Findings - DR - 2004 - DR-03-04 - Construct Bank Facility W/3 Drive Up Service Lanes
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 THE HOME FEDERAL
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-O3-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 12, 2004. 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:
Home Federal, represented by Russ Phillips with Insight Architects, is requesting design review
approval to construct a bank facility with three (3) drive up service lanes. The site is generally
located on the northeast comer of Eagle Road and East Riverside Drive within the Eagle River
Development at 100 East Riverside Drive (Lot 7, Block 1, Mixed Use Subdivision No.5).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 8, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 14, 2004, 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, 2001, 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) for this site.
On April 22, 2003, the Eagle City Council approved a preliminary plat, Mixed Use Subdivision
No.5 (PP-I-03) for this site.
On January 27, 2004, the Eagle City Council approved a conditional use permit (CU-13-03) for
this site.
E. COMPANION APPLICATIONS: DR-OI-O4 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
Proposed No Change No Change Bank Facility with three
drive up service lanes
North of site Commercial C-3-DA (Highway Business Wendy's Restaurant with
District with Development one drive-thru service lane
Agreement)
South of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
West of site Public / Semi-Public & C-l (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 partial parking and drive aisle improvements completed with
the construction of the Wendy's fast food restaurant on the parcel to the north. Landscaping has
been completed on the western boundary (improved with the development of the Eagle River
Commercial development).
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.63-acres (27,493-square feet) 0.03-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 34% (approximately) includes 10% (minimum)
Landscaping plaza area
Number of Parking Spaces 33-spaces 23-spaces, plus queue space for
four cars per drive up window
(minimum)
Front Setback 38-feet (west) O-feet minimum
Rear Setback 185-feet (east) O-feet minimum
Side Setback O-feet (north) O-feet minimum
Side Setback 8-feet (south) O-feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building
The construction of one building will be for the operation of a Bank Facility with three (3) drive-
up service lanes, with one (1) lane doubling as access for an ATM.
Height and Number of Stories of Proposed Buildings:
A single story building, measuring twenty-one feet (21') in height from the average ground level
adjacent to the foundation to the peak of the parapet wall is to be constructed.
Gross Floor Area of Proposed Buildings: 4,520-square feet
On and Off-Site Circulation:
The shared parking lot is to be served by three (3) shared driveways (through reciprocal ingress-
egress easements among the adjacent lots); two (2) accessing East Riverside Drive to the east and
southeast, and one (1) accessing East Eagle River Street to the north. The three (3) drive up
service lanes located on the east side of the building will be accessed by traveling north from the
parking lot, merging into a two lane drive aisle accessing the driveway on East Eagle River Street.
K. BUILDING DESIGN FEATURES:
Roof: Single Ply
Walls: Brick, Stone
WindowslDoors: Aluminum
Fascia/Trim: Metal
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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): To be reviewed by the Design Review Board
Street Trees: The site does not abut a public right-of-way. The street trees within Eagle River
Development were previously installed by the developers.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping will not be installed around the perimeter of the parking
lot because this site will be integrated with the surrounding properties providing
cross access between parcels.
b. Interior Landscaping: 8% interior landscaping is required. 10% will be installed.
M. TRASH ENCLOSURES:
One 120-square foot trash enclosure will be located near the southeast comer of the site
approximately 30-feet northwest of the driveway on East Riverside Drive. The enclosure will be
constructed of CMU with stone veneer and with metal gates, all of which will match the building.
N. MECHANICAL UNITS:
The applicant will install roof top mechanical units. The roof top mechanical units will be
screened by the parapet walls. No ground mounted mechanical units are proposed and none are
approved.
O. OUTDOOR LIGHTING:
Four (4), twenty foot (20') high, one hundred and fifty (150) watt high pressure sodium shoe box
light fixtures exist within the parking lot for this site. No building lighting, other than recessed
soffit lighting, is proposed with this application and none is approved.
P. SIGN AGE:
No signs are proposed with this application. A separate design review application (DR-I-04) has
been submitted and is required for the approval of any signs for this site. The sign application
shall be reviewed and approved prior to the City issuing a zoning certificate for this site.
Q. PUBLIC SERVICES A V AILABLE:
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.
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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
Note: all floodplain and floodway concerns were addressed by the applicant as a part of
the Eagle River Preliminary Plat application, the Mixed Use Subdivision No.1 final plat
application, and associated floodplain development permit application.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under
Areas of Critical Environmental Concern above).
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):
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 incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC:
Letter from Keith Adkins, City Forester, date stamped by the City on February 4, 2004 (is
incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Commercial.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-1-2 ROOF-MOUNTED MECHANICALS:
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
Eagle City Code 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 elevatìon
plan).
Eagle City Code 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.
.
Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Only the use BanklFinancial Institution with drive-up service is approved with the conditions
noted herein. The property is subject to the conditions of design review.
Comply with all requirements of the development agreement dated, January 25, 2000, between the
City of Eagle and Eagle River LLc.
.
.
Comply with all requirements of FPDP-5-00 for the Eagle River Development and Mixed Use
Subdivision No.5 (PP-I-03).
The applicant shall install caution signs within the drive aisle on the east side of the drive up
service lanes to mitigate potential vehicle conflicts between vehicles exiting the drive up lanes and
entering the north bound lanes of the intersection located on the northeast side of the bank
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
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.
