Findings - DR - 2004 - DR-100-04 - Construct 3,865 Sq Ft Dental/Medial Office Building/781 E Plaza Drive
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A
DENT AL/MEDICAL OFFICE BUILDING FOR
SYDNEY AND ASSOCIATES LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-IOO-O4
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:
Sydney and Associates LLC, represented by James Murray with CSHQA, are requesting design
review approval to construct a 3,865-square foot dentaVmedical office building. The site is
located on the south side of East Plaza Drive approximately 1/8 mile west of East Iron Eagle Drive
(Lot 17, Block 3, Merrill Subdivision No.2) at 781 East Plaza Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 8, 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 13, 2004, the Eagle City Council approved a design review application for a medical
office building (DR-13-04). This application was withdrawn by the applicant on September 8,
2004.
E. COMPANION APPLICATIONS: DR-1O1-04 (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 DESIGNA nON
Existing Central Business District! CBD (Central Business Vacant with parking lot
Mixed Use District) and MU (Mixed Use) improvements on a portion
of this site
Proposed No change No change Medical Office Building
North of site Central Business District! CBD (Central Business Plaza Drive, Canal, Eagle
Mixed Use District) and MU (Mixed Use) Mini Storage
South of site Central Business District! CBD (Central Business Vacant
Mixed Use District) and MU (Mixed Use)
East of site Mixed Use MU (Mixed Use) Rocky Mountain Fitness
Center
West of site Central Business District CBD (Central Business Vacant
District)
G. DESIGN REVIEW OVERLAY DISTRICT: The western portion of this site is located within the
CEDA (Community Entry Development Area).
H. EXISTING SITE CHARACTERISTICS:
The parking lot improvements, including the drainage, landscape islands, and historic lighting
were installed with the construction of the Rocky Mountain Fitness Center. A five foot (5') wide
meandering sidewalk with one (1) street tree have been installed along East Plaza Drive by the
developer of Rocky Mountain Business Park.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.58-acres (25,392-square feet) 0.0 I-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 16% (approximately) 50% (maximum when located
Building Coverage within the MU zone)
20% (minimum when located
within the CEDA)
85% (maximum when located
within the CEDA)
Percentage of Site Devoted to 52% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 20-parking spaces 20-parking spaces (minimum)
Front Setback 55-feet (north) 20-feet (minimum when located
within the MU zone)
20-feet (maximum when located
within the CEDA)
Rear Setback 35-feet (south) 20-feet (minimum when located
within the MU zone)
Side Setback 124-feet (west) (measured from 7.5-feet (minimum when located
the existing west property line) within the MU zone)
7.5-feet (west) (measured from lO-feet (minimum when located
future property line) within the CEDA)
Side Setback 78-feet (east) 7.5-feet (minimum when located
within the MU zone)
lO-feet (minimum when located
within the CEDA)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for medical offices.
Height and Number of Stories of Proposed Buildings: 21-feet, one story.
Gross Floor Area of Proposed Buildings: 3,865-square feet
On and Off-Site Circulation:
An 8,340-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 29-foot wide shared driveway is located at the northeast corner of this site, providing
access to East Plaza Drive. Cross access between the abutting parcel will provide access to the
east.
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K. BUILDING DESIGN FEATURES:
Roof: Standing seam metal roof (zinc grey)
Walls: Cementitous lap siding with board and batten accents (yosemite sand and springfield tan)
Windows/Doors: Fiberglass windows (white), vinyl cladwood doors (burgundy)
Fascia/Trim: Cementitous board and batten (classic burgundy)
Other: Columns (natural wicker), ledgestone wainscot at walls and columns (carmel country)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are five (5) existing trees of which the applicant is will retain three (3). One (1) of the
trees to be removed has been topped or severely pruned while the other tree has a significant
bend or lean in the tree. The applicant will remove these two (2) trees and replace them with
healthy three inch (3") caliper deciduous trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The developer of the Rocky Mountain Business Park installed one (1) street tree
abutting the parking lot area of this site. The applicant will install four (4) additional street
trees adjacent to this site along East Plaza Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been proposed around the perimeter of the
parking lot because this site will be integrated with the property to the south and
east providing cross access between parcels.
b. Interior Landscaping: 5% interior landscaping is required, 9% will be installed.
M. TRASH ENCLOSURES:
One 80-square foot trash enclosure will be located along the south side of the site approximately
I80-feet south of the driveway on East Plaza Drive. The enclosure will be constructed of CMU
block with metal gates, which will match the colors of the building.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
will be screened with landscaping.
O. OUTDOOR LIGHTING:
The parking lot lighting was installed with the construction of the Rocky Mountain Fitness Center.
Other than soffit lighting and lighting to illuminate the building wall signs, no building lighting is
proposed with this application.
