Findings - DR - 2004 - DR-19-04 - Construct A 12,000 Sq' Multi-Tenant Flex Space Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A MULTI-TENANT FLEX SPACE BUILDING
FOR ROBNETT CONSTRUCTION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 22, 2004. The Board continued the item to May 13, 2004, and made their decision at that time.
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:
Robnett Construction, represented by Jason Martin with Backstreet Architecture, is requesting
design review approval to construct a 12,000-square foot multi-tenant flex space building. The
site is located on the southwest corner of State Highway 44 and McGrath Road on Lot 1, Block 1,
of Ancona Business Park.
B. APPLICA nON SUBMITTAL:
The City of Eagle received the application for this item on March 4, 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 January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary
plat application (CU-9-O1 & PP-6-01) for Ancona Business Park.
On May 21, 2002, the Eagle City Council approved a design review application for the common
area landscaping within Ancona Business Park (DR-7-02). This application has since expired.
On September 9, 2003, the Eagle City Council approved a preliminary plat extension of time
application for Ancona Business Park.
On March 16,2004, the Eagle City Council approved a final plat application for Ancona Business
Park (FP-15-03).
Eo COMPANION APPLICATIONS: DR-27-O4 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU (Mixed Use) Vacant
Proposed No Change No Change Multi-tenant flex space
building
North of site Business Park BP (Business Park) State Highway 44/ trailer
park
South of site Mixed Use MU (Mixed Use) Vacant lot within Ancona
Business Park
East of site Mixed Use MU (Mixed Use) McGrath Road! Vacant
West of site Mixed Use MU (Mixed Use) Vacant lot within Ancona
Business Park
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is curb, gutter and a five foot (5') wide sidewalk
abutting this site's eastern boundary along McGrath Road.
L SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 46,763-square feet (1.07-acres) 7,000-square feet (0. 16-acres)
Percentage of Site Devoted to 26% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 29% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 49-parking spaces 30-parking spaces*
Front Setback 85-feet (north) 20-feet
Rear Setback 24-feet (south) 20-feet
Side Setback 58-feet (east) 20-feet
Side Setback 18-feet (west) 7.5-feet
* Based on 50% of the building being used as office (one (1) parking space per two hundred and fifty (250) square feet of
gross floor area) and 50% of the building being used as warehouse (one (1) parking space per one thousand (1,000) square
feet of gross floor area).
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J. GENERAL SITE DESIGN PEA TURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant flex space
building.
Height and Number of Stories of Proposed Buildings: 28 W high, one story with mezzanine area.
Gross Floor Area of Proposed Buildings: 12,000-square feet
On and Off-Site Circulation:
A 15,908-square foot (approximately) paved parking lot provides parking for vehicles using this
site. The site is accessed by a shared access driveway located on McGrath Road on this site's
south property line. Vehicular traffic may circulate along the south and west sides of the building
and through the parking area located on the north and east sides of the building.
K BUILDING DESIGN FEATURES:
Roof: Metal roof (green)
Walls: Smooth and split face CMU (mocha), Stucco (cream)
Windows/Doors: Storefront system (cream)
FascialTrim: Vinyl (green)
Other: Exposed steel (mocha)
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 applicant is proposing trees to be planted along State Highway 44. However, the
trees are not located thirty five feet (35') on center as required by Eagle City Code.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been proposed on the north and east perimeter of the
parking lot but not on the south or west perimeter because this site will be
integrated with the properties to the south and west providing cross access
between parcels.
b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 165-square foot trash enclosure is proposed to be located near the southeast corner of the
building approximately 65-feet west of the driveway on McGrath Road. The enclosure is
proposed to be constructed of smooth and split face CMU with metal gates, all of which will
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match the colors used on the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened by vinyl fence.
O. OUTDOOR LIGHTING:
The applicant is proposing to install four (4) 90-watt low pressure sodium shoe box parking lot
light fixtures. The height of these parking lot light fixtures has not been specified but are not
permitted to exceed twenty feet (20') in height including any concrete base. The applicant has
indicated bollard lights are to be located along the ten foot (10') wide pathway (abutting this site's
northern boundary) and along the eastern perimeter of the parking lot adjacent to McGrath Road.
