Findings - DR - 2005 - DR-99-05 - Construct An 85,214 Sq' Elementary/Junior High/Galileo Math/Science Magnet School
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT AN )
ELEMENTARY AND JUNIOR HIGH SCHOOL )
FOR MERIDIAN JOINT SCHOOL DISTRICT NO.2)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-99-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 8, 2005. 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:
The Meridian Joint School District No.2, represented by Wayne Thowless with LKV Architects,
is requesting design review approval to construct an 85,214-square foot elementary and junior high
school for the Galileo Math and Science Magnet School. The site is located on the east side of
North Linder Road approximately 1,700-feet north of West State Street on Lot I, Block 3, of
Senora Creek Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 28, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 9, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-100-05 (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 Public/Semi-public PS-DA (Public/Semi-public Vacant
with development agreement)
Proposed No Change No Change Elementary/Junior High
School
North ofsite Residential Three R-4-DA (Residential four Senora Creek Subdivision
with development agreement)
South of site Residential Three R-2-DA (Residential two with Sedona Creek Subdivision
development agreement)
East of site Residential Three R-4-DA (Residential four Senora Creek Subdivision
with development agreement)
West of site Residential Two RR (Rural Residential - Ada Agricultural
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
I. SITE DESIGN INFORMATION:
Site Data Proposed
Total Acreage of Site 464,420-square feet (1O.66-acres)
Percentage of Site Devoted to Building 18% (approximately)
Coverage
Percentage of Site Devoted to Landscaping 53% (approximately)
Number of Parking Spaces 216-parking spaces
Front Setback 188-feet (north)
Rear Setback 43-feet (south)
Side Setback 136-feet (west)
Side Setback 243-feet (east)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an elementary/junior high school.
Height and Number of Stories of Proposed Buildings:
Classrooms = 24' high; one story.
Gymnasium = 37' high; one story.
Gross Floor Area of Proposed Buildings: 85,214-square feet.
On and Off-Site Circulation:
A 91,250-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway is proposed to be located on the north of this site approximately
237-feet east of Linder Road, a second 28-foot wide driveway is proposed to be located on the
north side of this site approximately 490-feet east of Linder Road. Both driveways provide access
to West Saguaro Drive.
K. BUILDING DESIGN FEATURES:
Roof: Architectural Grade Textured Composition Shingles (Barkwood)
Walls: Clay Brick (Copperstone, Monterey, Arctic White)
WindowslDoors: Steel (Colonial Red)
FasciafTrim: Prefinished steel (Colonial Red)
Other: Canopy Trusses (Colonial Red), Entrance Canopy (Kalwall), Prefinished steel gable wall
vents (Colonial Red)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along West Saguaro Drive were installed with the improvements of
Senora Creek Subdivision. The applicant is proposing to install trees along the frontage of North
Linder Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been around the perimeter of both parking lots.
b. Interior Landscaping: 1O% interior landscaping is required, 1O% is proposed.
M. TRASH ENCLOSURES:
One 240-square foot trash enclosure is proposed to be located along the south side of the building
approximately 70-feet north of the south property line. The enclosure is proposed to be
constructed of clay brick and painted steel gates, all of which will match the materials and colors
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used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units and a ground mounted cooling tower.
The roof top mechanical units are proposed to be located within a well within the roof and
completely screened by the roof. The ground mounted cooling tower is proposed to be located on
the south side of the building within an enclosure constructed of clay brick with metal gates, all of
which will match the materials and colors used in the construction of the building.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage has been submitted with
this application. The proposed light fixtures appear to meet Eagle City Code with regard to the
lamp and lens being screened from view, however, the type of luminaries to be used has not been
specified. The type of luminaries to be used shall 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:
A preliminary approval letter from Eagle Fire Department has 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 - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
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 incorporated herein by
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reference. Comments, which appear to be of special concern, are noted below:
Eagle Fire Department
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, date stamped by the City on November 21, 2005
(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 Public/Semi-Public.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6(B)(6):
Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to
a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other
locations. Additional height may be permitted if a conditional use permit is approved by the
city council.
· 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(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(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.
. Eagle City Code Section 8-2A-7(K)(2)(b):
Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: I slope) within
a ten foot (1O') 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.
· Eagle City Code Section 8-2A-7(K)(4)(b)(I):
No interior planter shall be less than five feet (5') in any dimension.
