Findings - DR - 2004 - DR-98-04 - Construct 2-2244 Sq Ft Office Buildings / 231 & 219 S Wooddale Ave
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT TWO OFFICE
BUILDINGS FOR JOHN MOODY AND GARY ASIN
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-98-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 14,2004. 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:
John Moody and Gary Asin are requesting design review approval to construct two (2) 2,244-
square foot office buildings. The site is located on the west side of South Wooddale A venue
approximately 145-feet south of Hill Road within Great Sky Subdivision No.7 (Lot 24 and 25,
Block 11, Great Sky Subdivision No.7) at 231 and 219 South Wooddale Avenue.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 2, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 13, 2004, in accordance with the
requirements of the Eagle City Code.
D, HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 10, 2001, the Eagle City Council approved a rezone application with development
agreement for this site (RZ-14-0 1).
On November 13,2001, the Eagle City Council approved a preliminary plat application (PP-9-0l)
for Great Sky Estates Subdivision No.7.
On February 26,2002, the Eagle City Council approved a design review applications (DR-8l-0l)
for the common area landscaping within Great Sky Estates Subdivision No.7.
On April 9, 2002, the Eagle City Council approved a final plat application (FP-2-02) for Great Sky
Estates Subdivision No.7.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA nON DESIGNA nON
Existing Mixed Use MU-DA (Mixed Use with Vacant lots within Great
development agreement) Sky Subdivision No.7
Proposed No change No change Two office buildings
North of site Mixed Use MU-DA (Mixed Use with Vacant lot within Great
development agreement) Sky Subdivision No.7
South of site Mixed Use MU-DA (Mixed Use with Common area lot within
development agreement) Great Sky Subdivision No.
7
East of site Mixed Use MU-DA-P (Mixed Use with Vacant lot within Picadilly
development agreement PUD) Subdivision
West of site Mixed Use MU-DA (Mixed Use with Vacant lot within Great
development agreement) Sky Subdivision No.7
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: The drainage, parking lot, curbing, and perimeter landscaping
have been installed within this commercial development.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 4,568-square feet (0.1 05-acres) 4,568-square feet (0.1 05-acres)
(each lot) (per the development agreement)
Percentage of Site Devoted to 49% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 51 % (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 42-parking spaces exist for the 9-parking spaces (minimum for
entire commercial development each building)
41-parking spaces (entire
commercial development based
on 10, 1 88-square feet of
professional office)
Front Setback 20-feet (east) 20-feet (minimum)
Rear Setback lO-feet (west) O-feet (minimum per the
development agreement)
Side Setback 2.5-feet (Lot 24, south) O-feet (minimum per the
lO-feet (Lot 25, south) development agreement)
Side Setback lO-feet (Lot 24, north) O-feet (minimum per the
2.5-feet (lot 25, north) development agreement)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two (2) professional office buildings, one building to be
located on each lot (Lot 24 and 25, Block 11, Great Sky Subdivision No.7).
Height and Number of Stories of Proposed Buildings: Twenty feet high, one story (each building).
Gross Floor Area of Proposed Buildings: 2,244-square feet each building)
On and Off-Site Circulation:
An l8,1O0-square foot (approximately) paved parking lot provides parking for vehicles accessing
Lots 22, 23, 24, and 25, Block 11, Great Sky Subdivision No.7. Two (2) 25-foot wide driveways
are located on the east side of this development. One driveway is located adjacent to the southern
property line of Lot 21, Block 11, and the other driveway is located approximately 187-feet north
of the south property line. Both driveways provide access to South Wooddale A venue.
K. BUILDING DESIGN FEATURES:
Roof: Architectural shingles
Walls: Wood - cottage lap siding; Stucco; Board and Bat
Windows/Doors: Vinyl
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Fascia/Trim: Decorative trusses
L LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located to the west
of the sidewalk located adjacent to South Wooddale Avenue. The applicant will retain all the
existing trees and shrubs located on both lots.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees were installed by the developer of Great Sky Subdivision No.7.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been installed around the entire parking lot of this
site.
b. Interior Landscaping: 8% interior landscaping is required, 8% will be installed.
M. TRASH ENCLOSURES:
One 100-square foot trash enclosure will be located along the west side of the site approximately
200-feet west of the southern driveway on South Wooddale Avenue. The enclosure will be
constructed of CMU walls with vinyl gates.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. No landscaping or screen wall has been
proposed around the ground mounted mechanical units to screen them from view.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V, AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(A)(6)(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(A)(5)
Plant lists or schedules with the botanical and common name, quantity, and spacing and size
of all proposed landscape material at the time of planting.
.
Eagle City Code Section 8-2A-7(A)(7)
Planting and installation details as necessary to ensure conformance with all required
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standards.
.
Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C1 of this section.
.
Eagle City Code Section 8-2A-7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled and
burlapped.
.
Eagle City Code Section 8-2A- 7(E)( 4)
The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled
and burlapped.
.
