Findings - DR - 2003 - DR-27-03 - Construct A 5,741'Bank Facility/4 Drive Up Service Lane In Eagle River Development
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A BANK
FACILITY WITH DRIVE UP SERVICE FOR
WESTMARK CREDIT UNION
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-27-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 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:
Westmark Credit Union, represented by Newell Goldsberry with Sundberg and Associates, Inc., is
requesting design review approval to construct a 5,741-square foot bank facility (credit union)
with four drive up service lanes within Eagle River Development. The site is located on the
northeast comer of East Eagle River Drive and Eagle Road at 54 East Eagle River Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 5, 2003.
C. NOTICE OF HEARING:
Requests for agencies' reviews were transmitted on June 10, 2003 in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development
agreement (including a concept plan) for this site.
On April 24, 200l, the Eagle City Council approved a preliminary plat, Mixed Use Subdivision
No.1 (PP-14-00) for this site.
On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision No.1 (FP-
13-01) forthis site.
On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat,
Mixed Use Subdivision No.4 (PP/FP-4-02) for this site.
On June 10, 2003, the Eagle City Council approved a conditional use permit for a credit union
with associated four drive up service lanes (CU-02-03).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
Proposed No Change No Change Credit Union with four
drive up service lanes
North of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
South of site Commercial C-3-DA (Highway Business Wendy's fast food
District with Development restaurant with one drive-
Agreement) thru service lane
East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
West of site Public I Semi-Public & C-1 (Neighborhood Business Eagle Road & North
Commercial District) Channel Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The parcel is currently vacant with landscape borders on the west and south boundaries (improved
with the construction of the Eagle River Development).
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.82-acres (35,719-square feet) 0.O3-acres (1 ,300-square feet)
(minimum)
Percentage of Site Devoted to 16% (approximately) 92% - (maximum - or as may be
Building Coverage limited by ECC requirements)
Percentage of Site Devoted to 24% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 28-spaces, with sufficient queue 28-spaces, plus queue space for
space for four cars per drive up four cars per drive up window
window (minimum)
Front Setback 64-feet (south) O-feet minimum
Rear Setback 7-feet (north) O-feet minimum
Side Setback 56-feet (west) O-feet minimum
Side Setback 42-feet (east) O-feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building is to be constructed for the operation of a credit union with four (4) drive up service
lanes, three (3) with teller service and one (1) for an ATM.
Height and Number of Stories of Proposed Buildings:
A single story building, 25-feet in height as measured from the average ground level adjacent to
the foundation to the peak of the roof, is to be constructed.
Gross Floor Area of Proposed Buildings: 5,741-square feet
On and Off-Site Circulation:
The parking lot is served by one 30-foot wide shared driveway access on the north side of East
Eagle River Drive, with additional access provided through reciprocal ingress-egress easements
among the adjacent lots (currently unimproved). Traveling west, four (4) drive up service lanes
located on the north side of the building will be accessed from the east end of the parking lot,
merging into a two-lane drive along the western and southern sides of the building and returning to
the parking lot.
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K. BUILDING DESIGN FEATURES:
Roof: Concrete roof tiles (Brown)
Walls: Brick (Red), Plaster (Beige), Cultured Stone (Brown Tones)
WindowsIDoors: Anodized Aluminum (Dark Bronze)
FascialTrim: Anodized Aluminum (Dark Bronze)
Other: Anodized Aluminum Gutters and Downspouts (Dark Bronze)
Wood Beams and Fascia (Brown Stain/Paint)
Plaster Soffits (Beige)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are six (6) existing trees on this site
(located within the previously installed landscape boarders) that the applicant will retain.
Tree Replacement Calculations: NtA
Proposed Tree Mix (Species & Number): Reviewed and approved by the Design Review Board.
Street Trees: The street trees along East Eagle River Drive were installed by the developer of
Eagle River Development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: Nt A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been proposed around the northern and eastern
perimeters of the parking lot because this site will be integrated with the
surrounding parcels to share common access drive aisles. Continuous landscaping
will be installed on the southern and western perimeters of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required. 8% will be installed.
M. TRASH ENCLOSURES:
One 72-square foot trash enclosure will be located near the southeast corner of the site
approximately 40-feet west of the driveway on East Eagle River Drive. The enclosure will be
constructed of CMU block with a stucco finish and metal gates painted to match the building.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units to be located on the west side of the
building and screened by landscaping.
O. OUTDOOR LIGHTING:
The applicant states within the justification letter date stamped by the City on June 5, 2003, that
exterior building lighting will consist of fluorescent or high pressure sodium but metal halide
luminaries are preferred. To date, a site plan and parking lot lighting plan has not been received
by the City. A site and parking lot light plan showing location, height, style, luminarie, and
wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of
any building permits.