A detailed cut sheet indicating the style, wattage, height, and luminarie has not been provided.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-27-O4) has
been submitted and is required for the approval of any signs for this site. The master sign plan
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 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 PEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - Boise River Floodplain (100 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
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
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, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(A)(6)(d)
Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered.
.
Eagle City Code Section 8-2A-6(B)(5)(c)
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)(2)(d)
Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete
along with a four foot (4') wide landscaped strip between the right of way and the parking lot,
and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings.
.
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.
.
Eagle City Code Section 8-2A-7(K)(4)(b)(4)
Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a
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height of six feet (6').
.
Eagle City Code Section 8-2A-7(K)(4)(b)(5)
A terminal island for a single row of parking spaces shall be landscaped with at least one tree
and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall
contain not less than two (2) trees and shrubs, ground cover, or grass.
.
Eagle City Code Section 8-4-4-2(A)(5)
Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
All lots and buildings shall be configured so as to screen any and all loading areas and trash
enclosures from view as seen from residential uses or public roadways.
All buildings shall be designed and constructed with architectural features and materials that
enhance the entry corridor into the City. Metal buildings shall be prohibited. Architectural
elevations and materials for all buildings shall be reviewed and approved by the Design Review
Board prior to issuance of any building permits.
All loading docks and trash containers shall be screened from view from State Highway 44.
Screening materials and location of the loading docks and trash containers shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
.
.
All roof mechanical units shall be screened from view. Screening materials shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
D. DISCUSSION:
.
.
On January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary
plat application for the Ancona Business Park. It was during the review of these applications that
the configuration and position of buildings proposed within this development was discussed since
the site's location is adjacent to a highly visible roadway and the potential statement this
development may make about the City of Eagle. The building design submitted with this
application and the design of the building proposed to the west of this site (Lot 2, Block 1) (DR-
20-04) have the same architectural style, colors, and materials and are located at the same angle to
State Highway 44. This building is 12,000-square feet and is located eighty five feet (85') south
of State Highway 44 while the building proposed to the west of this site is proposed to be 6,000-
square feet and is located sixty five feet (65') south of State Highway 44.
Staff has concerns pertaining to this specific application with regard to the architectural style,
colors, materials, orientation of the building, and the meandering ten foot (10') wide pathway
adjacent to State Highway 44. The concern staff has with this application regarding the
architectural style, materials, and colors of the proposed building is that the same architectural
style, colors, materials, and orientation of the building proposed to the west of this site. Although
the continuity between the two buildings is important, there is the opportunity to create subtle
differences in the materials and colors used in the construction of the building. While the north
elevation of the building (facing State Highway 44) has architectural elements with relief, the
south elevation of the building (facing Lot 7, Block 1) has no architectural elements to provide
interest. Staff is concerned about the vast amount of roof that the south elevation has with no
features to provide relief, other than the skylights. The applicant should be required to provide a
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revised elevation plan showing the south building elevation with architectural features to help
break-up the large expanse of roof. 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.
On January 13, 2004, the Eagle City Council approved a design review application for the
common area landscaping within Ancona Business Park. Consideration was give to the lcoateioni
of the meandering ten foot (10') wide pathway and the location of trees and other plant material to
be located on both the north and south sides of the pathway to provide a visually pleasing path for
pedestrians utilizing this area. The applicant is showing the ten foot (10') wide pathway along the
northern boundary of this site, however, the pathway has been proposed to be located one foot (1 ')
to five feet (5') south of the right-of-way line of State Highway 44. It is staffs opinion that this
plan does not meet the intent of the approved design review application for the common area
landscaping within Ancona Business Park with regard to the meandering ten foot (10') wide
pathway. The applicant should be required to provide a revised site and landscape plan showing
the ten foot (10') wide meandering path adjacent to State Highway 44 meanders a minimum of ten
feet (10') south of the right-of-way line adjacent to State Highway 44, per the approved landscape
plan for Ancona Business Park date stamped by the City on October 7, 2003. The revised site and
landscape plans 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 not proposed continuous landscaping around the perimeter of the parking lot on
the west or south boundaries because this site will be integrated with property to the west and
south 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
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 property to
the 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.