Eagle City Code Section 8-2A-7(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.
C. DISCUSSION:
.
The site, landscape, and streetscape plan date stamped by the City on September 2, 2004, indicates
the plant material to be installed around the base of the buildings but does not specify the quantity,
spacing, and size of the plant material as required within Eagle City Code. The applicant should
be required to provide a revised landscape plan showing the specific quantity, spacing, and size of
plant material to be planted around the base of these two office buildings. 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 site, landscape, and streetscape plan date stamped by the City on September 2, 2004, indicates
the trash enclosure to be constructed of CMU block with vinyl gates. The applicant should be
required to provide a detailed plan of the trash enclosure showing the materials and colors to be
used in the construction of the enclosure. The detailed plan, materials, and colors 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 site, landscape, and streetscape plan date stamped by the City on September 2, 2004, indicates
that the landscaping around the proposed trash enclosure already exists. City staff inspected the
site and observed that a few shrubs have been planted in close proximity to the trash enclosure
location but the shrubs will not screen the trash enclosure from view. Per Eagle City Code, trash
enclosures are to be screened from view from a residential activity or public street right of way by
a five foot (5') wide by six foot (6') high landscape buffer. The applicant should be required to
provide a revised landscape plan showing the trash enclosure is screened from view by a five foot
(5') wide by six foot (6') high landscape buffer. 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 site, landscape, and streetscape plan date stamped by the City on September 2, 2004, indicates
that the ground mounted mechanical units are to be located between these two buildings (north
.
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.
side of the building located on Lot 24, and the south side of the building located on Lot 25). The
applicant has not proposed any screening or landscaping to screen the mechanical units from view.
Per Eagle City Code, ground mounted mechanical are required to be screened from view by
landscaping. The applicant should be required to provide a revised landscape plan showing the
ground mounted mechanical units screened by landscaping or revised building elevation plans
showing the ground mounted mechanical units screen by a screen wall. The revised landscape
plan or revised building elevation plans should be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
The site, landscape, and streetscape plan date stamped by the City on September 2, 2004, indicates
the three (3) landscape islands located within the parking lot, adjacent to Lot 23, Block 11, are to
be landscaped when a building is proposed on Lot 23. The applicant should be required to provide
a revised landscape plan showing the three (3) landscape islands within the parking lot, adjacent to
Lot 23, Block 11, completely landscaped with the completion of these two (2) office buildings.
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.
ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on October 14, 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 applicantlrepresentative).
BOARD DECISION:
The Board voted 6 to 0 (Bowen absent) to approve DR-98-04 for a design review application to
construct two (2) office building for John Moody and Gary Asin, 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 specific quantity, spacing, and size of plant material to
be planted around the base of these two office buildings. 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. All deciduous trees shall be three inch (3") caliper, balled and burlapped.
3. All evergreen trees shall be six feet to seven feet (6' - 7') balled and burlapped.
4. All roof vents shall be painted to match the color of the roof.
5. Provide a detailed plan of the trash enclosure showing the materials and colors to be used in the
construction of the enclosure. The detailed plan, materials, and colors 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.
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6. Provide a revised landscape plan showing the trash enclosure is screened from view by a five foot (5 ')
wide by six foot (6') high landscape buffer. 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.
7, Provide a revised landscape plan showing the ground mounted mechanical units screened by
landscaping or revised building elevation plans showing the ground mounted mechanical units screen
by a screen wall. The revised landscape plan or revised building 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.
8. Provide a revised landscape plan showing the three (3) landscape islands within the parking lot,
adjacent to Lot 23, Block 11, completely landscaped with the completion of these two (2) office
buildings. 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.
9, 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.
10. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
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 and none are approved.
13. Provide a plan showing the roof drainage for both buildings and where downspouts or chain drops will
be used. The roof drainage plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
14. Provide detailed cut sheets of the parking lot light fixtures showing the wattage, height, style,
luminaries, etc. The detailed cut sheets shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
15. The pad site located to the west of both of these lots (Lot 23, Block 11) shall be filled to the same level
as these two (2) building pads prior to the City issuing a certificate of occupancy for either of these
buildings.
16. Prime trim shall be used for the fascia, not MDF as noted on the elevation plans.
17. Provide a revised landscape plan showing plant material to be planted between the existing
landscaping adjacent to Wooddale Avenue and the eastern building wall of both buildings. The
revised landscape plan shall show additional plant material to be planted between the two (2) buildings
to provide more visual interest. 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.
18. Provide building materials and colors proposed on both buildings. The materials and colors shall be
reviewed and approved by staff and two (2) members 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
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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 fIfSt.
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 fIfst.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
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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.
II. 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 fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc,). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs fIfst.
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 2, 2004.
2. Requests for agencies' reviews were transmitted on September 13, 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-98-04) 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-DA (mixed use with development agreement) zoning district.
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DATED this 28th day of October 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Ér~
ATTEST:
.~
Sharon, . Bergmann, Eagle City Clerk
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