Findings - DR - 2003 - DR-41-03 - Construct A 3-Story Retail/Apartment/135 North 2Nd Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW TO CONSTRUCT A )
THREE STORY RETAIL/APARTMENT )
BUILDING FOR THE EDYTHE ROGERS TRUST)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-41-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 25, 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:
The Edythe Rogers Trust, represented by James Gipson with James Gipson Associates, is
requesting design review approval to construct an 8,678-square foot, three story retail/apartment
building, The site is located on the southeast corner of 2nd Street and Idaho Street at 135 North 2nd
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 1,2003.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 13, 2003, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-50-03 (master sign plan for La Strada Place)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Central Business District CBD (Central Business Paved parking
District)
Proposed No Change No Change Retail! Apartments
North of site Central Business District CBD (Central Business Single Family Residential
District)
South of site Central Business District CBD (Central Business Restaurant
District)
East of site Central Business District CBD (Central Business Single Family Residential
District)
West of site Central Business District CBD (Central Business Single Family Residential
District)
G.
DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: This site has been overlaid with asphalt and used as a
parking lot; there are no landscaping or roadway improvements abutting this site.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.16-acres (7,OOO-square feet) O.OI-acres (500-square feet-
minimum)
Percentage of Site Devoted to 41 % (approximately) 40% (minimum)
Building Coverage 95% (maximum)
Percentage of Site Devoted to 10% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces S-parking spaces 13-parking spaces (minimum)
Front Setback O-feet (east) O-feet (minimum)
10-feet (unaxiunuun)
Rear Setback lO-feet (west) O-feet (minimum)
Side Setback 60-feet (north) O-feet (maximum)
Side Setback 8-feet (south) O-feet (maximum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for three (3) apartment units and
two (2) retail spaces.
Height and Number of Stories of Proposed Buildings: Thirty nine feet (39') in height, three (3)
stories as measured from the top of the sidewalk proposed on 2nd Street.
Gross Floor Area of Proposed Buildings: 8,678-square feet total
2,880-square feet 1 st floor
3,149-square feet 2nd floor
2,649-square feet 3rd floor
On and Off-Site Circulation:
A 1,920-square foot (approx.) paved parking lot will provide parking for vehicles using this site.
One 22-foot wide driveway will be located on the east side of this site 33-feet south of Idaho Street
providing access to 2nd Street.
K. BUILDING DESIGN FEATURES:
Roof: Fiberglass architectural shingles (Mountain Timber)
Walls: Stone (1 st floor - Tan), Stucco (2nd and 3rd floors - Cappuccino)
Windows/Doors: Vinyl (White)
Fascia/Trim: Wood (Saddle)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): Reviewed and approved by the Design Review Board.
Street Trees: The applicant will install four (4) street trees (four (4) Flowering Pears) on 2nd Street
and one (1) street tree (one (1) Flowering Pear tree) on Idaho Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping will be installed around the perimeter of the parking lot.
b. Interior Landscaping: 0% interior landscaping is required. 0% will be installed.
M. TRASH ENCLOSURES:
One 40-square foot trash enclosure will be constructed near the southwest corner of the building
approximately lO-feet north of the alley and approximately 50-feet west of 2nd Street. The
enclosure will be constructed of stucco walls with metal gates, all of which will be painted to
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match the color of the building.
N. MECHANICAL UNITS:
The applicant will install ground mounted mechanical units. The ground mounted mechanical
units will be screened by a four foot (4') high stucco wall with metal gates, all of which will be
painted to match the color of the building.
O. OUTDOOR LIGHTING:
Two (2) historic light fixtures will be installed with this development, one (1) light fixture on 2nd
Street and the other light fixture on Idaho Street. The two (2) historic light fixtures are located
such that they will illuminate the parking lot for this development. Recessed light fixtures located
on the underside of the decks on this building will illuminate the sidewalk located on the west side
of the building and recessed light fixtures located within the soffit of the bay windows on the east
side of the building will illuminate the entrance to each of the retail tenant spaces.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-50-03) has
been submitted and 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 issuing a zoning certificate for this site.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
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
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC: None received to date.
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.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A-6(A)(7)(a)
All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a
maximum of thirty five feet (35'). Additional height may be permitted if a conditional use
permit is approved by the city council.
.
Section 8-2A-6(B)(2)(a)
Height: Height of buildings is restricted to one or two (2) stories, with a maximum height of
thirty five feet (35 ').
.
Section 8-2A-6(B)(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. The front of any building is the facade that fronts upon any street.
.
Section 8-2A-6(B)(2)(h)
Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4').