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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 A V AIl.ABLE:
A preliminary approval letter from Eagle Fire Department has 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 - Yes - Boise River Floodplain
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes - the site is located within the 1O0-year and 500-year floodplain
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):
An environmental assessment plan was provided to and reviewed by the City Engineer for the
Eagle River Development (a copy is on file with the City Engineer). In addition, because this site
was included within the calculations for the Flood Plain Development Permit (FPDP-5-00) for the
Eagle River Development, this development will not alter previously approved development plans.
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
W. LETTERS FROM THE PUBLIC: Letter from Charles Carlise, managing partner of Eagle River LLC,
dated May 9,2003 (attached).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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.
The Comprehensive Plan Land Use Map designates this site as Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
Section 8-2A-6(A)(6)(g)(3)
.
Roof-mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ARTICLE III - CONDITIONS ON DEVELOPMENT
1.2.7 Parking Lot Screening
To reduce the visual impact of row upon row of parked cars and the glare of headlights
at night, screen parking lots from view along borders with public streets. The creation
of high walls however, should be avoided because of potential security and safety
problems. Maximum screen height is to be three feet or as described in the City of
Eagle Code 8.2A.7. This enables people to see out and be seen from the street and
cars.
. Parking lot screens may be made of all plant material or a combination of low
walls or earth berms and supplementary plant material.
. The plant material in all-plant walls should be of such a type and number to
reach a height of three and a half (3 1/2) feet within three years and to be
approximately 75% opaque year round.
. Designs for wall screens shall include some low foundation plant material to
visually soften the wall. Walls may be constructed of wood, masonry, or
concrete. Walls shall be generally sight-obscuring.
. A minimum height of 42 inches is recommended (to hide shiny car bumpers,
metal grilles and headlights) with a maximum height of four (4) feet to permit
visual surveillance to and from the street.
D. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Provide a sign and striping plan that delineates a traffic circulation pattern to mitigate potential
vehicle conflicts between vehicles exiting the drive up lanes and entering the south bound two-way
access on the western side of the credit union building. Details shall be submitted for review and
approval by the Design Review Board prior to the issuance of any building permits for the site.
The applicant shall install measures to minimize the decibel level of the outdoor intercom system
.
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and its effects on adjacent properties (sound not to be audible at more than one-hundred feet from
source). Details shall be submitted for review and approval by the Design Review Board prior to
the issuance of any building permits.
Upon submittal for a Design Review application for this site, the applicant will be required to
provide a revised landscape plan which shows three-inch (3") caliper (minimum) trees on the site,
pursuant to Eagle City Code Section 8-2A-7 (E) (4).
E. DISCUSSION:
.
.
With the review of an application that includes the use of a drive up service, consideration should
be given to surrounding uses and roadways due to noise and headlight glare created by the vehicles
accessing the site. It may be considered that because commercial uses exist or are proposed to be
constructed surrounding this site, there will be little impact on the adjacent properties and uses.
However, consideration should be given to passing vehicles and pedestrians on Eagle Road
abutting the western boundary of this property. Because the drive up service lanes are proposed to
travel from east to west and then south around the building, headlights from the vehicles using the
drive up service have the potential to shine directly into north bound traffic on Eagle Road. The
applicant has submitted a conceptual landscape plan (date stamped by the City on February 13,
2003) showing a forty-two inch (42") high wall and plant material along the western side of the
parcel (adjacent to Eagle Road) and perpendicular to vehicle headlights utilizing the drive up
lanes. This currently planned wall and landscaping would appear to provide adequate screening
for the drive up service lanes facing Eagle Road.
.
An existing subdivision identification sign and landscaping (albeit not presently at mature growth)
on the northeast comer of Eagle Road and Eagle River Drive may be considered as adequate for
the purpose of screening vehicle headlights as vehicles travel south from the drive up lanes, and
facing north bound traffic on Eagle Road. Staff will defer to the Design Review Board to
determine if any additional screening measures should be required for the drive up lane.
This site is accessed by a driveway which is located near the southeast corner of this site. This
driveway is proposed to be a shared access driveway with the parcels to the east and north
providing access to East Eagle River Drive. The applicant has indicated that a portion of the
parking lot located on Lot 4, Block 3, Mixed Use Subdivision No.4, will be constructed with the
construction of this site to provide access to East Eagle River Drive. To date, a site plan showing
these improvements has not been submitted to the City for review. The applicant should be
required to work with the developer to complete all the asphalt, landscape islands, and drainage for
all of Lots 3 and 4, Block 3, to provide a consistent pavement area. A plan showing all areas
(except for the building pads) with asphalt, landscape islands, and drainage should be reviewed
and approved by staff prior to the City accepting a building permit for this site.
.
