight hours. ~
applicant has provided an additional historic li~ht fixture within the landscape island located within
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the proposed parkin~ lot on the south side of the buildin~. The a¡>plicant shall be required to provide
details of any light fixtures to be installed on the building showing the type, wattage, and the
luminaries to be used. The lighting detail shall be reyie'.ved and apprøved by the ZøRiRg
.\dmmistrator prior to issuanee of a Ð\:lilding permit.
12. A metal roof with concealed fasteners is proposed to be used on the buildin~. The applicant shall be
required to select an alternate color which is to be reviewed and ap,proved by staff and one member
of the Desi jpl Review Board prior to issuance of a buildin~ permit. The applicant at their discretion
with the approval of staff and one member of the Desi jpl Review Board may re¡Jlace the metal roof
with a composite afiPhalt shin~le. The color of the composite afiPhalt shin~le shall be reviewed and
a¡>proved by staff and one member of the Desi~ Review Board prior to issuance of a buildin~
permit. The applieaflt shall be required to elmfy the material to be used on the roof. The roof
material shall be revie'Ned afld apprwled by the Desiga Revie':: Board priør to iss\:laflee øf a b\:lildiRg
permit.
+J.-.Provide a revised site plafl or b\:lildiRg elevatiøR showing the eorreet orientation of the ramp afld
eoll:HRI1s prøpøsed OR the 'Nest eleyation of the buildißg. The revised site plan or buildiRg ele'.<atieRs
shall 1:>e revie\ved afld apprøved 1:>y staff prior to issüanee of a building permit.
-l4-. The applieant shall be required to speeify the materials tø 1:>e \:lsed in the eønstruetion of the trash
eReløsl:H"e. The materials shall be re'/iewed and appro'/ed by staff afld eRe mel'ßt:Jer øf tAe Desiga
Revie'N Bøard prior to issl:1aRee øf a bl:1ilding permit.
15. Work with City staff to provide irrigation and power to this pedestrian easement located on the west
property line of this site. The applicant shall be required to provide a revised site and landscape plan
showing the meandering pathway within the allocated easement abutting this site. The construction
of extruded curb and saw cutting of the pathway shall be coordinated with City staff. The
completion of irrigation, power, extruded curb, saw cutting the pathway, and landscaping shall be
completed prior to the City issuing a Certificate of Occupancy.
16. Provide a recorded cross access agreement between this property and the property to the west (79
Aikens Road). The recorded cross access agreement shall be reviewed and approved by staff prior to
issuance of a building permit.
17. Provide a separate design review master sign plan application for signage on this building. No signs
are approved with this application.
18. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
19. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
20. Submit payment to the City for arborist fees incurred for reviewing this project prior to issuance of a
building permit.
21. Provide a revised site plan showin~ red stamped concrete alon~ the back ed~e of the pedestrian ramp
located at the northwest corner of this site to provide a continuous a¡>pearance of sidewalk between
this pro'perty and the pro¡Jerty to the west. The revised site plan 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
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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 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.
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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.
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 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
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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
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 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.
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).
25. 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.
26. 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 April 4, 2002.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on April 24, 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 April 19, 2002. Requests for agencies' reviews were transmitted
on April 10, 2002 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-28-02) 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
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Code and the Eagle Comprehensive Plan.
4. Regarding Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay district, the City Council may, at their discretion,
suspend or relax some or all requirements found in this code, if the City Council determines a
particular site, setting, or use to be of historical significance. The Board has determined that this
building has a unique configuration and recommends a reduction of the required glass on the front
(north) elevation of this building, the required lot coverage, and the required setbacks.
DATED this 13th day of June 2002.
DESIGN REVIEW BOARD
OF THE FEAGLE
A C
ATTEST:
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