Findings - DR - 2004 - DR-36-04 - Place A Mobile Office On Site W/1 Drive Up Service Lane/ 100 E. Riverside Drive
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW FOR A TEMPORARY )
MOBILE OFFICE FOR HOME FEDERAL BANK)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-36-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 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:
Home Federal, represented by Russ Powers with Insight Architects, is requesting design review
approval to place a mobile office (pre-manufactured bank facility) on-site with one drive-up
service lane. The site is generally located on the northeast comer of Eagle Road and East
Riverside Drive within the Eagle River Development at 100 East Riverside Drive (Lot 7, Block 1,
Mixed Use Subdivision No.5).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 8, 2004.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 13, 2004, the Eagle City Council approved a conditional use permit (CU-13-03) for a
bank facility with drive up service for this site.
On March 16, 2004, the Eagle City Council approved a design review (DR-3-04) for a bank
facility for this site.
On June 23, 2004, the Eagle City Council approved a conditional use permit (CU-2-04) for a
mobile office with drive up service.
D. COMPANION APPLICATIONS: DR-34-04 (design review sign application)
Page 1 of 11
K:\P1anning DeptlEagle Applit;atíonslDrl2004\DR-36-04 drf.OOc
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
Proposed No Change No Change Temporary mobile office
(Bank Facility) with one
drive up service lane
North of site Commercial C-3-DA (Highway Business Wendy's Restaurant with
District with Development one drive-thru service lane
Agreement)
South of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
West of site Public I Semi-Public & C-l (Neighborhood Business Eagle Road & North
Commercial District) Channel Center
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
G. EXISTING SITE CHARACTERISTICS:
The parcel is currently vacant, with partial parking and drive aisle improvements completed with
the construction of the Wendy's fast food restaurant on the parcel to the north. Landscaping has
been completed on the western boundary (improved with the development of the Eagle River
Commercial development).
Page 2 of 11
K:\P1anning DeptlEagle Applit:ationslDrl2004\DR-36-04 drf.OOc
H. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.63-acres (27,390-square feet) 0.03-acres (1,300-square feet)
minimum
Percentage of Site Devoted to 3.2% (approximately) 92% - (maximum - or as may be
Building Coverage limited by ECC requirements)
Percentage of Site Devoted to 4,3% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 17 -spaces 5-spaces, plus queue space for
four cars per the drive up
window
Front Setback 29-feet (south) O-feet minimum
Rear Setback O-feet (north) O-feet minimum
Side Setback 17 -feet (east) O-feet minimum
Side Setback 390-feet (west) O-feet minimum
I. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The temporary placement of one (1) mobile office for the operation of a bank facility, with
one (1) drive-up service lane, is to be used during the construction of the permanent
facility approved for this site.
Height and Number of Stories of Proposed Buildings:
A single story modular unit, measuring eleven-feet, four-inches (11' - 4") in height from
the average ground level adjacent to the building to the peak of the roof to be placed on
site.
Gross Floor Area of Proposed Buildings: 885-square feet
On and Off-Site Circulation:
The shared parking lot is to be served by three (3) shared driveways (through reciprocal
ingress-egress easements among the adjacent lots); two (2) accessing East Riverside Drive
to the east and southeast, and one (1) accessing East Eagle River Street to the north. The
temporary single drive up service lane located on the west side of the modular unit will be
accessed by traveling south from the parking lot and entering a two-lane drive aisle
accessing the northerly driveway on East Riverside Drive.
J. BUll.DING DESIGN FEATURES:
Roof: Asphalt shingles (white)
Walls: Wood siding (bridgewood)
WindowsIDoors: Vinyl windows (white), metal doors (cream)
Page 3 of 11
K:\P1anning DeptlEagle Applit;ationslDrl2004\DR-36-04 drf.doc
Fascialfrim: Wood fascia (cream)
K. 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 street trees within Eagle River Development were previously installed by the
developers.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been proposed around the perimeter of the
parking lot because this site will be integrated with the surrounding properties
providing cross access between parcels.
b. Interior Landscaping: 0% interior landscaping is required, 10% is proposed.
L. TRASH ENCLOSURES:
One 120-square foot trash enclosure to be located near the southeast comer of the site
approximately 30-feet northwest of the driveway on East Riverside Drive. The enclosure is to be
constructed of CMU with stone veneer and with metal gates, all of which will match the building.