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.
No signs are proposed with this application and none are approved. A separate design review
application is required for the approval of any signs.
The applicant will instruct employees to use the parking spaces located east of the bank building.
.
D. DISCUSSION:
.
The applicant is proposing to use roof-mounted mechanical units with the construction of this
building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely
screened from view through the use of a parapet wall or enclosed within the building. The
applicant has shown details (i.e.: height and size) and the location of the mechanical units in
relation to the parapet walls. The roof-top mechanical units are shown to be completely screened
from view by the parapet walls. No ground mounted mechanical units are proposed with this
application and none are approved.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is
required between the property lines and the parking lot and should be planted with a minimum of
one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staffs 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 that the applicant should not be required to provide a perimeter
landscape strip on the north, south, east, and west property lines.
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 East Riverside Drive and one to be located on Eagle Road,
with the pad sites to the north and south of this site (Lots 6, and 8, Block 1, Mixed Use
Subdivision No.5, Lot 4, Block 1, Mixed Use Subdivision No.3, and Lot 2, Block 1, Mixed Use
Subdivision No.2). The applicant should be aware that this site is allowed one monument sign to
be shared with the parcels to the north and south (Lots 6, and 8, Block 1, Mixed Use Subdivision
No.5, Lot 4, Block 1, Mixed Use Subdivision No.3, and Lot 2, Block 1, Mixed Use Subdivision
No.2). The applicant should be required to work with the property owners to the north and south
to coordinate a monument sign that will be shared by all sites (Lots 6, and 8, Block 1, Mixed Use
Subdivision No.5, Lot 4, Block 1, Mixed Use Subdivision No.3, and Lot 2, Block 1, Mixed Use
Subdivision No.2).
.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
.
Staff defers comment regarding building design and colors to the Design Review Board.
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 February 12, 2004, 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).
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BOARD DECISION:
The Board voted 6 to 0 (Grubb absent) to approve DR-03-04 for a design review application to
construct a bank facility with drive up service for Home Federal, 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. Comply with all requirements of the development agreement dated, January 25, 2000, between the
City of Eagle and Eagle River LLc.
2. Comply with all requirements of FPDP-5-00 for the Eagle River Development and Mixed Use
Subdivision No.5 (PP-I-03).
3. Comply with any applicable conditions of the conditional use permit (CU-13-03) for this site.
4. The roof-top mechanical units are shown to be completely screened from view by the parapet walls.
No ground mounted mechanical units are proposed with this application and none are approved.
5. The applicant shall install caution signs within the drive aisle on the east side of the drive up service
lanes to mitigate potential vehicle conflicts between vehicles exiting the drive up lanes and entering the
north bound lanes of the intersection located on the northeast side of the bank 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.
6. 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.
7. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
8. This site is allowed one monument sign to be located on East Shore Drive and one monument sign to
be located on Eagle Road to be shared with the parcels to the north and south (Lots 6, and 8, Block 1,
Mixed Use Subdivision No.5, Lot 4, Block 1, Mixed Use Subdivision No.3, and Lot 2, Block 1,
Mixed Use Subdivision No.2). The applicant shall be required to work with the property owners to
the north and south to coordinate a monument sign that will be shared by all sites (Lots 6, and 8, Block
1, Mixed Use Subdivision No.5, Lot 4, Block 1, Mixed Use Subdivision No.3, and Lot 2, Block 1,
Mixed Use Subdivision No.2).
9. No signs are proposed with this application. A separate design review application is required for the
approval of a master sign plan for this building. The master sign plan shall be reviewed and approved
prior to the City accepting a building permit for this site.
10. Provide a detailed elevation plan of the trash enclosure showing the materials and colors to be used in
the construction of the enclosure. The elevation plan shall be reviewed and approved by staff prior to
the City issuing a zoning certificate for this site.
11. Provide a revised landsca"e plan showing the concrete plaza area extending: to the northern parking
spaces abutting 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 issuing a zoning: certificate for this site.
12. Provide a revised landscape plan showing evergreen plant material to be planted around the trash
enclosure. 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.
13. Provide a revised landscape plan showing additional False Cypress - Slender Hinoki to be planted on
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the north side of the building between the two (2) groupings of False Cypress - Slender Hinoki. in
place of the Germander. 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.
14. Provide a revised landscape plan showing one (1) three inch (3") caliper shade tree to be planted
within the raised planter bed located within the plaza area 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 issuing a zoning certificate for this site.
15. The plaza area shall be constructed of bei~e colored concrete with tooled joints, as indicated on the
landscape plan date stamped by the City on January 8, 2004.
16. Provide revised building elevation plans showing additional three dimensional relief on all building
elevations through the use of accent bands. wainscoting, or recessed windows. The revised elevation
plans 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.
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 flfst.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs flfst.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
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.
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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 flfst 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
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 fife 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 flfst.
d. The proposed fife 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
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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 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.
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26. The City's actions on the application does not grant the applicant any appropriatio~ 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 January 8, 2004.
2. Requests for agencies' reviews were transmitted on January 14, 2004, 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-03-04) 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.
DATED this 26th day of February 2004.
ATTEST:
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--Sharon K. Moore, Eagle City lerk
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K:\Planniog DeptlEagle Appocations\Dr\2004\DR-O3-04 drf.doc