Findings - DR - 2003 - DR-08-03 - Construct 3 Multi-Tenant Commercial/Office/Retail Buildings Totaling 26,000-Sq Ft/
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT THREE
MUL TI- TENANT COMMERCIAL/OFFICE/RET AIL
BUILDINGS FOR EAGLE GROUP LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-O8-03
The above-entitled design review application came before the Eagle Design Review Board for their
action on March 13, 2003. 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:
Eagle Group LLC, represented by Mark Butler with Land Consultants Inc., is requesting design
review approval to construct three multi-tenant commercial/office/retail buildings totaling
26,000-square feet. The site is located at the north side of East State Street approximately 190-
feet west of Stierman Way at 430 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 6, 2003.
C. NOTICE OF HEARING:
Requests for agencies' reviews were transmitted on February 18, 2003, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND trSE
DESIGNATION DESIGNA nON
Existing Central Business District CBD (Central Business Vacant
District)
Proposed No Change No Change Multi-tenant office/retail
buildings
North of site Residential Four R-4 (Residential) Residential
South of site Central Business District CBD (Central Business State Street/Napa Auto
District) Parts
East of site Central Business District CBD (Central Business Medical Office Buildings
District)
West of site Central Business District CBD (Central Business Residential
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an open ditch located along the north property line
of this site. '
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 97,876-square feet (2.24-acres) 500-square feet (O.Ol-acres)
Percentage of Site Devoted to 26% (approximately) 20% (minimum)
Building Coverage 92% (maximum)
Percentage of Site Devoted to 42% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 102-parking spaces 112-parking spaces (minimum)*
Front Setback 17-feet (south) ** 10-feet (minimum)
25-feet (maximum)
Rear Setback a-feet (north) (measured from the a-feet (minimum)
future right-of-way line) **
Side Setback 10-feet (west) ** O-feet (minimum)
10-feet (maximum)
Side Setback 10-feet (east) ** O-feet (minimum)
10-feet (maximum)
* Note: Parking requirements based on 8,000-square feet of medical/dental office and 18,000-square
feet of professional/business office, retail, and commercial.
** Note: The above noted setback distances were calculated from the perimeter property line
boundary of the entire lot (from property line to closest building).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Three commercial buildings to be used for office and
retail/commercial
Height and Number of Stories of Proposed Buildings: 35-feet in height, one story,
Gross Floor Area of Proposed Buildings:
Building One = 9,360-square feet
Building Two = 8,640-square feet
Building Three = 8,000-square feet
Total = 26,000-square feet
On and Off-Site Circulation:
A 30,481-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 south side of this site approximately
22-feet west of the east property line providing access to East State Street. The applicant is
proposing two cross access driveways, one to the property to the east and one to the property to
the west.
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K. BUILDING DESIGN FEATURES:
Roof: Mat Board (Charcoal Concrete Tiva)
Walls: Stucco (Sandy Hook Gray), Stone wainscot
Windows/Doors: Vinyl windows (Almond) with Copley Gray trim, Wood doors (Copley Gray)
Fascia/Trim: EFIS (Copley Gray)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is one l2-inch tree located near the
west property line of this site. The applicant is proposing to remove this tree.
Tree Replacement Calculations: The applicant is required to provide 12-inches of tree
replacement on site.
Proposed Tree Mix (Species & Number): The applicant is required to provide street trees
staggered on the north and south side of the eight foot (8') wide meandering sidewalk spaced
thirty five feet (35') on center.
Street Trees: The applicant is proposing three Northwood Maple trees spaced 60-feet on center
along State Street. Per Eagle City Code the applicant is required to provide street trees spaced
35-feet on center along State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: NI A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required. 13% is proposed.
M. TRASH ENCLOSURES:
One 240-square foot trash enclosure is proposed to be located along the east side of the site
approximately 135-feet north of the driveway on East State Street. The enclosure is proposed to
be constructed ofCMU walls with stucco finish to match the color of the buildings. The gates
are proposed to be constructed of corrugated metal with a metal frame all painted to match the
color of the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with screen walls that match the architecture of the
buildings.
O. OUTDOOR LIGHTING:
No building lighting has been proposed with this application. The applicant is proposing two (2)
two hundred and fifty (250) watt metal halide light fixtures on a twenty five (25') foot high pole.
Per Eagle City Code, the maximum height of any light pole fixture is twenty feet (20') for
parking lots with less than two hundred (200) parking spaces. Metal halide light fixtures are
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required to be specifically approved by the Design Review Board.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of a master sign plan for this building. The master sign plan shall be reviewed and
approved prior to the City accepting a building permit for this site.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from the Eagle Fire Department and 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 - Drainage District No.2 drain ditch
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
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
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Central Business District,
Chapter 8 - Transportation
.
8.6 Implementation Strategies"
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for
intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
r.
Encourage planning of local roadway systems which will provide for intra-
neighborhood connectivity. The connecting roadways should be designed to not
become collectors and to discourage traffic from cutting through neighborhoods to
go from a collector or arterial to another collector or arterial. Such intra-
neighborhood connectivity is for emergency and delivery vehicles and for local
intra-neighborhood access.
