Findings - DR - 2004 - DR-85-04 - Construct 5152 Sq' Multi-Tenant Office Building/825 E. State Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW FOR A MUTLI-TENANT OFFICE
BUILDING FOR KITTYHA WK INVESTMENTS
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-85-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 12, 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:
Kittyhawk Investments, represented by Billy Ray Strite with BRS Architects, is requesting design
review approval to construct a 5, 1 52-square foot multi-tenant office building. The site is located
south of East State Street where Palmetto A venue intersects East State Street at 825 East State
Street (Lot 6, Block 1, Periwinkle Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 8, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 9, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 23, 2002, the Eagle City Council approved a design review application for an office
building (located to the west of this site) (DR-33-02). Parking lot and a portion of the streetscape
improvements were installed on this property with the construction of the office building located to
the west of this site.
E. COMPANION APPLICATIONS: DR-86-04 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use MU (Mixed Use District) Office Building proposed
to be demolished
Proposed No Change No Change Multi-tenant Office
Building
North of site General Business District C-2 (General Business Eagle Sewer District Office
District) Building
South of site Mixed Use MU (Mixed Use District) Eagle Mini Storage
East of site Mixed Use MU (Mixed Use District) Office Building
West of site Central Business District CBD (Central Business Wright Brothers the
District) Building Company Office
Building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS: There is a 3,800-square foot office building that the
applicant will demolish. There are four (4) existing trees located on the north side of the existing
building which the applicant will retain one (l) of the four (4)
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 46,S62-square feet (1.06-acres) 7,000-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 11 % (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 67% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 31-parking spaces * 21-parking spaces (minimum)
Front Setback 91-feet (north) 20-feet (minimum)
Rear Setback 210-feet (south) 20-feet (minimum)
Side Setback 9-feet (west) 7.5-feet (minimum)
S ide Setback 50-feet (east) 7.5-feet (minimum)
* Note: Nine (9) of the thirty-one (31) parking spaces on this site were required with the construction of the office building
located to the west of this site.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant office building.
Height and Number of Stories of Proposed Buildings: 27' high, one story.
Gross Floor Area of Proposed Buildings: 5, 152-square feet.
On and Off-Site Circulation:
A 1O,S97-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 27-foot wide driveway (shared with the property to the east) is to be located adjacent to
the east property line of this site providing access to East State Street. One 32-foot wide driveway
(located on the property to the west) has been constructed and provides access to East State Street.
K. BUILDING DESIGN FEATURES:
Roof: Standing seam metal roof (copper)
Walls: Stucco (tatami tan, cotton)
Windows/Doors: Aluminum (garnet)
Fasciaffrim: Stucco (beige)
Other: Stone wainscoting (European castlestone), Fabric awnings (tan)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are four (4) existing trees on this site
of which the applicant is proposing to retain and protect one (1).
Tree Replacement Calculations: The applicant is to remove three (3) of the four (4) trees located
on the north side of the existing office building. The three (3) trees have been determined to be
one (1) - ten inch (10") honey locust tree with a value of $1,887.00, one (1) - seven inch (7")
maple tree with a value of $986.00, and one (1) maple tree that has no value due to severe damage
to the canopy. The applicant is required to submit to the City Tree Fund a monetary amount of
$2,873.00, for the removal of the two (2) trees that have been assigned a value.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: Two (2) street trees have been installed on the north side of the meandering sidewalk
adjacent to East State Street. The applicant is to install two (2) additional street trees on the south
side of the meandering sidewalk.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping will not be installed around the perimeter of the parking
lot because this site will be integrated with the surrounding properties providing
cross access between parcels.
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b. Interior Landscaping: 8% interior landscaping is required, 10% will be installed.
M. TRASH ENCLOSURES:
One 120-square foot trash enclosure has been constructed on the southeast comer of the property
located to the west of this site. The enclosure was constructed of CMU block with a stucco finish
with metal gates, all of which match the colors used in the construction of the existing office
building.
N. MECHANICAL UNITS:
The applicant will use roof-top mechanical units. The roof-top mechanical units will be screened
by the parapet walls. No ground mounted mechanical units are proposed with this application and
none are approved.
O. OUTDOOR LIGHTING:
The historic street lights adjacent to East State Street (in front of this multi-tenant office building),
as well as the parking lot light fixtures in the parking area located south of the building, were
installed with the construction of the office building located to the west of this site. The applicant
is to install two different styles of wall mounted lights. One wall mounted light fixture is 1O0-watt
high pressure sodium and directs all the light downward, while the other light fixture is 1O0-watt
high pressure sodium and washes the wall with up light and down light.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-86-04) has
been submitted for the approval of a master sign plan.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
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
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U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. 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
United Water Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated July 26,2004 (is 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 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)(S)(b)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
.
Eagle City Code Section 8-2A-6(A)(S)(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.
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.
Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection Cl of this section.
.
Eagle City Code Section 8-2A-7(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: I
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 fe~t of frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative
block or concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval
representing that the overall planting design, at the time of planting, results in
an effective barrier such that the landscape strip shields the view of parked
cars from passing pedestrians and motorists; and
.
(B) Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area.
Eagle City Code Section 8-2A-7(K)(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.
C. DISCUSSION:
.
There are overhead power lines located on this site's north property line along East State Street.