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P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-lOI-04)
has been submitted and is required for the approval of any signs for this site. The sign application
shall be reviewed and approved prior to the City issuing a zoning certificate for this site.
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
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - Boise River Floodplain
Note: Portions of the Merrill Nos. 1 & 2 Subdivisions are located within the Boise River
floodplain. All floodplain and floodway concerns were addressed as a part of the Merrill
Nos. 1 & 2 Subdivisions, and associated floodplain development permit application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes
Mature Trees - Yes, within landscaped strips adjacent to East Plaza Drive
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - 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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
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.
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-5(C)(4)
Where any parcel lies within more than one development area described within Eagle City
Code, the entire parcel shall be considered to be within the development area with the more
restrictive requirements. However, the development of a parcel located within more than one
development area may be permitted using the criteria from each respective district provided
the Design Review Board determines that the more restrictive criteria is not compromised and
that the development is in harmony with the adjacent properties.
.
Eagle City Code Section 8-2A-6(E)(3)(a, b, and d)
a. Front building setbacks from the property line shall be twenty feet (20') minimum.
b. Side building setbacks shall be ten feet (10') minimum.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%)
and a maximum of eighty five percent (85%) in which case off site parking shall be
provided for.
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 C 1 of this section.
.
Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
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:
.
The applicant is proposing to develop only the eastern one hundred-forty three feet (143') of this
parcel. Approximately fifty two feet (52') of the one hundred-forty three feet (143') is located
within the Community Entry Development Area (CEDA). Per Eagle City Code, where any parcel
lies within more than one development area described within Eagle City Code, the entire parcel
shall be considered to be within the development area with the more restrictive requirements.
However, the development of a parcel located within more than one development area may be
permitted using the criteria from each respective district provided the Design Review Board
determines that the more restrictive criteria is not compromised and that the development is in
harmony with the adjacent properties.
With that said, a right-in/right-out road connection located between East Plaza Drive and State
Highway 44 is proposed to be constructed as indicated on Exhibit A (see attached). Although a
portion of this site is located within the CEDA, the entire parcel is a part of Merrill Subdivision
No.2. which has been completely developed with street trees and meandering sidewalks. The
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north side of East Plaza Drive (north of this site) has been completed with curb, gutter, and an
attached five foot (5') wide sidewalk. The drain ditch is located just north of the five foot (5')
wide sidewalk and the Eagle Mini Storage facility is located north of the drain ditch. The north
side of East Plaza Drive will not be reconstructed to provide the streetscape as required within the
CEDA without substantial reconstruction of the drain ditch. On a portion of this site and the site
to the east (Rocky Mountain Fitness Center), the roadway improvements already exist and there is
only one hundred and ninety feet (190') of unimproved streetscape abutting this site. The
streetscape within the entire Merrill Subdivision No.1 and 2 consists of a ten to twenty foot (10 -
20') wide landscape strip planted with street trees with a five foot (5') wide meandering sidewalk
along all the public right-of-ways. It is staff's opinion that the proposed right-in/right-out road
connection between East Plaza Drive and State Highway 44 provides a clear transition between the
streetscape, setbacks, lot coverage, plaza areas, etc. required within the CEDA and the
improvements which already exist within Merrill Subdivision No.2 and are required within the
MU (Mixed Use) zone. With that said, the applicant should not be required to comply with the
streetscape, setbacks, lot coverage, plaza areas, etc. required within the CEDA.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the property to the south and east 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 property to the south and east 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 south and east
property lines.
.
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 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 applicant!representative).
BOARD DECISION:
The Board voted 6 to 0 (Bowen absent) to approve DR-lOO-04 for a design review application to
construct a dentaVmedical office building for Sydney and Associates LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a cross access agreement between this site and the property to the south and east. The cross
access agreement 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.
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2. All roof vents protruding through the roof and similar features shall be painted to match the color of
the roof. The applicant shall be required to paint all roof vents and similar features protruding through
the roof to match the color of the roof.
3. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. No signs are proposed with this application. A separate design review application (DR-lOI-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.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs fIrst.
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
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organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
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
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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
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 8, 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-1O0-04) 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 CBD and MU (central business district and mixed use) zoning district.
5. The Board recognizes that a portion of this site is located within the CEDA (Community Entry
Development Area) which has more restrictive requirements with regard to setbacks, streetscape, and
plaza areas, but concurs with staff to continue the improvements previously established within the
Rocky Mountain Business Park to extend to the proposed right-in/right-out roadway connection west
of this site. The Board recommends that the two (2) remaining parcels (located within the CEDA)
between the proposed right-in/right-out roadway connection and the Rocky Mountain Fitness Center
be allowed to have the same setbacks, streetscape, and plaza area requirements as the Rocky Mountain
Business Park.
DATED this 28th day of October 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
£~n
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