Findings - DR - 2003 - DR-10-03 - Change Of Use From Residential To Commercial/Convert 640' Into Ice Cream Shoppe
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW FOR A CHANGE OF USE)
FROM A RESIDENCE TO COMMERCIAL )
FOR THE STATE STREET ICE CREAM SHOPPE )
FOR JOHN AND CHRISTINE MC LAUGHLIN)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-IO-O3
The above-entitled design review application came before the Eagle Design Review Board for their
action on April 10, 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:
John and Christine McLaughlin, represented by James Gipson with James Gipson Associates, is
requesting design review approval for a change of use from residential to commercial to convert
a 640-square foot residence into a commercial building for State Street Ice Cream Shoppe. The
site is located at the south side of East State Street approximately 100-feet west of 2nd Street at
257 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 6, 2003.
C. NOTICE TO AGENCIES:
Requests for agencies' reviews were transmitted on March 11, 2003, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-l 1-03 (Monument sign application)
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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 (Central Business Vacant Residence
District)
Proposed No Change No Change Commercial-Ice cream
store
North of site Central Business District CBD (Central Business Lettuce Leaf restaurant
District)
South of site Central Business District Residential (R-12) Apartments
East of site Central Business District CBD (Central Business Vacant Residence
District)
West of site Central Business District CBD (Central Business Doug's Burger Den
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located withIn the TDA (TransitIOnal
Development Area).
H, EXISTING SITE CHARACTERISTICS: A 640-square foot residence and a 141-square foot storage
shed are located upon the site. The applicant will retain both buildings. There is one forty eight
inch (48") tree located near the southwest corner of the site that is to be retained. There is an
eight foot (8') wide sidewalk along State Street with one historic light fixture located at the
northwest corner of the site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.16-acres (6,993-square feet) 0.0 I-acres (500-square feet)
(mmimum)
Percentage of Site Devoted to 11 % (approximately) 20% (minimum)
Building Coverage 92% (maximum)
Percentage of Site Devoted to 24% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 4-parking spaces 4-parking spaces (minimum)*
Front Setback 24-feet (north) lO-feet (minimum)
25-feet (maximum)
Rear Setback 126-feet (south) O-feet (minimum)
Side Setback 10-feet (east) O-feet (minimum)
10-feet (maximum)
Side Setback II-feet (west) a-feet (minimum)
10-feet (maximum)
* Note: Parking requirement figured at one parking space per 200-square feet of gross floor area.
The use of this business will not be intense enough to fall within the requirement of a restaurant that
requires one parking space per ISO-square feet of gross floor area.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two existing buildings; the residence is to be used as an
ice cream shop and the shed is proposed to be used as a storage building.
Height and Number of Stories of Proposed Buildings: 21 Y2-feet in height, one story.
Gross Floor Area of Proposed Buildings:
Ice cream shop = 640-square feet
Storage shed = 141-square feet
On and Off-Site Circulation:
A 4,550-square foot (approx.) paved parking lot provides parking for vehicles using this site.
The parking lot for this site is located at the southeast corner of the site and is accessed from the
sixteen foot (16') wide alley abutting this sites southern property line and provides access to 2nd
Street.
K. BUILDING DESIGN FEATURES:
Roof: Fiberglass shingles (green)
Walls: Metal siding (pale yellow), shingles on the gable ends (brown)
Windows/Doors: Vinyl frame (white)
Fascia/Trim: Wood/vinyl (white)
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Other: Shutters and trim
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is one existing tree located near the
southwest corner of the site that the applicant is to protect and retain.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There are no existing street trees along State Street abutting this site. The applicant
is to install a flowering plum tree within the planter located on this site on the south side of the
eight foot (8') wide sidewalk.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
A twelve foot (12') landscape area is proposed on the west side of the parking
area. No perimeter landscaping has been proposed between the parking lot and
the east property line because the applicant is to retain the forty eight inch (48")
caliper tree that is located within the twelve foot (12') wide landscape area.
b. Interior Landscaping: 0% interior landscaping is required. 0% is proposed.
M. TRASH ENCLOSURES:
One 48-square foot trash enclosure is proposed to be located along the east side of the site near
the northeast corner of the parking lot. The enclosure is to be constructed of a six foot (6') high
decorative wood fence with gates to match.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
will be screened by a six foot (6') high decorative wood fence.