M. MECHANICAL UNITS:
A wall mounted mechanical unit is to be located on the east building elevation of the temporary
bank facility. The applicant is to install screen walls on the north and south sides of the wall
mounted mechanical unit, however, no screen wall is proposed on the east elevation. The
applicant should be required to paint the wall mounted mechanical unit to match the color of the
building. No ground mounted or roof-top mechanical units are proposed with this application and
none are approved.
N. OUTDOOR LIGHTING:
Four (4), twenty foot (20') high, one hundred and fifty (150) watt high pressure sodium shoe box
light fixtures exist within the parking lot for this site. No building lighting, other than recessed
soffit lighting, is proposed with this application and none is approved.
O. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-34-04) is
required for the approval of any signs.
P. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Page 4 of 11
K:\Planoing DeptlEagle ApplicationslDrl2004\DR-36-04 drf.OOc
Eagle Sewer District have not 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.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - the site is located within the 1O0-year and 500-year floodplain
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
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan was provided to and reviewed by the City Engineer for the
Eagle River Development (a copy is on file with the City Engineer). In addition, because this site
was included within the calculations for the Flood Plain Development Permit (FPDP-5-00) for the
Eagle River Development, this development will not alter previously approved development plans.
U. AGENCY RESPONSES: None
V. LETTERS FROM THE PUBLIC:
Letter from John Swartz, Construction Manager for Eagle River Development, date stamped by
the City on April 8, 2004 (incorporated herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-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 8-4-4-3(F)
Parking angle 90°
Page 5 of 11
K:\P1anning DeptlEagle ApplicationslDrl200:\DR-36-04 drf.OOc
Width of driveway aisle
24-feet
C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The mobile office shall be removed from the site no later than eighteen (18) months from the
issuance of a Zoning Certificate for the mobile office, one year from the date of occupancy of the
mobile office, or prior to the issuance of a certificate of occupancy for the permanent bank facility
(to be constructed on the western portion of this site), whichever occurs first. The property is
subject to the conditions of design review and the conditions noted herein.
D. DISCUSSION:
.
.
On January 13, 2004, and on March 16,2004, the Eagle City Council approved a conditional use
permit and a design review application (respectively) for a 4,520-square foot bank facility with
drive up service for this site (CU-13-03 and DR-3-04). The bank facility was approved to be
located near the western portion of the site. On June 22, 2004, the Eagle City Council approved a
conditional use permit to place an 885-square foot mobile office (pre-manufactured bank facility)
with one drive-up service lane near the east property line of this site (near East Riverside Drive).
The drive-up service lane is proposed to be located on the west building elevation of the mobile
office and accessed by a drive aisle which extends to the north. Sheet LS-l, date stamped by the
City on April 8, 2004, indicates that the drive aisle located north of the northern most parking
spaces on this site is to be twelve feet (12') wide. Per Eagle City Code, the minimum drive aisle
width permitted for 90° parking is twenty four feet (24'). The applicant should be required to
provide a revised site and landscape plan showing the drive aisle located north of the northern
most parking spaces on this site to be a minimum of twenty four feet (24') wide. The revised site
and landscape plans should be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
In addition to providing a twenty four foot (24') wide drive aisle north of the northern most
parking spaces, the applicant should provide a revised site plan indicating some type of barrier
(Le.: concrete curb, parking bumpers, etc.) to be placed on the north side of the twenty four foot
(24') wide drive aisle and on the east side of the drive aisle north of the drive-up service window
on the west side of the building. The revised site plan should be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site.
.
A temporary transformer is proposed to be located near the southeast comer of the building. No
landscaping permanent or temporary has been proposed around the transformer to screen it from
view. The applicant should be required to provide a revised landscape plan showing potted plants
and trees to be placed on the south and west sides of the transformer and a landscape area on the
east side of the transformer so as to screen the transformer from view. 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.
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 July 8, 2004, at which time
the Board made their decision.
Page 6 of 11
K:\P1anning DeptlEagle ApplicationslDrl2004\DR-36-04 drf.OOc
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0 (McCullough and Stanger absent) to approve DR-36-04 for a design
review application to place a mobile office for Home Federal, 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-2-04 (conditional use permit) to place a mobile office
(pre-manufactured bank facility) with one with drive-up service lane.
2. Previae a fe'liseà site aaà laaàseape filaR shewiRg tAe àri'le aisle leeateà BeFtR øf the Rerthem møst
flarkiRg sf)aees ØB this site te Be a miRilÐHm øf tweBty fø1:lr feet (24') wise. The revises site a8à
laødseape fllaøs shall Be Fevie':lea aRà aflflreveà hy sæff flrior to the City issyiBg a zeBiRg eeFtifieate
før this site.