Per Eagle City Code, all electrical and telephone service system are required to be installed
underground. The applicant should be required to remove the utility poles and install the
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.
power/phone lines underground. The utility poles and overhead power/phone lines should be
removed and installed underground prior to issuance of a certificate of occupancy for this building
constructed on Lot 6, Block 1, of Periwinkle Subdivision.
The applicant is proposing to remove three (3) of the four (4) trees located on the north side of the
existing office building. The three (3) trees have been determined to be one (1) - ten inch (10")
honey locust tree with a value of $1,887.00, one (1) - seven inch (7") maple tree with a value of
$986.00, and one (1) maple tree that has no value due to severe damage to the canopy. The
applicant is required to submit to the City Tree Fund a monetary amount of $2,873.00, for the
removal of the two (2) trees that have been assigned a value. The monetary amount should be
submitted to the City prior to the City issuing a zoning certificate for this site.
.
The landscape plan date stamped by the City on July 20, 2004, shows a fifteen foot (15') wide
landscape strip between the meandering sidewalk and the back of curb within the parking lot.
Other than grass, no shrub material has been proposed in this area. Per Eagle City Code, a
landscape strip is required to be planted when a parking lot is located adjacent to a public right of
way. The landscape strip is to shield the view of parked cars to passing motorists and pedestrians,
and to establish coordination among architecturally diverse buildings, which creates pleasing,
harmonious appearance along the roadway. The applicant should be required to provide a revised
landscape plan showing plant material that will grow to a height and size that will screen the view
of the parked cars on the north side of the building from passing motorists and pedestrians along
East State Street. The revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is
required between the property lines and the parking lot and should be planted with a minimum of
one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff's opinion
that because this site will be integrated with the surrounding properties providing cross access
between parcels and because the landscape buffer requirements of Eagle City Code require
extensive landscaping to buffer the parking lot from the public right-of-way that the applicant
should not be required to provide a perimeter landscape strip on the west property line.
.
.
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 August 12,2004, 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).
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BOARD DECISION:
The Board voted 3 to 0 (Bowen and Floegel absent, Grubb abstained) to approve DR-85-04 for a
design review application for a multi-tenant office building for Kittyhawk Investments, 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 the addition of seventeen inches (17") of tree caliper to be
planted on site or s£ubmit to the City Tree Fund a monetary amount of $2,873.00, for the removal of
the two (2) trees that have been assigned a value (pursuant to letter from Keith Atkins, City Forester).
The revised landscape plan shall re reviewed and approved by staff and one member of the Design
Review Board or t+he monetary amount shall be submitted to the City prior to the City issuing a
zoning certificate for this site.
2. Provide a revised landscape plan showing plant material that will grow to a height and size that will
screen the view of the parked cars on the north side of the building from passing motorists and
pedestrians along East State Street. 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 cross-access agreements between this site and the properties to the east and west. The cross
access agreements shall be reviewed and approved by the Zoning Administrator and shall be recorded
in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site.
4. Remove the utility poles and install the power/phone lines underground. The utility poles and
overhead power/phone lines shall be removed and installed underground prior to issuance of a
certificate of occupancy for this building constructed on Lot 6, Block 1, of Periwinkle Subdivision.
S. Provide a revised landscape plan showing pedestrian amenities (i.e.: public art, landscape treatment,
seating, bike racks, etc.) within the plaza area located on the north side of the building. The applicant
shall be required to provide detailed cut sheets of the proposed pedestrian amenities. The revised
landscape plan and detailed cut sheets shall be reviewed and approved by staff prior to issuance of a
building permit.
6. Provide a revised landscape plan ~howing the street trees to be stager thirty five feet (35') on center on
both the north and south sides of the meandering sidewalk located adjacent to East State Street. The
revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
7. Provide a copy of a license agreement from the Ada County Highway District allowing any
improvements to be constructed or placed within the right-of-way of State Street. The license
agreement shall be submitted to the City prior to issuance of a building permit.
8. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the tree or at the drip line of the tree (whichever is furthest» to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. Cups or dams should be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever should take place
within the drip line of the trees.
9. Provide an agreement between this site and the property to the west to share the proposed trash
enclosure. The agreement shall be recorded in the Ada County Recorder's office and a copy submitted
to the City prior to the City issuing a zoning certificate for this site.
10. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
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issuance of a building permit.
II. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer (i.e.: drainage).
12. No signs are proposed with this application. A separate design review application (DR-86-04) has been
submitted for the approval of a master sign plan for this building. The master sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
13. Provide revised elevation plans showing the addition of a window on the east building elevation and
the addition of fabric awnings (or similar) above the two (2) man doors on the south building
elevation. 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.
14. Provide a revised landscape plan showing Green Spire Linden trees to be planted in place of the Ash
trees. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
15. Provide a revised elevation plan indicating the exterior ladder (located on the west building elevation)
to be painted to match the color of the building. The revised elevation plan shall be reviewed and
approved by staff 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 rust.
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.
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
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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 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
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
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 fue 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 fue protection system shall be reviewed and approved by the Eagle Fire Department
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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.
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
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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 July 8, 2004.
2. Requests for agencies' reviews were transmitted on July 9, 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-8S-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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU (Mixed Use District) zoning district.
DATED this 26th day of August 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada C~, Idaho
¿¿.
Eric R. McCullough,
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ATTEST:
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