O. OUTDOOR LIGHTING:
Outdoor lighting is required. A specific site and parking lot light plan showing location, height,
and wattage is required and will be provided for the Zoning Administrator's review and approval
prior to the City accepting a building permit for this site.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
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received to date. Approval of the water company having jurisdiction is 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-no
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
Central District Health
Chevron Pipe Line Company
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Central Business District.
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
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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(A)(5)(a)
Electrical and telephone service systems shall be installed underground
.
Section 8-2A-6(A)(6)(e)(4)
Prohibitions: In addition to the metal siding prohibition listed in subsection 8-2A-
6(A)(6)(e)(3) of this section, metal siding shall be prohibited in the DDA, TDA, CEDA
design review overlay district areas;
.
Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a 'Istorefront" 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-6(C)(3)(a)
Front building setbacks from the property line shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
.
Section 8-2A-6(C)(3 )(b)
Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet
(10') maximum where ties to adjoining structures are not desirable.
.
Section 8- 2A -6( C)(3)( f)
Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%)
and a maximum of eighty five percent (85%) in which case off site parking shall be provided
for. The minimum lot coverage requirement may be reduced by the council for the purpose
of providing adequate on site parking in accordance with provisions of this title for structures
that include residential uses on floors other than the ground floor.
.
Section 8-2A-6(C)(5)
Landscaping And Streetscape: All landscaping shall comply with the landscape guidelines
contained in the design review guidelines booklet as set forth in section 8-2A-12 of this
article. Applicant shall provide urban streetscape treatment with ten foot (10') wide
sidewalks, with curbs and gutters and bulb-outs at all intersections excluding Eagle Road.
Streetscape improvements will include: street trees, pedestrian lighting, and furnishings, A
modified streetscape may be approved where appropriate by utilizing eight foot (8') wide
sidewalks plus a ten foot (10') wide park strip with street trees, pedestrian lights and lawn.
Furnishings shall be used sparingly in the public right of way in this district and may include
benches, planters, and waste receptacles, located primarily at intersections. Private
development is encouraged to provide additional furnishings within the required setbacks.
C. DISCUSSION:
.
Per Eagle City Code, the building setback from the side property line is required to be a
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minimum of zero feet (0') so as to tie into adjoining structures or ten feet (10') maximum. The
existing building is located eleven feet (11 ') from the west property line.
Per Eagle City Code, the lot coverage by the footprint of the structure is required to be a
minimum of forty percent (20%). The existing structure covers approximately eleven percent
(11 %).
Per Eagle City Code, all buildings shall include a IIstorefront'l on the ground floor consisting of a
minimum of fifty percent (50%) glass. The proposed glass on the front (north) of this building is
twenty one percent (21 %).
Per Eagle City Code, the applicant is required to provide an urban streetscape with ten foot (10')
to fifteen foot (15') wide sidewalks. The existing sidewalk located in front of this site abutting
East State Street is eight feet (8') wide.
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 or all requirements found in this code, jf the City Council
determines a particular site to be of historical significance. The location of this building is
nestled in an area that may be considered unique due to the proximity to the downtown and to
Heritage Park located less than two hundred feet (200') to the southwest. The City Council
determined, on similar applications, that the Design Review Ordinance regarding setbacks 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 requirements. Per past action of the City Council,
setbacks for existing structures have been waived in order to maintain the distinctive look of the
downtown of Eagle.
.
The applicant has indicated within the application that metal siding is to be used on the exterior
of the building. Per Eagle City Code, metal siding within the Downtown Development Area is
prohibited. The applicant should be required to provide revised elevation plans indicating the
material to be used for the siding of this building. The revised building elevations should 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.