3. Provide a fe';ised site fllan iBdieatiBg søæe tyfIe øfharrier (i.e.: eøBerete e1:lrÐ, parkiRg bHmpers, etc.)
to be plaeeà e8 the Børth side ef the tweBty fe1:lr foot (24') ...áàe Elrive aisle aRà OB the east side of the
drive aisle Berth øf the arive 1:lfl serviee ,:lÏBàøw eB the '....est side øf the h1:lilaiBg. The Fe'lÏseà site filaR
shall he r-evie"lNeà aRB af)f)fØveà By sæff flrier tø the City iSSHiBg a zeBiBg eertifieate før this site.
4. Provide a fe';iseà laaàseaf)e fllaa shev/ÎBg fløtted fllaatG ltB:à t:fees te Be plaeeà øR the se1:lth aRd Vlest
sides ef the tFaasføfHler aaà a laadseape area OR the east side øf the tfaRsføræer 1513 as te sefOOR the
traRsføræer frøæ vie\v. The revised laaàseafle fllaa shall he Fevieweà and af)pre'/eà hy staff aRd øRe
æeæher of the DesigR Review Bear4 flrior te the City iss1:liRg a .zoBiBg eertifieate for this site.
5. Proviàe a strifliBg fIlaR shøv;iBg the tFaffie eiro1:l1atieR flattefR to mitigate peteRtial vehiele eoRfliets
hetweæ BøTtRhe1:lBà 'lehieles aaà the vehiøles leaviBg the àrive 1:lfllaaes fr--om drive aisle Bear the
so1:lthwest eømer ef the æøèile øffiee. The skif)iBg filaR shall he r-eviev;eà aRa af)pre'led hy staff flrior
tø t-ke City iss1:liBg a zoBiBg eertifieate for this site.
6. The wall mounted mechanical unit shall be painted to match the color of the building prior to the City
issuing a certificate of occupancy for this site.
7. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
90 No signs are proposed with this application. A separate design review application (DR-34-04) has been
submitted for the approval of a sign age for this building. The sign application shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
10. Provide revised site and landscape plans showing potted plants to be located on the south side of the
drive aisle located north of the northern most parking spaces on this site. Parking bumpers (fasten to
the ground) shall be placed on the north side of the southern parking spaces located within the northern
most parking area. The revised site and landscape 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.
11. Provide a revised landscape plan showing evergreen or plantings with year-round foliage within the
pots. The revised landscape plan shall be reviewed and approved by staff and one member of the
Page 7 of 11
K:\P1anning DeptlEagle Applications\Dr\2OO<1\DR-36-04 drf.OOc
Design Review Board prior to the City issuing a zoning certificate for this site.
12. Provide a revised site plan showing two (2) additional directional monument signs, indicating traffic
circulation, installed within the landscape islands located near the drive-up service window. The
revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
13. Provide a striping plan showing the traffic circulation pattern through the drive-up service lane. The
striping plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the City issuing a zoning certificate for this site.
14. Provide a revised landscape plan showing the electrical transformer screened from view pursuant to
Eagle City Code. 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 flfSt.
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 flfst. 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.
Page 8 of 11
K:\P1anning DeptlEagle AppJicationslDrl2004\DR-36-04 drf.OOc
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, coyering 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 flfSt.
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
fITst. 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 fITe 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 fITe 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 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.
Page 9 of 11
K:\Plaooiog DeptlEagle ApplicationslDrl2004\DR-36-04 drf.OOc
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, whicheyer 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 flfSt.
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 flfSt.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs flfSt.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
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.
Page 10 of 11
K:\Plannìng DeptlEagle Applit;attunslDrl2004\DR-36-04 drf.do<:
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 8, 2004.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-36-04) 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.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C-3-DA (Highway Business District with development agreement) zoning district.
DATED this 22nd day of July 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
..",U""'""
..' OF B-4 ""
~.,~~ ..".... O<:":""-
I,.~ ... ... V' ~
~ "'.. <>~OR",..... ~
. . O.~ ~A . .
.'u v-. ~
: : ~*:
: * . _.- . -
- . -: :
:. \~SEAL~. :
. ..,,'"' '.. 0 :
'"* ..-1)" <:..<è' e ..
~ ú',>- eo.., ".().".\ "':" "'.~ .."
',,-'" .:~.,. ,," > ...."
#,,-11.." ,,\'J .."
"" .c L. ,< ,.",
"",."""
Page 11 of 11
K:\P1anning DeptlEagle Applit:ationslDrl2004\DR-36-04 drf.OOc