Findings - DR - 2005 - DR-17-05 - Remove Existing 1,021 Sq' Residential Dwelling/Construct 2976 Sq' Multi-Tenant Office
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW TO DEMOLISH AN EXISTING
RESIDENTIAL DWELLING AND TO CONSTURCT
A NEW MULTI-TENANT OFFICE BUILDING FOR
SHADOW MOUNTAIN CONSTRUCTION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-17-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 14, 2005. 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:
Don Flynn, represented by James Gipson, is requesting design review approval to remove the
existing 1,021-square foot residential dwelling and to construct a 2,976-square foot multi-
tenant office building. The site is located on the east side of Palmetto A venue approximately
250-feet north of East State Street at 52 North Palmetto A venue (Lot 1, Block 1 of Fuerte de
la Aguila Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 10, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 11, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 5, 1999, the Eagle City Council approved the final plat for Fuerte de la Aguila
Subdivision (FP-13-99).
On September 12, 2000, the Eagle City Council approved a design review application for
converting a residence into the Eagle Floral Shop (DR-42-00).
On November 13, 2001, the Eagle City Council approved a design review application to modify
the site, landscaping and building for the Eagle Floral Shop (DR-42-00 MOD).
E. COMPANION APPLICATIONS: DR-18-0S (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Commercial C-2 (General Business Abandoned Residential
District)
Proposed No Change No Change Multi-tenant Office
North of site Residential R-4 (Residential-four units Residential
per acre)
South of site Commercial C-2 (General Business Veterinary Clinic
District)
East of site Commercial C-2 (General Business Winding Creek
District) Development
West of site Central Business District CBD (Central Business Post Office/Aquila
District) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing 1,021-square foot abandoned residential
dwelling and several mature trees on site.
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.34-acres (14,9S2-square feet) 1,300-square feet (minimum)
Percentage of Site Devoted to 20% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 58% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 12-parking spaces 12-parking spaces (minimum)
Front Setback 17 Y2-feet (west) O-feet (minimum)
Rear Setback 16-feet (east) O-feet (minimum)
Side Setback 14-feet (south) O-feet (minimum)
Side Setback 90-feet (north) O-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Three buildings, multi-tenant office, shed and well house.
Height and Number of Stories of Proposed Buildings: Twenty four feet (24'), one story.
Gross Floor Area of Proposed Buildings: 2,976-square feet multi-tenant office
180-square feet shed
69-square feet well house
On and Off-Site Circulation:
A 3,2S0-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the west side of this site
approximately 35-feet south of the north property line of this site providing access to Palmetto
A venue.
K. BUILDING DESIGN FEATURES:
Roof: Presidential shake (charcoal black)
Walls: EIFS (cream), Masonry (desert wash sandstone)
Windows/Doors: Vinyl (almond)
Fascia/Trim: Metal (dark brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are six existing trees on this site of
which the applicant is proposing to retain all of them. There was one evergreen tree
(approximately 15' in height) located north of the existing building which was removed without
written City approval.
Tree Replacement Calculations: Two (2), seven foot to nine foot (7' to 9') tall evergreen trees shall
be planted on site to replace the fifteen foot (15') evergreen tree removed from this site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant has not proposed any street trees along Palmetto A venue.
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 parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
The applicant is proposing to locate a trash tote in the shed. No trash enclosure is proposed.
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N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
O. OUTDOOR LIGHTING:
Three bollard light fixtures are proposed to be located within the parking lot. Recessed soffit
lighting will be used around the perimeter of the building.
P. SIGN AGE:
No signs are proposed with this application. A separate design review application (DR-18-05) is
required for the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, 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 - 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
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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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: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. 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 C1 of this Section.
Eagle City Code Section 8-2A-7(E)(4):
.
.
The minimum acceptable size for deciduous trees shall be three inch (301) caliper, balled
and burlapped.
Eagle City Code Section 8-2A-7(E)(5):
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(K)(3)(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(M)(1 & 2):
.
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Meandering sidewalks shall be
required when space permits. An average five foot (5') wide minimum parkway planter
strip planted with shade class (class II or class III) trees shall be required between the
sidewalk and street to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
C. DISCUSSION:
. There are six existing trees on this site that the applicant is proposing to retain and protect.
However, an approximately fifteen foot (15') tall evergreen tree was recently removed from
the north side of the existing building. The City Forester recommends that two (2) seven foot
to nine foot (7' to 9') tall evergreen trees be planted on this site to mitigate the removal of the
fifteen foot (15') evergreen tree. The applicant should be required to provide a revised
landscape plan showing two (2) seven foot to nine foot (7' to 9') evergreen trees planted on
this site. The revised landscape plan should be reviewed and approved by the Design Review
Board prior to the City issuing a zoning certificate for this site.
The landscape plan date stamped by the City on March 10, 2005, does not show a five foot
.
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.