Per the master sign plan for the entire Eagle River Development, this site is required to share a
monument sign, one to be located on Eagle Road, one to be located on State Highway 44, and on
to be located on East Riverside Drive, with the pad site to the north of this site (Lot 4, Block 3,
Mixed Use Subdivision No.4) and the pad site to the east of Lot 4, Block 3 (Lot 1, Block 3,
Mixed Use Subdivision No. 1). The applicant should be required to work with the property owner
to the north and east to coordinate the monument signs that will be shared by all three of these sites
(Lots 3 and 4, Block 3, Mixed Use Subdivision No.4 and Lot 1, Block 3, Mixed Use Subdivision
No. 1).
.
The applicant has not proposed continuous landscaping around the northern and eastern perimeters
of the parking lot because this site will be integrated with the surrounding parcels to share
common access drive aisles. Per Eagle City Code, a minimum five foot (5') wide perimeter
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landscaped strip is required between the property lines and the parking lot and should be planted
with a minimum of one (1) shade tree and five (5) shrubs per thirty-five (35) linear feet of
perimeter. It is staff s opinion that because this site will be integrated with the surrounding
properties, providing cross access between parcels, and because the landscape buffer requirements
of Eagle City Code and the design guidelines of Eagle River Development require extensive
landscaping to buffer the parking lot from the public right-of-way, the applicant should not be
required to provide a perimeter landscape strip on the north and east property lines.
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 July 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/representative).
BOARD DECISION:
The Board voted 6 to 0 (Bowen absent) to approve DR-27-03 for a design review application to
construct a bank facility with four drive up service lanes for Westmark Credit Union 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:
1. Provide detailed cut sheets of all proposed lighting on the exterior of this facility showing style,
wattage, location, and luminarie to be used. Metal halide light fIXtures are prohibited within the Eagle
River Development. Provide a revised site plan and building elevation plans showing the height and
location of where the light fixtures are to be located. The detailed cut sheets, site plan, and revised
building elevation plans shall be reviewed and approved by staff prior to the City accepting a building
permit for this site.
2. Work with the developer to complete all the asphalt, landscape islands, and drainage for all of Lots 3
and 4, Block 3, to provide a consistent pavement area. A plan showing all areas (except for the
building pads) with asphalt, landscape islands, and drainage shall be reviewed and approved by staff
prior to the City accepting a building permit for this site.
3. Provide a sign and striping plan that delineates a traffic circulation pattern to mitigate potential vehicle
conflicts between vehicles exiting the drive up lanes and entering the south bound two-way access on
the western side of the credit union building. Details shall be submitted for review and approval by the
Design Review Board prior to the City accepting a building permit for this site.
4. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and
its effects on adjacent properties (sound not to be audible at more than one-hundred feet from source).
Details shall be submitted for review and approval by the Design Review Board prior to the issuance
of any building permits.
5. This site is allowed one monument sign to be located on Eagle Road, State Highway 44, and Riverside
Drive to be shared with the parcels to the north (Lot 4, Block 3, Mixed Use Subdivision No.4) and the
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pad site to the east of Lot 4, Block 3, Mixed Use Subdivision No.4 (Lot 1, Block 3, Mixed Use
Subdivision No.1). The applicant shall be required to work with the property owner to the north and
east to coordinate the installation of a monument sign that will be shared by all three sites (Lot 4,
Block 3, Mixed Use Subdivision No.4 and Lot 1, Block 3, Mixed Use Subdivision No. 1)
6. No signs are proposed with this application. A separate design review application is required for the
approval of any signs for this building. The design review sign application shall be reviewed and
approved by the Design Review Board prior to the City accepting a building permit for this site.
7. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Provide a cross section showing the 42-inch screen wall proposed to be located on the west property
line to be a minimum of 42-inches in height as measured from the center line of the drive up service
lanes to the top of the wall. The cross section shall be reviewed and approved by staff prior to the City
accepting a building permit for this site.
10. Provide a revised landscape plan showing the planter bed along the west side of the drive aisle located
on the west side of the bank facility increased in length with additional plant material so as to connect
to the planter bed located surrounding the Eagle River Development entry sign located in the
southwest comer of this site. The revised landscape plan 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.
l1. Comply with any applicable conditions of CU-02-03.
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 flfSt.
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
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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
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 l,OOO gallons per minute for one and two family dwellings,
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1,500 gallons per minute for dwellings having a rue 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 rust.
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 Council or Eagle City PathwaylGreenbelt 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.
l4. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
PathwaylGreenbelt 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 rust.
l6. 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 rust.
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 rust.
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.
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.
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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 June 5, 2003.
2. Requests for agencies' reviews were transmitted on June 10, 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-27-03) 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, the
Eagle Comprehensive Plan, and Eagle River Development.
DATED this 24th day of July 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ric R. McCullough, Chairman (:
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K:\P1anning DeptlEagle Applic.tions\Dr\2003\DR-27-03 drf.doc