Findings - DR - 2002 - DR-37-00 MOD - Modify Elevations Of The Qwest Communications Building And Fence Materials Along South Property Line
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO MODIFY THE ELEVATIONS)
OF THE QWEST COMMUNICATIONS BUILDING AND )
THE FENCE MATERIALS ALONG THE SOUTH )
PROPERTY LINE FOR QWEST COMMUNICATIONS)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-37-00 MOD
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:
Qwest Communications, represented by Bob Smith with Hutchinson Smith Architects, is
requesting design review approval to modify the elevations of the Qwest Communications
building (as shown on the submitted elevations) and to modify the construction material of the
fence along the south property line of this site adjacent to the alley. The site is located on the
southeast corner of Eagle Road and Idaho Street at 62 North Eagle Road.
B. HISTORY:
On October 24, 2000, the Eagle City Council approved the addition to the Qwest
Communications building (DR-37-00).
On December 13, 2001, City staff inspected the site for compliance with Eagle City Code and
the conditions of approval from DR-37-00. The constructed building elevations did not match
the building elevations submitted and approved with DR-37-00. There was a clock proposed on
the northwest elevation of the building that was omitted. The fence along the alley was
constructed as a six foot (6') high cedar fence, however, the approved material for the fence in
this location was wrought iron with brick columns.
On April 5, 2002, the applicant submitted a design review application requesting a modification
of the building elevations to be pennitted as constructed and to change the approved fence
material from wrought iron with brick columns to a vinyl fence.
C. DISCUSSION PROVIDED WITHIN THE STAFF REPORT:
. The applicant is proposing a six foot (6') high vinyl fence along the south property line of this
site. The approved plans for this site showed a six foot (6') wrought iron fence with brick
columns in this location. It is staffs opinion that the wrought iron fence with brick columns
would have been a nice addition to this area but agrees with the applicant representative
regarding the screening of the equipment located within this site. The six foot (6') high vinyl
fence will also be a nice addition to this area and will screen the equipment parked within this
site. The applicant has not indicated the color of the vinyl fence, therefore, staff recommends
that the color of the fence be tan in color. The applicant should be required to provide a tan
colored vinyl fence to be constructed on the southern property line of this site. The color of the
vinyl fence should be reviewed and approved by staff and the vinyl fence should be installed
Page 1 of 6
C: I WINDOWSlTEMPIDR-37-00MODdrf.doc
prior to issuance of certificate of occupancy for this building addition. The six foot (6') high
cedar fence on the south property line shall be removed prior to issuance of certificate of
occupancy for this building addition.
Staff defers comment regarding the modification to the northwest building elevation to the
Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 below.
BOARD DECISION:
The Board voted 4 to 0 (McCullough and Howard absent) to approve DR-37-00 MOD for a design
review application to modify the elevations of the Qwest Communication building and to modify the
construction materials of the fence along the south property line 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. The six foot hi~h existin~ wood fence located alon~ the south pro.,perty line shall be permitted to
remain. Provide a tan aøløred vinyl feRae tø be eoRstrueted øn the søl:!them prøf)erty line of this site.
The aolor of the 'fÍnyl fenee shøwà be reviewed and apf)røved by staff and the vinyl feRae shall be
installed prior to issl:lanae of eertifieate of øaau]'Janey f.of this building addition. The six feøt (~')
high aeàar f-Èmee on the south property line sl'lall be removed prior to issl:lanae øf eertifieate of
oeel:lf)anay fer this building aàditiøn.
2. Install a clock on the northwest elevation of the buildin~ as originally approved and shown within the
approved construction plans. The clock shall be installed prior to issuance of a certificate of
occupancy.
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 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.
Page 2 of 6
C: I WINDOWSlTEMPlDR-37-00MODdrf.doc
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.
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
Page 3 of 6
C: I WJNDOWSITEMPIDR-3 7 -OOMODdrf.doc
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building pennits 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 detennined 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 pennits 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 pennit 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 Council or 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 pennit 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 pennit 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 pennit 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 pennit
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 pennit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Unifonn 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.
Page 4 of 6
c: I WINDOWSlTEMPlDR-37 -OOMODdrfdoc
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 ¡IDQr 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 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).
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 hannless 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 5, 2002.
2. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-37-00 MOD) with regard to the Eagle City Code Section 8-2A- Article A. DR
Design Review Overlay District, and based upon the infonnation 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.
3. The Board recommended that the wood fence remain on the south property line rather than replacing
it with the tan vinyl fence as proposed with this modification. The reason for this recommendation
was because it was not the Boards perception that the vinyl fence reflected the historic architecture
that was created and constructed with the addition to this building. Also, the Board expressed that
wood fences begin to deteriorate and look shoddy due to consistent water hitting the fence by
sprinklers watering landscaping located abutting the fence. Since this fence would not be
consistently hit by the water from sprinklers the Board recommended that the wood fence remain.
Page 5 of 6
c: \ WINDOWS\ TEMPIDR-37 -OOMODdrfdoc
DATED this 13th day of June 2002.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co I ho
ATTEST:
Page 6 of 6
c: I WINDOWSlTEMPlDR-37 -OOMODdrf.doc