Exceptions may be permitted if another building entry design feature can meet the intent of
this requirement and is approved by the design review committee and the planning and zoning
commission.
.
Section 8-2A-6(B)(3)(b)
Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
.
Section 8-2A-6(B)(4)(a)
Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a
landscape buffer shall be provided between the parking lot and any street. Limited parking
potential in the DDA may allow for reduced parking ratios where there is access to public or
shared parking.
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.
Section 8-2A-7(B)(2)
Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments.
.
Section 8-2A-7(K)(2)(d)
Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete
along with a four foot (4') wide landscaped strip between the right of way and the parking lot,
and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing that the
overall planting design, at the time of planting, results in an effective barrier such that the
landscape strip shields the view of parked cars from passing pedestrians and motorists;
and
(B) Any such proposed design alternative is compatible with the overall site design of the
entire project and is compatible with the surrounding area.
.
Section 8-4-4-3(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 if the 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 the
city council.
.
Section 8-4-5
Apartments or multi-family dwellings
For each unit with 2 or more bedrooms - 2
including 1 covered; for each 1 bedroom or
studio unit - 1.5 including 1 covered. 0.25
spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a
local street may be credited toward the guest
parking requirement
Retail sales not listed under another
use classification
1 per 250 square feet of gross floor area
.
Section 8-4-4-5
Within the Central Business District, as defined by the City of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the City prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use, the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
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the City Council.
The City shall not provide more than twenty (20) spaces for any single use without the specific
approval of the City Council. When considering in lieu payments the city may set limitations
on the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the Central Business District, as defined by the City of Eagle comprehensive plan, and may be
for use by the general public.
C. DISCUSSION:
.
The applicant is proposing to construct a three (3) story retaiVapartment building with an overall
height of thirty nine feet (39') as measured from the sidewalk proposed on 2nd Street. Eagle City
Code limits buildings within the CBD to two (2) stories with a maximum height of thirty five feet
(35'). Presently, the City is reviewing a zoning ordinance amendment (ZOA-I-03) that proposes
to remove text within Eagle City Code that restricts buildings to two (2) stories (within the DDA
and TDA) and proposes to permit buildings within the DDA and TDA to be forty feet (40') in
height. The applicant should be required to comply with any applicable conditions of ZOA-I-03
regarding the height of this building.
If the portion of the zoning ordinance amendment which proposes to allow 3-story, 40-foot high
buildings within the DDA and TDA is not approved then the applicant should be required to
modify the height of this building and submit revised building elevations showing the building
height at a maximum of 35-feet.
The three (3) story retail/apartment building consists of 8,678-square foot retail/apartment
building. The fIrst floor, which consists of a 2,880-square foot space for retail uses and garages
for the apartment units. The second and third floors, which consist of 3, 149-square feet and
2,649-square feet respectively, will be used for three (3) residential apartment units.
The applicant is proposing 296-square feet of glass on the fIrst floor, 273-square feet of glass on
the second floor, and 134-square feet of glass on the third floor for a total of 703-square feet of
glass for the entire 2nd Street building frontage. Per Eagle City Code, the applicant is required to
provide a "storefront" on the ground floor consisting of a minimum of fifty percent (50%) glass
and any floors above the main floor are required to have a minimum of twenty five percent (25%)
glass. Per Eagle City Code, the applicant is required to provide 342-square feet of glass on the
first floor, 198-square feet of glass on the second floor, and 144-square feet of glass on the third
floor for a total of 684-square feet of glass for the entire 2nd Street building frontage. The amount
of glass proposed on the first and third floors does not meet the required amount of glass for each
of those floors respectively but the overall amount of glass proposed on the entire 2nd Street
building frontage exceeds the amount of glass required by 19-square feet. Based upon the fact that
the overall glass coverage exceeds the minimum required, combined with the proposed mix of uses
(not all retail uses, which would warrant additional glass), staff believes that the building has been
appropriately designed for its use and location.
The applicant is proposing to landscape the areas between the parking lot, Idaho Street, and 2nd
Street. Per Eagle City Code, a three foot (3') high fence of wood, brick, stone, or decorative block
or concrete, along with a four foot (4') wide landscape strip, is required between the right-of-way
and parking lot. The Design Review Board may waive the requirement for a wood, brick, stone,
decorative block or concrete fence if the Board fmds that the following conditions have been met:
1) The overall planting design, at the time of planting, results in an effective barrier such that the
.
.
