Findings - DR - 2004 - DR-21-04 - Construct A 54,190 Sq' (70) Room Assisted Living Center/813 N. Eagle Road
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICA nON FOR A
DESIGN REVIEW TO CONSTRUCT PARAMOUNT
PARKS AT EAGLE ASSISTED LIVING CENTER
FORPARAMOUNTPARKSATEAGLELLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-21-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 8, 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:
Paramount Parks at Eagle, LLC, represented by Jerry Teal with Teal Architects, is requesting
design review approval to construct a 54,190-square foot, seventy (70) room, assisted living
center. The site is located on the west side of North Eagle Road approximately 900-feet south of
Floating Feather Road at 813 North Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 25, 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. mSTORY OF RELEVANT PREVIOUS ACTIONS:
On December 9,2003, the Eagle City Council approved a rezone application (RZ-03-03) to rezone
this site from R-4 (up to four dwelling units per acre) to MU-DA (Mixed Use with development
agreement).
E. COMPANION APPLICATIONS: DR-22-04 (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 Mixed Use R-4 (Residential) Single-family dwelling
Proposed No Change MU-DA (Mixed Use with Nursing Home (Senior
Development Agreement) assisted living facility)
North of site Mixed Use R-4 (Residential) Single-family residences
South of site Mixed Use MU-DA (Mixed Use with Spring Creek Development
Development Agreement) &Assisted living facility
East of site Residential Three (up to R-3 (Residential) Red Leaf Heights
three dwelling units per Subdivision
acre)
West of site Residential Four (up to R-4 (Residential) Clear Creek Crossing
four dwelling units per Subdivision
acre)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There are six (6) trees on this site of which the applicant is
proposing to retain three (3). There is curb, gutter, a five foot (5') wide landscape strip planted
with trees every thirty five (35') feet on center, and a five foot (5') wide sidewalk along Eagle
Road abutting the eastern boundary of this site.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 118,079-square feet (2.71-acres) 7,OOO-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 30% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 56% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 48-parking spaces 24-parking spaces (minimum)
Front Setback 87-feet (east) 20-feet (minimum)
Rear Setback 61-feet (west) 20-feet (minimum)
Side Setback 7.5-feet (south) 7.5-feet (minimum)
Side Setback 20-feet (north) 7.5-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an assisted living facility.
Height and Number of Stories of Proposed Buildings: Thirty one feet (31 '), two (2) stories.
Gross Floor Area of Proposed Buildings:
Lower Level = 18,607-square feet
Main Level = 35,583-square feet
Total = 54, 190-square feet
On and Off-Site Circulation:
A 16,439-square foot (approximately) paved parking lot will provide parking for vehicles using
this site. One (1) twenty foot (20') wide driveway is proposed to be located near the southeast
corner of the site approximately six feet (6') north of the south property line and one (1) twenty
eight foot (28') wide driveway is proposed to be located near the northeast corner of the site
approximately five feet (5') south of the north property line. Both driveways provide access to
Eagle Road.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt shingles (dark grey)
Walls: Stucco (tan), Hardboard (tan), and stone (light brown)
Windows/Doors: Wood doors (brown stain), and vinyl windows (white)
FascialTrim: Hardboard (dark grey)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are seven (7) existing trees on this
site of which the applicant is proposing to retain three (3) of the trees. There are six (6) existing
street trees located between the back of curb and the sidewalk abutting Eagle Road that the
applicant is proposing to retain.
Tree Replacement Calculations: The applicant is proposing to remove four (4) trees from this site.
The Board and the City Forester should determine the caliper inches to be replaced on-site or the
value amount to be paid to the City Tree Fund.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There are six (6) existing street trees located between the back of curb and sidewalk
along Eagle Road abutting the eastern boundary of this site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed.
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M. TRASH ENCLOSURES:
One (1) sixty (60) square foot trash enclosure is proposed to be located along the north side of the
site approximately 120-feet west of the driveway on Eagle Road. The enclosure is proposed to be
constructed of stucco walls with wood gates on metal frames.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with screen walls constructed to match the building
and landscaping.
O. OUTDOOR LIGHTING:
The applicant is proposing to install seventeen (17), fifteen foot (15') high, one hundred (100)
watt, high pressure sodium parking lot light fixtures. Four (4) one hundred (100) watt, high
pressure sodium bollard light fixtures are proposed on each side of the two driveways to this site.
Other than recessed lighting within the soffit of the building, no other building lighting is
proposed.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-22-04) 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 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.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
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:
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING TillS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(B)(3)
Fences:
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
Eagle City Code Section 8-2A-7(C)(1)
.
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existine: Tree
1 "-6" cal.
6-1/4"-12"
12-114" +
Replacement
2x cal. of tree removed
1.5x cal. of tree removed
Ix cal. of tree removed
.
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 Cl of this section.
.
Eagle City Code Section 8-2A-7(C)(3)
Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
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.
Eagle City Code Section 8-2A-7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and
burlapped.
.
Eagle City Code Section 8-2A-7(E)(4)
The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled
and burlapped.
.
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)(2)(a-d)
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot,
and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet
of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and
plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from
the right of way to the parking lot, and plant with a minimum of one shade tree and five (5)
shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
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.
.
Eagle City Code Section 8-2A-7(K)(4)(b)(2)
No parking space shall be more than sixty feet (60') from an interior landscaped area.
