Findings - DR - 2004 - DR-11-04 - Construct 4,780 Sq Ft Bank Facility W/3 Drive Up Service Lanes/3144 E. State St.
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW TO CONSTURCT A BANK! )
FINANCIAL INSTITUTION WITH DRIVE UP )
SERVICE FOR JONES LANG LASALLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-ll-O4
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 22, 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:
Jones Lang LaSalle, represented by Donna Williamson with Gensler Architects, is requesting
design review approval to construct a 4,780-square foot bank facility with three (3) drive up
service lanes for Bank of America. The site is located within Eagle Promenade on the north side
of East State Street approximately 350-feet west of Horseshoe Bend Road at 3144 East State
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 5, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 10, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat (PP-18-00) for Eagle
Towne & Country Centre for this site.
On February 27, 2001, the Eagle City Council approved a conditional use permit for a shopping
center (CU-18-00) for this site.
On February 25, 2003, the Eagle City Council approved a final plat (FP-I-03) for YES
Subdivision (also known as Eagle Towne & Country Centre) for this site.
On February 24, 2004, the Eagle City Council approved a conditional use permit for a
bank/financial institution with drive-up service for this site (CU-14-03).
E. COMPANION APPLICATIONS: DR-12-04 (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 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
Proposed No Change No Change Bank facility with three
drive up service lanes
North of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
South of site Mixed Use State Highway 44 & MU Vacant
(Mixed Use)
East of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
West ofsite Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the Eagle Promenade Shopping Center, with landscape borders on
the west and south boundaries (currently under construction with the development of the Eagle
Promenade Shopping Center). In addition, portions of the shopping center parking and drive
aisles have been completed.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1. ll-acres (48,354 S. F.) 0.03-acres (1300 S.P.) minimum
Percentage of Site Devoted to 9% 92% - (maximum)
Building Coverage
Percentage of Site Devoted to 31 % (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 43-spaces 24-spaces, plus queue space for
four cars per drive up window
Front Setback 82-feet O-feet minimum
Rear Setback 1O-feet O-feet minimum
Side Setback 144-feet O-feet minimum
Side Setback 64-feet 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 bank facility with three (3) drive up service
lanes, two (2) with teller service and one (1) for two (2) ATMs. A fourth lane is considered an
"escape" lane and for circulation around the bank building.
Height and Number of Stories of Proposed Buildings:
A single story building, measuring 28-feet in height from the average ground level adjacent to the
foundation to the tallest peak of the roof, is to be constructed. The majority of the building has an
average height of 19-feet to the top of the parapet wall.
Gross Floor Area of Proposed Buildings: 4,780-square feet
On and Off-Site Circulation:
Patrons will enter the shopping center site from one of six entrances located on State Highway 44
and Horseshoe Bend Road. The parking lot for the bank may be accessed from a drive aisle
(located along the northern boundary of the bank parcel) which provides reciprocal ingress-egress
access among the adjacent lots. Starting from the northeast comer of the building, a single drive
up lane traveling west divides into three (3) lanes for the teller and ATM services located on the
west side of the building. Patrons exiting the drive up service lanes enter into a drive lane to travel
east and then north through the bank parking lot to the shopping center drive aisle.
K. BUILDING DESIGN FEATURES:
Roof: Standing Seam and membrane roofing (Old Zinc Gray)
Walls: Rock veneer (Robinson rock - Aspen Bark) and stucco (painted to match color of rock
veneer)
WindowslDoors: Insulated storefront/clear glazing with low-e film
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Fasciaffrim: Painted to match rock color
Other: Entry canopy - prefinished metal panels (Bank of America Red)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees on this site
other than those within the shopping center.
Tree Replacement Calculations: Nt A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along East State Street were installed by the developers of Eagle
Promenade which the applicant proposes to incorporate into the landscape design of their site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: Nt A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot
for Eagle Promenade.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 130-square foot trash enclosure is proposed to be located near the northeast comer of this site
approximately 240-feet east of the north/south driveway which provides access to East State
Street. The enclosure is proposed to be constructed of chainlink with wood or vinyl slats.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
with this application and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-12-04) has
been submitted and is required for the approval of any signs for this site. The sign plan application
shall be reviewed and approved prior to the City issuing a zoning certificate for this site.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance of a building permit.
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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 - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500-year
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
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
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from H. James White, with White Leasure Development Company, date stamped by the
City on March 3, 2004.
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 Commercial.
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.
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.
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 elevation
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(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
.
Eagle City Code Section 8-2A-7(J)(3)(d)
Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
.
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. EAGLE TOWNE AND COUNTRY CENTRE DESIGN STANDARDS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.12 ROOFLINE AND ROOFTOP EQUIPMENT
3.12.2 Requirements
2. All mechanical rooms or mechanical equipment on rooftops shall be screened from a
horizontal line of sight in all directions. Screening must be a part of the building
design, not just "chicken coops" placed as an afterthought.
3. Air handling equipment on parapet roofs must be below parapet or kept back 10-feet
from the roof edge. In no event will this equipment be allowed to be seen from
neighboring parcels or streets.
3.13 TELECOMMUNICATION EQUIPMENT
3.13.2 Requirements
1. No antenna shall be visible from streets or neighborhood parcels. Microwave dishes
and satellite dishes shall be placed in the middle of parapet roofs or valleys but, in no
case may they be visible from the streets or highways.