The landscape plan shows the parking for this site abutting the east property line of this site with
no landscape buffer. Per Eagle City Code, a minimum five foot (5') wide by six foot (6') high
landscape buffer is required when a parking lot abuts a residential activity. The applicant has
submitted an alternative method of compliance application requesting that the minimum five foot
(5') wide by six foot (6') high landscape buffer required on the east property line between the
parking area and the property to the east be waived based upon the retention of the forty eight
inch (48") caliper tree located near the west property line of this site. In the applicant's effort to
retain the forty eight inch (48") caliper tree, the parking lot was shifted to the east to provide a
greater distance between the impervious parking lot and the trunk of the tree. Also, the property
to the east is currently vacant and has not been used as a residence for a period of time greater
than one year. The Design Review Board should determine if the minimum five foot (5') wide
by six foot (6') high landscape buffer may be waived in order to maintain a greater distance of
impervious surface from the trunk of the forty eight inch (48") caliper tree.
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
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report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on April 10, 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 4 to 0 (Bowen, Floegel, McCullough absent) to approve DR-I 0-03 for a design
review application to change the use from residential to commercial for the State Street Ice
Cream Shoppe with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Provide revised elevation plans indicating the material to be used for the siding of this building.l!illl
the shed (other than metal siding). The revised building and shed elevations 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.
2. Provide a revised landscape plan showing the eastern parking space designed to be a minimum of
nine feet (9') wide. The revised landscape plan shall be reviewed and approved by staff prior to the
City accepting a building permit for this site.
3. All electrical and telephone service lines shall be installed underground. The utility poles and
overhead power and phone lines shall be removed and installed underground prior to issuance of a
certificate of occupancy for this building.
4. Work with the property owner to the west to remove the chainlink fence with slats and to replace it
with a fence in compliance with Eagle City Code. The type of fence to be used 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.
5. Provide detailed elevation plans showing the style, color, and materials to be used in the construction
of the trash enclosure. The detailed elevation plans 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.
6. Provide a bike rack on this site. The details showing the style, color, size, and location 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.
7. All roof vents protruding through the roof and similar features shall be painted to match the color of
the roof. The applicant shall be required to paint all roof vents and similar features protruding
through the roof a color to match the color of the roof.
8. A plan showing construction fencing around the existing tree (a minimum of 10-feet from the trunk
of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip
line of the tree 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 the tree in order to
retain water and the tree shall be watered on a regular basis. No construction activity whatsoever
shall take place within the drip line of the tree.
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9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
10. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
11. No signs are proposed with this application. A separate design review application (DR-I 1-03) has
been submitted for approval of a monument sign for this site.
12. Provide a revised landscape plan showin~ additional plantings on both sides of the four foot (4')
wide sidewalk located on the west side of the building. The revised landscape plan shall be reviewed
and approved by staff and one member of the Design Review Board prior to the City acceptinji a
buildin~ permit for this site.
13. Provide a revised color board showing actual color samples to be used on the sidin~. trim. and roof.
The revised color board 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 buildin~ elevation showin~ the windows on the north elevation (State Street)
increased to obtain a minimum of 25% glass. (It is not the intent to require 50% glass on the north
elevation but to maintain the historic character of this building and introduce more ~lass to this
facility). The revised building elevation shall be reviewed and approved by the Design Review
Board prior to the City acceptin~ a buildin~ permit for this site.
15. Provide a revised site plan showing the alley with an additional five feet (5') of asphalt the full width
of sixteen feet (16') on the east property line to provide adequate turn around area for vehicles usin~
this site. The revised site plan shall be reviewed and approved by staff prior to the City acceptin~ a
building permit for this site.
16. The three foot (3') hi~h picket fence proposed around the plaza area shall not be allowed to continue
along the south side of the sidewalk abuttin~ State Street.
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 ofthe 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 ITom 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 ITom the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter ITom the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
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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
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
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first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and
1,500 gallons per minute for non-residential uses (i.e,; Commercial, Industrial. Schools, etc,).
Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be
verified in writing by the Eagle Fire Department prior to issuance of any building permits or
certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs
first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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 priQr to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
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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
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 March 6, 2003.
2. Requests for agencies' reviews were transmitted on March 11, 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-I0-03) 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. 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 is of historical significance to the City of Eagle and recommends a reduction of the required
glass on the front (north) elevation of this building, the required lot coverage, and the required
setbacks.
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DATED this 24th day of April 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~
Eric R. McCullough, Vice-Chairman
ATTEST:
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Sharon K. Moore, Eagle City lerk
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Page 13 of 13
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