C. DISCUSSION:
. The applicant is proposing to construct a six foot (6') high cedar fence on the west side of the
building for an outdoor patient area. Per Eagle City Code, cedar, fir and similar high maintenance,
and/or unsightly fencing is not permitted. The applicant should be required to provide a revised
site plan with details showing the style of fence being constructed with something other than
cedar, fir or similar high maintenance material. The revised site plan and detailed elevations
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.
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 is proposing to save three (3) of the seven (7) trees located on this site. The trees
include a variety of evergreen, maples, and fruit trees. A plan showing construction fencing
around the existing trees (a minimum of lO-feet from the trunk of the tree or at the drip line of the
tree (whichever is closer» to prevent any damage within the drip line of the trees should be
submitted to the City. The construction fencing should be installed prior to commencing any site
work. Cups or dams should be built within the drip line of each tree in order to retain water and
the trees shall be watered on a regular basis. No activity whatsoever should take place within the
drip line of the trees.
The applicant has indicated that a cedar fence is to be used for the trash enclosure gates. Per Eagle
City Code, cedar fencing is prohibited for screening. The applicant should be required to provide
revised elevations showing the trash enclosure gates to be constructed of something other than
cedar or chainlink with slats. The revised elevations 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 is proposing to construct a two foot six inch (2' 6") high landscape berm between
Eagle Road and the parking lot, planted with two (2) evergreen trees, one (1) deciduous tree, four
(4) flowering trees, and twenty five (25) shrubs. Per Eagle City Code, one (1) shade tree and ten
(10) shrubs is required to be planted per thirty five (35) linear feet of frontage. The applicant
should be required to provide a revised landscape plan showing a minimum of seven (7) shade
trees and sixty nine (69) shrubs for the two hundred and forty (240) linear feet of frontage. The
revised landscape 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 is not proposing a landscape island within the parking spaces that abut Eagle Road,
thus the distance between the two (2) terminus islands located on the north and south ends of these
parking spaces is two hundred and thirty four feet (234'). Per Eagle City Code, no parking space
may be more than sixty feet (60') from an interior landscape area. The applicant should be
required to provide a revised landscape plan showing a five foot (5') wide (minimum) landscape
island planted with one (1) shade tree and shrubs, ground cover, or grass located at the mid point
between the north and south terminus islands (to the west of the monument sign). The revised
landscape 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 AI-I, date stamped by the City on February 25, 2004, that a
six foot (6') high metal fence is proposed around the pond located near the west property line. The
applicant should be required to provide a detailed cut sheet showing the style and color of the
metal fence. The cut sheet 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.
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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on April 8, 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 3 to 0 (Bowen, Christensen, Floegel and Stanger absent) to approve DR-21-04
for a design review application to construct an assisted living center for Eagle Parks at Eagle, 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 APPROV AL:
1. Comply with any applicable conditions of the rezone application and development agreement (RZ-03-
03).
2. Provide a revised site plan and detailed elevations showing the style of fence proposed on the west side
of the building around the Alzheimer's patient area to be constructed of something other than cedar, fir
or similar high maintenance and/or unsightly fencing. The revised site plan and detailed elevations
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.
3. The information provided by Keith Atkins, City Forester, shall be evaluated with regard to the new
landscape desie:n required bv the Board. The tree replacement values and sizes shall be reviewed and
approved bv staff and two members of the Design Review Board prior to the City issuing a zonine:
certification for this site.
4. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the tree or at the drip line of the tree (whichever is closer» to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. Cups or dams should be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever should take place
within the drip line of the trees.
5. Provide a revised landscape plan showing the deciduous trees to be a minimum of three inch (3")
caliper and the evergreen trees to be a minimum of six to seven (6' - 7') in height, balled and
burlapped. The revised landscape plan shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
6. Provide revised elevations showing the trash enclosure gates to be constructed of something other than
cedar or chainlink with slats. The revised elevations 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.
7. Provide a revised landscape plan showing a minimum of seven (7) shade trees and sixty nine (69)
shrubs for the two hundred and forty (240) linear feet of frontage. 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.
8. Provide a revised landscape plan showing a five foot (5') wide (minimum) landscape island planted
with one (1) shade tree and shrubs, ground cover, or grass located at the mid point between the north
and south terminus islands located one hundred and sixty feet (160') south of the north property line
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(to the west of the monument sign). 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.
9. Provide a detailed cut sheet indicating the style and color of the metal fence proposed around the pond
located near the west property line. The cut sheet 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. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
11. No signs are proposed with this application. A separate design review application is required for the
approval of a sign plan for this building. The sign plan shall be reviewed and approved prior to the
City accepting a building permit for this site.
12. Provide a revised landscape plan desie:ned bv someone knowlede:eable in the field of landscape desie:n
and architecture. The revised plan shall reflect all existine: trees, which of those are to be retained and
removed. The revised plan shall show the perimeter landscaping alone: the north and south sides of the
parkine: area incompliance with Eagle City Code. The revised landscape plan shall be reviewed and
approved by staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
13. Provide a roof penetration plan that identifies that all roof penetrations are to be painted to match the
color of the roof. The roof penetration plan shall be reviewed and approved bv staff prior to the City
issuine: a zonine: 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 first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter 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
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shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
fIrst.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
fIrst. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department. II
b. The fIre hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fIre area in excess of 3,600 square feet, and 1,500
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gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs fIrst.
d. The proposed fIre protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City 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 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.
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24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 25, 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-21-04) 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 22nd day of April 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon K. Moore, Eagle City erk
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