Findings - DR - 2004 - DR-42-04 - Construct A 2-Story 73,908 Sq' Medical Office For St. Als Reg Med Cntr.
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A TWO
STORY MEDICAL OFFICE BUILDING FOR
SAINT ALPHONSUS REGIONAL MEDICAL
CENTER FOR CAMERON DEVELOPMENT
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-42-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 13, 2004. The Eagle Design Review Board having heard and taken oral and written testïmony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cameron Development, represented by James Murray with CSHQA Architects, is requesting
design review approval to construct a two (2) story, 73,908-square foot medical office for Saint
Alphonsus Regional Medical Center. The site is located on the northeast comer of East Riverside
Drive and East Shore Drive within Eagle Riwr Development.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 8, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 19, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development
agreement (including a concept plan) for this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) for this
site.
On May 8,2001, the Eagle City Council approved a final plat (FP-13-01) for this site.
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat
(PPIFP-I-0l) for this site.
E. COMPANION APPLICATIONS: DR-43-04 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle
development agreement) River Development
Proposed No Change No Change Medical Office Building
North of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with development River Development
agreement)
South of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle
development agreement) River Development
East of site Mixed Use MU-DA (Mixed Use with Eagle River Development
development agreement) office building and The
Land Group office building
West ofsite Commercial C-3-DA (Highway Business East Riverside Drive/
District with development Home Federal bank facility
agreement)
G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The site is currently vacant with street trees located adjacent
to East Shore Drive and East Riverside Drive.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 245,660-square feet (5.64-acres) 7,000-square feet (0. 16-acres)
Percentage of Site Devoted to 16% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 41 % (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 368-parking spaces 370-parking spaces (minimum)
Front Setback 326-feet (west) 20-feet (minimum)
Rear Setback 20-feet (east) 20-feet (minimum)
Side Setback 64-feet (north) 20-feet (minimum)
Side Setback 68-feet (south) 20-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a medical office building.
Height and Number of Stories of Proposed Buildings: 35' in height, two stories.
Gross Floor Area of Proposed Buildings: 73,90S-square feet
On and Off-Site Circulation:
A 1O4,263-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway and one 24-foot wide driveway are proposed to be located on the
north side of this site approximately 202-feet and 3-feet west of the east property line respectively,
both providing access to East Riverside Drive. One 30-foot wide driveway is proposed to be
located on the south side of this site approximately 255-feet east of East Riverside Drive providing
access to East Shore Drive.
K. BUILDING DESIGN FEATURES:
Roof: Single-ply membrane/ metal seam roof at entry (gray)
Walls: Sandstone, stucco, ledgestone
Windows/Doors: Aluminum
FascialTrim: Stucco with metal coping
Other: Powder coated steel trellis
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees on this site,
other than street trees located between the sidewalk and the back of curb along the streets abutting
the site.
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
developer.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
Two (2) 192-square foot trash enclosures are proposed to be located within this site, one near the
northeast comer of the site and the other south of the pond within the parking lot area. The
enclosures are proposed to be constructed of CMU block with stone veneer with metal gates, all of
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which will match the materials and colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
with this application and none are approved.
O. OUTDOOR LIGHTING:
Twenty four (24), twenty foot (20') high, one hundred and fifty (150) watt high pressure sodium
shoe box light fixtures are proposed within the parking lot of this site. Fifty six (56), one hundred
and twenty (120) watt halogen light fixtures are proposed to be mounted on the wall of the
building at a height of eight feet (S'). Recessed can light fixtures are proposed within the soffit of
the covered entry features.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-43-04) is
required for the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Sewer District, and
Eagle Fire Department 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 ACQUlSmONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - the site is located within the loo-year and 5OO-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
U. 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.
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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
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from John Swartz, Construction Manager for Eagle River Development, date stamped by
the City on April 8, 2004 (attached).
Letter from Keith Adkins, City Forester, date stamped by the City on May 4, 2004 (attached).
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 8-1-2 ROOF-MOUNTED MECHANICALS:
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
Eagle City Code Section 8-2A-6(A)(5)(b)
.
.
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
Eagle City Code Section 8-2A-6(A)(6)(g)(3)
Roof-mounted mechanicals all vents protruding through the roof and similar features shall be
painted so as to match the color of the roof.
.
Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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.
Eagle City Code Section 8-2A-7(J)(3)(a)
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
.
Eagle City Code Section 8-2A-7(K)(2)
Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located
adjacent to a public right of way. The landscaped strip shall serve to shield views of parked
cars to passing motorists and pedestrians, and to establish coordination among architecturally
diverse buildings, which creates a pleasing, harmonious appearance along the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking lot,
and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way and the
parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35)
linear feet of frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an effective
barrier such that the landscape strip shields the view of parked cars from passing
pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area.
Eagle City Code Section 8-4-5
Offices, medical and dental
.
1 per 200 square feet of gross floor area
Co DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ARTICLE ill - CONDffiONS ON DEVELOPMENT
1.2.7 Parking Lot Screening
To reduce the visual impact of row upon row of parked cars and the glare of headlights
at night, screen parking lots from view along borders with public streets. The creation
of high walls however, should be avoided because of potential security and safety
problems. Maximum screen height is to be three feet or as described in the City of
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Eagle Code 8.2A.7. This enables people to see out and be seen from the street and
cars.
. Parking lot screens may be made of all plant material or a combination of low
walls or earth berms and supplementary plant material.