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.
landscape strip shields the view of parked cars from passing pedestrians and motorist; and 2) Any
such proposed design alternative is compatible with the overall site design of the entire project and
is compatible with the surrounding area. Staff defers comment regarding the landscaping that is
proposed between the parking lot, Idaho Street, and 2nd Street to the Design Review Board.
Staff has calculated the total number of parking spaces required for this development as follows:
2-parking spaces (including one covered) for each unit with 2 or more bedrooms
multiplied by 3 apartments = 6-parking spaces (3 covered) for this site.
0.25-parking spaces per unit for guest parking multiplied by 3 apartments = 0.75-parking
spaces for this site, which may be located on the adjacent street.
I-parking space per 250-square feet of retail space (1,438-square feet) = 5.752-parking
spaces for this site.
Total parking spaces required = 12.5
The applicant is requesting a twenty percent (20%) parking space reduction for this site which
would reduce the overall required parking spaces to ten (10). The number of on-site parking
spaces required would be reduced to nine (9) because the one (1) required guest parking space
may be located on the adjacent street.
12.5-parking spaces multiplied by 20% = 2.5-parking spaces
12.5-parking spaces minus 2.5-parking spaces = lO-parking spaces (required for this site
with a 20% parking reduction)
10-parking spaces minus I-parking space = 9-parking spaces required on-site
The site plan shows eight (8) parking spaces to be constructed on-site, three (3) of which are to be
covered parking spaces specifically for the use of the residences. This leaves five (5) parking
spaces to be used by patrons, residents, and visitors. The applicant has indicated that a parking in
lieu payment would be submitted to the City for one (1) additional parking space. Therefore, with
an approved parking reduction, a parking in-lieu payment for one space, and eight (8) spaces on
site, the overall parking for this site is in compliance with Eagle City Code.
Regarding the parking reduction, it is the City of Eagle's desire to see the downtown area develop
in such a manner that will promote a pedestrian friendly environment. By encouraging
commercial and retail development combined with residential units to develop within the Central
Business District, one may conclude that a pedestrian friendly atmosphere could be achieved.
Eagle City Code does not specifically address "infill" projects but does encourage downtown
revitalization. This site has been overlaid with asphalt and used as a parking lot with no
landscaping or roadway improvements abutting the site. The site will be greatly improved with
this development which includes paving the alley, providing a streetscape abutting 2nd Street and
Idaho Street, and the installation of landscaping. In addition, the proposed commercial and retail
uses will complement the downtown and the residential uses located within the area by promoting
the area residences to walk through the downtown area. It is because of the proposed mixed uses
and the downtown revitalization that will occur with this development that the Zoning
Administrator has determined that a twenty percent (20%) parking reduction would be warranted
for this site. The applicant should be required to provide a parking in lieu payment to the City in
the amount of $5,700.00 for one (1) parking space. The parking in lieu payment should be
submitted to the City prior to the City issuing a zoning certificate for this site.
The applicant is proposing to construct this building sixty feet (60') south of the north property
line and eight feet (8') north of the south property line of this site. Eagle City Code requires side
.
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building setbacks to be zero feet (0') so as to tie into adjoining structures. In the pre-application
meeting between City staff and the applicant, the building was shown abutting the north property
line with the garage doors shown on the north building elevation with vehicles backing onto Idaho
Street. Staff suggested that the applicant meet with the Ada County Highway District to determine
whether the District would permit vehicles backing onto Idaho Street, and to determine the
location of the driveways on Idaho Street. The District does not permit vehicles backing onto the
public right-of-way but does permit vehicles backing into the public right-of-way of the alley.
This is reflected on the site plan date stamped by the City on September 4, 2003, showing the
building located eight feet (8') north of the south property line to provide a minimum distance of
twenty two feet (22') to allow for perpendicular parking adjacent to an alley.
In addition, it is staff s understanding that the applicant wishes to expand this building in the
future to abut the north property line of this site. For this building expansion to occur, the
applicant would need to acquire additional property within the vicinity of this site to provide
adequate parking for the current uses as well as the proposed uses. For the reasons stated within
the previous discussion bullet regarding the revitalization of the downtown area, staff recommends
that the building setbacks required within the DDA (Downtown Development Area) not be
implemented with this development to help promote growth and development within the
downtown area,
.
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 September 25, 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-41-03 for a design review application to
construct a three story retail/apartment building for the Edythe Rogers Trust with the following
staff recommended site specific conditions of approval and standard conditions of approval with
text shown with strike thru to be deleted by the Board and text shown with underline to be added
by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall be required to comply with any applicable conditions of ZOA-I-03 regarding the
height of this building. If the City does not approve the provision to allow forty foot (40') high
buildings in the DDA and TDA then the applicant shall provide revised elevation plans showing that
the building does not exceed thirty five feet (35') in height.