.
The Transportation/Pathway Network Map # 2 of 2 shows the extension of a proposed road
right-of-way through this site connecting Idaho Street to Stierman Way.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Section 8-2A-6(C)(2)(d)
Orientation: Shall be designed so that at least seventy percent (70%) of the budding's ground
level, street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
.
Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a "storefront" 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.
Section 8-2A- 7(M)
.
In all required applications one street tree, selected from the approved tree list in subsection
Q ofthis 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 8-4-4-3(A)(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 ifthe 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
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the city council.
Section 8-4-4-2(A)(5)
Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
Section 8-4-4-2(A)(6)
.
Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
Section 8-4-4-2(A)(7)
.
Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of 320 watts.
b. The light fixture shall be no higher than seventeen feet (17').
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
C. DISCUSSION:
.
The applicant has indicated that approximately eight thousand (8,000) square feet of this
development will be used as medical/dental offices and eighteen thousand (18,000) square feet
will be used as professional office or retail businesses. To understand the parking requirements
for this proposal the following analysis is provided.
Per Eagle City Code Section 8-4-5, one parking space per two hundred (200) square feet of gross
building floor area is required for medical/dental offices and one parking space per two hundred
and fifty (250) square feet of gross building floor area is required for professional offices and
retail businesses. Based upon these code requirements and the proposed uses and their
respective square footages, this site will need one hundred and twelve (112) parking spaces to
serve the needs of the patrons that are expected to visit the site.
As evidenced on the site plan and as noted within the application, the applicant is proposing to
construct one hundred and two (102) parking spaces and, in accordance with Eagle CIty Code
Section 8-4-4-3 (A)(7), is requesting a nine percent (9%) parking reduction to accommodate the
area needed for the future extension ofIdaho Street to Stierman Way. As a practical matter,
when this section of Idaho Street is constructed in the future, it is expected that the on-street
parking adjacent to this site will be sufficient to make-up the ten (10) space parking deficiency,
As a rule, on-street parking is normally not credited toward the minimum parking requirement
for a development. However, after reviewing the surrounding land uses (particularly those to the
north), it is apparent that in this case, the on-street parking on this segment of Idaho Street will
be utilized primarily by patrons of this development. Therefore, even though the on-street
parking spaces will not technically be credited toward this development, the City could
determine that, as a practical matter, the parking proposed with this application (102-spaces) plus
the added future on-street parking on Idaho Street will be adequate to serve the parking needs of
the area. Based upon this and recognizing the applicant's willingness to preserve the area for the
future right-of-way for the Idaho Street extension, the Zoning Administrator has determined that
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.
a nine percent (9%) parking reduction should be considered for the entire site as shown on the
site and landscape plans date stamped by the City on February 27,2003.
The applicant is proposing to construct a plaza area on the south side of building number 3 that is
approximately sixty seven feet (67') wide, Per Eagle City Code, the applicant is requIred to
design the building so that at least seventy percent (70%) of the building's ground level, street
facing façade is constructed to abut and be oriented to a public sidewalk or plaza. The applicant
should be required to provide a revised site and landscape plan showing building number 3
designed to abut a plaza area that is a minimum of ninety two feet (92') wide, The revised site
and landscape plan should be reviewed and approved by staff and one member of the Design
Review Board member prior to the City accepting a building permit for this site.
.
The applicant is proposing to construct building number 3 with approximately four hundred and
thirty (430) square feet of glass on the south elevation (State Street frontage) which is twenty
seven percent (27%). Per Eagle City Code, all buildings are required to include a "storefront" on
the ground floor consisting of a minimum of fifty percent (50%) glass. The applicant should be
required to provide revised building elevations showing the south elevation (State Street
frontage) of building number 3 having a minimum of fifty percent (50%) glass (804-square feet).
The revised building elevation shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City accepting a building permit for this site.
Staff defers comment regarding building design and colors to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on March 13.2003. at whIch
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant).
BOARD DECISION:
The Board voted 6 to 0 (Barnes absent) to approve DR-08-03 for a design review application to
construct three multi-tenant commercial/office/retail 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. A nine percent (9%) parking reduction (for a total of 102-parking spaces) is permitted for the entire
site as shown on the site and landscape plans date stamped by the City on February 27,2003.
2. The applicant agrees to donate the land shown on the attached plan, date stamped by the City on
February 27, 2003, for the future extensIOn of Idaho Street which consists of a 42-foot wide stnp
along the north boundary line of the site. Documentation necessary for the transfer of ownership of
this segment of land to the City shall be determined between the applicant and the City Council and
shall be finalized prior to the issuance of a building permit for the site.
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3. The Alternate Method of Compliance application date stamped by the City on March 13. 2003.
requesting a reduction in the plaza area required on the south side of building number 3 is approved.
Provide a revised site and landseape plan sho'Ning building number 3 designed to abut a plaza area
that is a minimum ofIÜnety two feet (92') '.vide. The revised site and landscape plan shall be
re'/iewed and appro'/ed by staff and one member of the Design Review Board member prior to the
City aeeepting a building permit for this site.