. The plant material in all-plant walls should be of such a type and number to
reach a height of three and a half (3 112) feet within three years and to be
approximately 75% opaque year round.
. Designs for wall screens shall include some low foundation plant material to
visually soften the wall. Walls may be constructed of wood, masonry, or concrete.
Walls shall be generally sight-obscuring.
. A minimum height of 42 inches is recommended (to hide shiny car bumpers,
metal grilles and headlights) with a maximum height of four (4) feet to permit
visual surveillance to and from the street.
D. DISCUSSION:
.
The applicant is proposing to use roof-mounted mechanical units with the construction of this
building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely
screened from view through the use of the parapet walls. The wall profile study shown on Sheet
A4, date stamped by the City on April 8, 2004, shows that the roof top mechanical units will not
exceed six and one half feet (6 W) in height. The height of the parapet walls as measured from
the roof to the top of the lowest point on the parapet wall will be seven feet (7'). The roof-
mounted mechanical units will be completely screened from view by the parapet walls.
The applicant is showing perimeter landscaping around the entire parking lot adjacent to East
Shore Drive and East Riverside Drive with the exception of the parking area located to the north
and to the northwest of the medical building. Per Eagle City Code, ten (10) shrubs per thirty five
(35) linear feet of frontage are required. The applicant should be required to provide a revised
landscape plan showing a minimum of ten (10) shrubs per thirty five (35) linear feet of frontage
north and northwest of the building between the parking area and East Riverside Drive. The
revised landscape plan should be reviewed and approved by staff and one member of the Design
Review Board prior to the City issuing a zoning certificate for this site.
The applicant is proposing to construct three hundred and sixty eight (368) parking spaces with the
construction of this 73,908-square foot, two (2) story medical office building. Per Eagle City
Code, one (1) parking space is required per two hundred (200) square feet of gross floor area;
therefore, the applicant is required to provide three hundred and seventy (370) parking spaces on
this site. The applicant should be required to provide a revised site and landscape plan indicating
that three hundred and seventy (370) parking spaces are to be constructed with the construction of
this building. The revised site and landscape plan should be reviewed and approved by staff prior
to the City issuing a zoning certificate for this site.
.
.
8
Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
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PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on 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
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Bowen absent) to approve DR-42-04 for a design review application to
construct a two (2) story medical office building for Saint Alphonsus Regional Medical Center for
Cameron Development, 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 APPROV AL:
1. Provide a revised landscape plan showing a minimum often (10) shrubs per thirty five (35) linear feet
of frontage north and northwest of the building between the parking area and East Riverside Drive.
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 site and landscape plan indicating three hundred and seventy (370) parking spaces
are to be constructed with this building. The revised site and landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
3. Provide a revised landscape plan showing evergreen plant material planted around the southern trash
enclosure (located south of the pond) to screen the trash enclosure. 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.
4, Provide a revised landscape plan showing a pedestrian connection from East Riverside Drive and East
Shore Drive, per the development agreement for this site on the east side of the proposed building.
The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
5. Provide a revised site plan showing the pedestrian connection near the south stair tower in the same
configuration as the landscape plan date stamped by the City on April 8, 2004. The revised site plan
shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
6. Provide a revised site and landscape plan showing the location of any ground mounted mechanical
units proposed for the single story portion of the building (3,780-square feet approximately) located
near the southeast comer of the building. The revised landscape plan shall show that the ground
mounted mechanical units are screened from view by landscaping. The revised site and 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 the single story portion of the building.
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.
9. No signs are proposed with this application. A separate design review application (DR-43-04) has been
submitted for the approval of a signage for this building. The sign application shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
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10. Provide a revised landscape plan showing the following:
a. The relocation of the five (5) street trees indicated on the landscape plan date stamped by the
City on April 8. 2004. to be relocated. The Board suPports relocating the trees near the pond,
b. Greater plant variety along the south side of the parking lot (which currently shows all Mugo
Pines),
c. The patio area indicated on the site plan date stamped by the City on April 8. 2004. in dashed
lines.
11. All exterior building modifications recommended within the letter dated May 3. 2004. by John Swartz,
Construction Manager of Eagle River Development. are approved.
12. The specific color of the "Dot" element shown to be located within the parapet walls shall be reviewed
and approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
13. The five (5) street trees indicated to be relocated on the landscape plan date stamped by the City on
April 8. 2004. shall be relocated after September and with a mechanical tree spade.
14. The retaining wall proposed to be located on the east side of the patio. which is located near the
northeast comer of the building. shall be constructed of materials and colors that will complement the
building. The materials and colors shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
15. If the project is intended to be phased. the applicant shall provide revised elevation. site. and
landscaping plans showing how the site will be constructed without phase 2. The revised elevation.
site. and landscaping plans shall be reviewed and approved by the Design Review Board within three
(3) months of the approval of this application.
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 fmt.
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 fmt.
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
fmt.
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
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letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has rust been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs rust.
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 rust. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
rust.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
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
flTSt. 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 fue hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
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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 flre 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 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 first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
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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 AprilS, 2004.
2. Requests for agencies' reviews were transmitted on April 19, 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-42-O4) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
DATED this 27th day of May 2004.
ATTEST:
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Sharon K. Bergmann, Eagle City lerk
Page 12 of 12
K:\P1amllng DeptlEagle App1icationslDrl2004IDR-42-04 drf.doc