(5') wide parkway planter strip planted with shade class trees every thirty five feet (35') on
center. The east side of Palmetto Avenue, from the intersection of State Street and Palmetto
A venue to the residential subdivision to the north of this site, has a five foot (5') wide attached
sidewalk. It is staff s opinion that the applicant should not be required to remove the existing
sidewalk and replace it with a separated sidewalk with a planter strip as required within Eagle
City Code. However, the applicant should be required to provide a revised landscape plan
showing shade class trees planted every thirty five (35) linear feet of street frontage on the east
side of the existing sidewalk. The revised landscape plan should be reviewed and approved by
the Design Review Board prior to the City issuing a zoning certificate for this site.
The site and landscape plan date stamped by the City on March 10, 2005, indicates that the
shed and well house are to remain. The shed and well house currently have board and bat
siding on them. The applicant is proposing the exterior of the new building to have masonry
wainscoting with stucco. The applicant should be required to provide revised elevation plans
showing that the shed and well house will match the construction materials and colors used in
the construction of the new multi-tenant office building. The revised elevation plans should
be reviewed and approved by the Design Review Board prior to the City issuing a zoning
certificate for this site.
.
The landscape plan date stamped by the City on March 10, 2005, is very similar to the original
landscape plan the Board reviewed on September 13, 2001. The Board made the following
condition after reviewing the original landscape plan:
1. The landscape plan shall be redesigned and presented to staff and one member of
the Design Review Board to reflect the following changes: The Red Twig
Dogwoods at the entry shall be replaced with a dwarf variety in order to maintain
the sight vision triangle. The Honey Locust indicated to be 2 Y2-inch caliper shall
be replaced with a 3-inch caliper Honey Locust. The center Norway Spruce most
adjacent to the building shall be eliminated.
Staff defers comment regarding the landscape plan date stamped by the City on March 10,
2005, to the Design Review Board.
.
The previous owner submitted plans to the City that were forwarded to the City Engineer for
review. The engineering fees incurred for the project total $655.00 which has never been
paid. The applicant should be required to pay $655.00 for engineering fees incurred by the
City for the engineer's review of this project. The engineering fees should be paid prior to the
City issuing a zoning certificate for this site.
Staff defers comment regarding building design and colors to the Design Review Board.
ST AFF 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 14, 2005, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
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BOARD DECISION:
The Board voted 7 to 0 to approve DR-17-05 for a design review application to demolish an
existing residential dwelling and to construct a new multi-tenant office building for Shadow
Mountain Construction, 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. Provide a revised landscape plan showing two (2) seven foot to nine foot (7' to 9') evergreen trees
planted on this site. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
2. Provide a revised landscape plan showing shade class trees planted every thirty five (35) linear feet of
street frontage on the east side of the existing sidewalk. 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.
3. Provide revised elevation plans showing that the shed and well house will match the construction
materials and colors used in the construction of the new multi-tenant office building. The revised
elevation plans shall be reviewed and approved by staff and one member of the Design Review Board
prior to the City issuing a zoning certificate for this site.
4. The minimum acceptable size for deciduous trees shall be three inch (301) caliper, balled and
burlapped.
S. The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled and
burlapped.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Pay $655.00 for engineering fees incurred by the City for the review of the drainage associated with
the original development of this site. The engineering fees shall be paid prior to the City issuing a
zoning certificate for this site.
8. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. Provide a detailed cut sheet showing the style, color, size, etc. of the proposed bike rack. The detailed
cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this
site.
10. No signs are proposed with this application. A separate design review application (DR-18-05) has been
submitted for the approval of a monument sign for this building. The sign application shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
11. All roof vents shall be painted to match the color of the roof.
12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
13. All overhead utilities that service this site shall be installed underground prior to the City issuing a
certificate of occupancy for this site.
14. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site.
15. Any existing trees that are damaged during the construction process shall be replaced with, new
healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester.
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16. Provide a revised landscape plan showing four inch (4") minus gravel/river rock to be placed in the
drainage swale along the northern boundary of this site. The revised landscape plan shall be reviewed
and approved by staff prior to the City issuing a zoning certificate for this site.
17. Provide revised site and landscape plans coordinating the doors and stoops of all buildings. The
revised site and landscape plans shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
18. Provide a revised landscape plan showing all landscaping continuing to the east side of the sidewalk
adjacent to Palmetto A venue. The revised landscape plan shall be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site.
19. Provide a revised landscape plan showing a clear delineation between the planter beds and the lawn
areas. 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.
20. Provide a revised landscape plan showing how the walkway to the building will be installed around the
large Blue Spruce tree and small pine tree. 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.
21. The Board accepts the revised elevation plans submitted April 14, 2005, showing the well house and
shed to be constructed of stucco to match the materials used in the construction of the new office
building. Provide revised building elevations showing the roof and doors of the well house and shed
to match those to be used in the construction of the building:. The revised elevation plans shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
22. Provide revised elevation plans noting North, South, East, and West. The revised elevation plans shall
be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
23. Provide a revised landscape plan showing the transformer and cable boxes (located near the northwest
corner of the site) to be screened with landscaping. 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 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.
S. 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.
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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
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
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first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. 'The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a 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 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 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 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.
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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 10, 2005.
2. Requests for agencies' reviews were transmitted on March 11, 2005, 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-17-05) 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. Further, the Board concludes that the building meets the criteria
required for the Prairie School architectural style.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C-2 (General Business District) zoning district.
DA TED this 28th day of April 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~
ATTEST:
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