4. The buildin~ number 3 elevation plan date stamped by the City on February 26. 2003. is approved.
Provide revised building elevations showing the south elevation (State Street frontage) of building
number 3 having a minimum of fifty pereent (50%) glass (801 square feet). The re'.'ised bHilding
elevation shall be reyie'l.'ed and appro'/ed by staff and one member of the Design Review Board prior
to the City aeeepting a building permit for this site.
5. Provide a revised landscape plan showing the street trees staggered on the north and the south side of
the eight foot (8') wide meandering sidewalk spaced thirty five feet (35') on center, Th~ revIsed
landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit
for this site,
6. Provide cross-access agreements allowing the sites to the east and west to access beh",een this site
and the properties to the east and '.vest. The cross access agreements shall be reviewed and approved
by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the
City accepting a building permit for this site.
7. Provide a copy of a license agreement from the Ada County Highway District allowing any
improvements to be constructed or placed within the right-of-way of State Street. The license
agreement shall be submitted to the City prior to the City accepting a building permit for this site.
8. Provide a revised landscape plan showing pedestrian amenities (i.e.: trash receptacles, water
fountain, seating/benches, picnic tables, public art, etc.) within the plaza areas located within this
development. The applicant shall be required to provide detailed cut sheets of the proposed
pedestrian amenities. The revised landscape plan and detailed cut sheets shall be reviewed and
approved by staff prior to the City accepting a building permit for this site.
9. Provide a revised landscape plan showing a bike rack within one ofthe plaza areas of building
number 1. The applicant shall be required to provide detailed cut sheets of the bike racks to be used
within this development. The revised landscape plan and detailed cut sheets shall be reviewed and
approved by staff prior to the City accepting a building permit for this site.
10. Provide a revised cut sheet of the light pole fixture showing the overall height of the fixture does not
exceed twenty feet (20') in height (including the concrete base) and that the type of lumina ire to be
used in the light fixture does not exceed two hundred and fifty (250) watt high pressure sodium. The
revised cut sheet shall be reviewed and approved by staff prior to the City accepting a building
permit for this site.
11. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
12. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer (i.e.: drainage).
13. No signs are proposed with this application. A separate design review application is required for the
approval of a master sign pIan for this building. The master sign plan shall be reviewed and
approved by the Design Review Board prior to the City accepting a building permit for this site.
14. Provide a revised landscape plan showing all plant material indicated on the landscape plan within
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the plant schedule. The revised landscape plan shall identify the location and species of plant
material existinl: on the site to the east (125 North Stierman Way). The revised landscape plan shall
be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City
acceptinl: a buildinl: permit for this site.
15. Provide a revised landscape plan indicating the plaza areas and/or sidewalks that are proposed to be
stamped concrete. The style of stamped concrete and colors to be used shall be reviewed and
approved by staff and one member ofthe Design Review Board prior to the City accepting a building
permit for this site.
16. Provide a revised landscape plan showing the four foot (4') wide sidewalk that connects the eight
foot (8') wide meandering sidewalk along State Street to the plaza area on the south side of building
number 3 increased to a minimum of six feet (6') in width. The revised landscape plan shall be
reviewed and approved by staff and one member of the Desi~ Review Board prior to the City
acceptin~ a building permit for this site.
17. Provide a revised landscape plan showing a solid hardscape sidewalk leadinl: from the entry doors on
the south elevation of building number 3 to the plaza area. The revised landscape plan shall be
reviewed and approved by staff and one member of the Desi~ Review Board prior to the City
accepting a building permit for this site.
18. Provide a sample of the cultured stone proposed to be used on the wainscoting and columns of all
three of the buildings. The stone sample shall be reviewed and approved by staff and one member of
the Design Review Board prior to the City accepting a building permit for this site.
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.
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
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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
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.
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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.
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 prim: 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.
23. 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
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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.
24. 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 February 6, 2003.
2. Requests for agencies' reviews were transmitted on February 18, 2003 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-08-03) 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.
4. The Board recognizes that the plaza area proposed on the south side of building number 3 is
approximately fifty one percent (51%) (instead of the required seventy percent (70%» of the
building's ground level, street facing façade that is required to be constructed to abut and be oriented
to a public sidewalk or plaza area. The Board accepts the. alternate method of compliance, date
stamped by the City on March 13, 2003, because of the large breeze way that abuts the plaza along
the south side of building number 3 and the extensive use of plaza area within the entire
development.
5. The Board accepts the south elevation of building number 3 which shows approximately four
hundred and twenty eight (428) square feet of glass with one hundred and seventy six (176) square
feet of breeze way. The Board recognizes that a total of fifty percent (50%) glass is required on the
south elevation of building number 3 but accepts the thirty four percent (34%) that is proposed with
the combination of glass and the breeze way. The Board determined that the amount of glass that is
proposed on all four elevations of the building provides the storefront that the City is looking for in
the transitional development area and the large breeze way that is proposed down the center of the
building gives the illusion of a large window looking into the entire development.
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DATED this 27th day of March 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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KIPlanning DeptlEagle ApplicationsIDrI2003IDR-08-03 drfdoc