2. Provide a parking in lieu payment to the City in the amount of $5,700,00 for one (1) parking space.
The parking in lieu payment shall be submitted to the City prior to the City issuing a zoning certificate
for this site.
3. The elevation plan date stamped by the City on September 4, 2003, showing 703-square feet of glass
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on the second street elevation is approved.
4. Provide a revised landscape plan showing that the parked cars within the parking lot will be shielded
from passing pedestrians and motorists. The revised landscape plan shall show plant species that will
be a minimum of three feet (3') to four feet (4') in height at the time of planting with shorter plant
material integrated amoung the taller plant material. The taller plant species shall be planted closest to
the parking lot and taper down in height toward the sidewalk along Idaho Street. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior the City issuing a zoning certificate for this site. UNLESS the DesigB Re'/ic'.\' Board deteræiaes
that the laaàseapiBg proposed betv.'eeB the parlåBg lot, Idaho Street, and 2Bd Street meets the iBteRt of
Eagle City Code to shield the parked cars 'lIithiB the parkiRg lot of this àevelopmeBt, the laBàseape
plaB date staffil)ed by the City OR Septembor 4, 2003, is approved.
5. The non conforming light fixture, located on the west property line, shall be removed prior to the
issuance of a certificate of occupancy for this site.
6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. 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
by the Design Review Board prior to the City issuing a zoning certificate for this site.
9. Provide a revised elevation plan showing more relief on the north building elevation through the use of
building materials. change in building façade. bay window (similar to the south building elevation), or
ledges. The amount of stucco used on the north building elevation shall be reduced by fifty percent
(50%). The revised elevation plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City issuing a zoning certificate for this site.
10. Provide detailed cut sheets of the mail box proposed near the southeast corner of the building that
faces 2nd Street. The detailed cut sheets shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
11. Provide a roof penetration plan showing all roof vents to be located on the west side of the ridge of the
roof so that the vents are not visible from 2nd Street. The roof penetration plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
12. Provide detailed elevations of the trash enclosure and mechanical enclosure showing the materials,
gates. and colors to be used in the construction of these enclosures. The detailed trash enclosure and
mechanical enclosure plans shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
13. Provide revised building elevation plans showing the location of all gutters and down spouts proposed
with this development. The revised building elevations shall be reviewed and approved by staff prior
to the City issuing a zoning certificate for this site.
14. Provide a revised landscape plan showing the street trees along Idaho Street and 2nd Street to be of a
non-fruit bearing and columnar tree species. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
15. Provide detailed elevation plans showing a material other than wood to be used in the construction of
the four foot (4') high fence located along the west property line (Le.: stucco. stone. wrought iron).
The detailed elevation plans shall be reviewed and approved by staff and one member of the Design
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Review Board prior to the City issuing a zoning certificate for this site.
16. Provide a revised site plan showing the location of any power transformers proposed on this site. The
power transformer shall be screened from view by landscaping or a screen wall. A revised landscape
plan or detailed elevation plans shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
17. Provide building lighting on the south elevation to illuminate the alley for pedestrians. patrons. and the
residences. Provide detailed cut sheets of the proposed light fixture to be used on the south building
elevation showing the wattage and luminaire. The detailed cut sheets shall be reviewed and approved
by staff prior to the City issuing a zoning certificate 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 flfSt.
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 flISt.
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 flISt.
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 flISt. 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
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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 flfst.
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
flfst.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a, "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fife 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 flfst.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs flfst.
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
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permit or Certificate of Occupancy, whichever occurs flfst.
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 flfst.
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 flfst.
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.
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 1,2003.
2. Requests for agencies' reviews were transmitted on August 13, 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-41-03) 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.
While the Board recognizes that the building setbacks and the thirty nine foot (39') building height (as
proposed with this application) do not comply with Eagle City Code, the Board determined that the
proposed mix of uses and the revitalization of the downtown that will occur with this development
warrant varying from code. The Board supports the commercial uses located below the residential
uses and encourages these combined uses in the downtown to promote a pedestrian friendly
atmosphere.
The Board supports the eight foot (8') side building setback to the south so as to provide adequate
backing distance for the vehicles utilizing the garages located north of the alley, while permitting the
sixty foot (60') side building setback to the north to provide sufficient space for on-site parking for this
development.
DATED this 9th day of October 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~~
Eric R. McCullough, Ch an
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