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D. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Provide a traffic sign and striping plan as may be necessary that delineates a traffic circulation
pattern to mitigate potential vehicle conflicts between eastbound vehicles and the vehicles entering
the drive up lanes from the two-way access on the northern side of the bank facility. The plan
shall include a painted solid line and arrows, located directly north of the trash enclosure,
delineating traffic lanes and direction of travel. 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.
The Design Review Board shall verify that the screening wall and associated landscaping will
adequately shield vehicle headlights using this site from shining onto passing traffic on State
Highway 44. The applicant shall submit an accurate cross section depicting the wall and
landscaping, with the elevation of the drive aisle on this site shown in relation to the elevation of
the roadway bed of State Highway 44.
.
.
E. 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 the parapet walls. The applicant has indicated within the
application that there will be three (3) four and one halffoot (4 W) tall mechanical units and one
(1) five foot (5') tall mechanical unit located on the roof. The height of the parapet walls as
measured from the roof to the top of the lowest point on the parapet wall will be four feet (4'). If
the roof-top mechanical units are four and one half feet (4 W) and five feet (5') in height the
parapet walls would not screen the mechanical units. The applicant should be required to provide
revised elevation plans showing that the roof-top mechanical units are completely screened from
view by the parapet walls and a roof top plan showing where each of the mechanical units is
proposed. The revised elevation and roof top plans should be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site.
The applicant has indicated within the application that the trash enclosure is to be constructed of
chainlink with vinyl or wood slats. Per Eagle City Code, chainlink fencing, with slats or
otherwise, and cedar fencing is prohibited for screening. The applicant should be required to
provide detail elevations showing the materials and colors used in the construction of the trash
enclosure to match that which is used in the construction of the building. The revised elevations
should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot on
the north or east boundaries because this site will be integrated with the properties to the north and
east providing cross access between these 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
planted with a minimum of one 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 property to the
north and east providing cross access between parcels that the applicant should not be required to
provide a perimeter landscape strip on the north and west property lines.
The metal entrance canopy located on the south building elevation is proposed to be painted red to
match the red in the Bank of America logo. It is staff s opinion that the metal canopy should be
.
.
.
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.
painted a color that would complement the earthtone colors that are used in the building materials
on the building. The applicant's representative indicated to staff that it was important for Bank of
America to have the red canopy over the entrance for better recognition. The applicant will have
the "Bank of America" red in the two (2) building wall signs, one of which will be located over
this proposed metal canopy on the south building elevation. The applicant should be required to
provide a revised elevation plan showing the metal canopy on the south building elevation to be
painted a color that would complement the building materials. The revised elevation plan should
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.
The applicant has indicated on sheet L1.0, date stamped by the City on March 3, 2004, that the
height of the berm will be three feet (3') higher than the drive up pad. The berm is proposed to be
planted with Mint Julep shrubs which should obtain a height of four feet (4'). Thus the height of
the berm, including plant material will be six feet (6') higher than the drive-up pad.
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 April 22, 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).
BOARD DECISION:
The Board voted 5 to 0 (Bowen and McCullough absent) to approve DR-l 1-04 for a design review
application to construct a bank/financial institution with drive up service for Jones Lang LaSalle,
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 any applicable conditions ofCU-14-03 (conditional use permit) for the bank facility with
drive-up service.
2, Províde revised elevation plans showing that the roof-top mechanical units are completely screened
from view by the parapet walls and a roof top plan showíng where each of the mechanical units is
proposed. The revised elevation and roof top plans shall be reviewed and approved by staff prior to
the City issuing a zoning certificate for this site.
3. Provide detailed elevations showing the materials and colors used in the construction of the trash
enclosure match that which is used in the construction of the building. The revised elevations shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
4. Provide a revised elevation plan showing the metal canopy on the south building elevation to be
painted a color that will complement the building materials. 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.
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5. Provide revised building elevations showing the building wall signage to be located on only two (2)
elevations as indicated within the sign application. The revised building elevations shall be reviewed
and approved by staff prior to the City issuing a zoning certificate 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 (DR-12-O4) has been
submitted for the approval of a sign age for this building. The sign application shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
9. Provide detailed cut sheets of all site and building lighting; showing the style, wattage. luminarie, and
height of all light fixtures. The detailed cut sheets shall be reviewed and approved by staff prior to the
City issuing a zoning certificate for this site.
10. Provide cut sheets of the light fixture used to illuminate the flag pole showing the style, wattage,
luminarie. and height. Any lighting; used to illuminate the flag pole shall be mounted to the pole or be
ground mounted. No light fixtures used to illuminate the flag pole shall be permitted to be located on
the building. The detailed cut sheets shall be reviewed and ap\,roved bv staff prior to the City issuing
a zoning certificate for this site.
11. Provide revised colored elevations showing the color of the awning over the main entrance on the
south building elevation to be a dark muted burgundy or rust color that compliments the colors of the
building. The revised awning color 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 a variation in height to the plant material located on the east
building; elevation. The east building elevation plan indicates trees are to be planted on the east side of
the building; those tree shall be incoq>orated if space allows for the proper growth of trees in that
location. 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 plant material around the trash enclosure to be of an
evergreen plant species to provide year round screening. 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.
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.
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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 rust. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has rust 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
rust.
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
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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 fmal plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed 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
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 fIfSt.
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 fIfSt.
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.
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 5, 2004.
2. Requests for agencies' reviews were transmitted on March 10, 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-ll-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.
Page 12 of 13
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DATED this 13th day of May 2004.
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Page 13 of 13
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