This site is located abutting the north and east property lines of Ancona Business Park with no
direct street access to McGrath. A twenty four foot (24') wide common access driveway which
would provide access from McGrath Road to The Bagmaker site (located on Lot 3, Block 1) was
reviewed and approved by the City with The Bagmaker design review application (DR-56-03).
The applicant should be required to work with the developer and the owner of Lot 3, Block 1 - The
Bagmaker) to construct the twenty four foot (24') wide asphalt access drive proposed along the
common lot lines of Lots 1 and 7, Lots 2 and 3, Block 1 of Ancona Business Park providing access
to McGrath Road.
.
.
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. The
application was continued to May 13, 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
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including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Bowen absent) to approve DR-19-O4 for a design review application to
construct a multi-tenant flex space building for Robnett Construction, 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 APPRO V AL:
1. Comply with any applicable conditions of CU-9-01 and PP-4-01 (conditional use permit and
preliminarily plat of Ancona Business Park).
2. Comply with any applicable conditions ofDR-55-03 (design review application for the common area
landscaping within Ancona Business Park).
3. Provide a license agreement from ITD allowing the installation of landscaping located within the
public rights-of-way prior to the City issuing a zoning certificate for this site.
4. Work with the developer and the owner of Lot 3, Block 1 (The Bagmaker) to construct the twenty four
foot (24') wide asphalt access drive proposed along the common lot lines of Lots 1 and 7, Lots 2 and
3, Block 1 of Ancona Business Park providing access to McGrath Road.
5. The elevation plan date stamped by the City on May 6,2004, is approved. Praviàe a revised elevatioø
plaø she'l:iøg the saath BailàiRg elevatieR '::ith IH'EihiteelliFaI føaæres to hell' Break ap the large
expaøse of roaf. The revised elevatieR fIlaR shall Be r-€lyieweà aød approveà BY staff aRd aRe memBer
of the Desigø Review Beafà prior ta the City issaiRg a zaRiRg øeftifiøate for this site.
6. The site and landscape plan date stamped by the City on May 6, 2004, is approved. Proviàe a re':iseà
site aøà landse~e plaR showæg the teR foot (10') ",:ide meaøderiRg path adjaeeRt te State Highway 44
æeaøders a miRimam of teR feet (10') saath af the right af way liRe adjaeeRt ta State Highway 44, per
the atlPF€lveà lanEiseape fllaø far ¡\ReaRa Basæess Park date stalRfJed BY the Cit-y OR Oetel3er 7,2003.
The revised site aRd lanàseape plans shall Be reviewed aøà ~flF€lYed BY staff aød ORe meæèer of tHe
Desigø Reyiew Boarà prior to the City issaiRg a zoRiRg eertifieate far this site.
7. Provide a detailed cut sheet showing the style, wattage, height, and luminarie of the bollard light
fixtures proposed along the ten foot (10') meandering pathway and the eastern perimeter of the parking
lot. The detailed cut sheet shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
8. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
9. No signs are proposed with this application. A separate design review application (DR-27-04) has been
submitted and is required for the approval of any signs for this site. The master sign plan application
shall be reviewed and approved 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 rust.
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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
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
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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 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 Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs flfst.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs flfst.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs 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
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elect to take those plans to the Design Review Board and!or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and!or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 4, 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-19-04) 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 11 of 12
K:\P1anning DepllEagle ApplicationslDrl2004\DR-19-04 drf.OOc
DATED this 27th day of May 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~¿(e
Eric R. McCullough. ~
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ATTEST:
Page 12 of 12
K:\P1anning DeptlEagle ApplicalionslDrl2004\DR-19-04 drf.doc