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C. DISCUSSION:
· The applicant is proposing to construct an elementary/junior school with a gymnasium. On the
elevation plans date stamped by the City on October 28, 2005, the gymnasium is shown to be
thirty seven feet (37') high. Per Eagle City Code, thirty five feet (35') is the maximum height for
buildings within the City of Eagle unless a conditional use permit is applied for and approved by
the City Council. The applicant should be required to provide revised building elevations showing
the height of the building does not exceed thirty five feet (35'). The revised building elevations
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 trash enclosure is proposed to be located on the south side of the building within an enclosure
that is attached to the enclosure that screens the cooling tower. Landscaping is proposed to be
located on the east side of the enclosure while no landscaping has been proposed on the west side
of the enclosure. Per Eagle City Code, trash enclosures are required to be screened from a
residential activity or public street right-of-way by a five foot (5') wide by six foot (6') high
landscape buffer. The trash enclosure is located approximately three hundred feet (300') east of
North Linder Road which has a fifty foot (50') wide landscape berm and a portion of the building
is located between North Linder Road and the enclosure. The trash enclosure is located
approximately sixty feet (60') north of the south property line and there is a fifteen foot (15') wide
landscape strip between the property line and the trash enclosure. It is staffs opinion that between
the landscape berm along North Linder Road and the landscape strip along the south property line
that the trash enclosure will be screened from view per Eagle City Code.
· The landscape plan date stamped by the City on October 28,2005, shows a ten foot (10') wide to
fifteen foot (15') wide landscape strip with a thirty inch (30") high berm between the two (2)
parking lots and West Saguaro Drive. Per Eagle City Code, a thirty inch (30") high berm within a
ten foot (1O') wide landscaped strip is required between the right-of-way and the parking lot, to be
planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings. The applicant should be required to provide a revised
landscape plan showing a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage between the two (2) parking lots and West Saguaro Drive. The revised landscape
plan should be reviewed and approved by staff and one member of the Design Review Board prior
to the City issuing a zoning certificate for this site.
· The landscape plan date stamped by the City on October 28,2005, shows a four foot (4') wide by
one hundred thirty foot (130') long landscape planter located adjacent to the southern ninety
degree (900) parking spaces located within the eastern parking lot. Per Eagle City Code, no
interior planter may be less than five feet (5') in any dimension. The applicant should be required
to provide a revised landscape plan showing all landscape planters within the eastern parking lot to
be a minimum of five feet (5') in any dimension. The revised landscape plan should be reviewed
and approved by staff prior to the City issuing a zoning certificate for this site.
· The landscape plan date stamped by the City on October 28, 2005, shows a ten foot (10') wide
landscape strip to be located between the five foot (5') wide pathway and the north, east, and south
property lines adjacent to the play ground area (east of the building) to be planted with a mix of
deciduous and evergreen trees. The landscape plan indicates that there will be a thirty inch (30")
berm and that grass will be planted under the deciduous and evergreen trees located within this ten
foot (10') wide landscape strip. It is staffs opinion that planting grass under the evergreen trees
will create a maintenance issue as observe on other school sites that have planted grass under the
evergreen trees. The applicant should be required to provide a revised landscape plan showing the
ten foot (10') wide landscape strip located between the five foot (5') wide pathway and the north,
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east, and south property lines adjacent to the play ground area (east of the building) to be a planter
bed with deciduous and evergreen trees planted with shrubs planted under the deciduous trees. No
grass should be planted within the ten foot (1O') wide landscape strip. 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 landscape plan (Sheet L1.0) date stamped by the City on October 28, 2005, shows two (2)
trees planted within the landscape islands located within the parking lot (as required within Eagle
City Code), however, the electrical plan (Sheet E-1.0) date stamped by the City on October 28,
2005, shows only one tree located within the landscape islands and shows the light pole fixtures to
be located where a tree is required within the landscape islands. The applicant should be required
to provide a revised electrical plan showing the parking lot light fixtures to be located within the
landscape islands in a location that does not conflict with a tree that is required. The revised
electrical plan should be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on December 8, 2005, 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 (McCullough absent) to approve DR-99-05 for a design review application
to construct an elementary and junior high school for Meridian Joint School District No.2, with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide revised building elevations showing the height of the building does not exceed thirty five feet
(35'). The revised building elevations shall be reviewed and approved by staff and one member of the
Design Review Board prior to the City issuing a zoning certificate for this site.
2. Provide a revised landscape plan showing a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage between the two (2) parking lots and West Saguaro Drive. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the City issuing a zoning certificate for this site.
3. Provide a revised landscape plan showing all landscape planters within the eastern parking lot to be a
minimum of five feet (5') in any dimension. The revised landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
4. Previae a revisea laRElseape plaR sHowiRg tHe tea teet (10') wiEle laa8scape stripleeatea eetweea tHe
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five f-eet (5') Y/iee patln'lay aHe the Hotth, east, aHe sOHth preperty liHes adjaeeHt te the play grmmd
area (east of the slIileiHg) to Be a plaHter Bed with eeeidlloHs aHe evergr-eeH trees plaHtee with shFllss
fllaHled IIREler the decidlwlIS trees. Ne grass shall be fllaRted withiR the ten f-eet (10') wide laRdseape
strip. The revised landscape plaH ShEllIld Be reviewed aHd llflprevee BY staff aHd ene memBer ef the
Design Review Beard prior te the City iSSlliHg a zeHiHg eettifieate fur this site.
5. Provide a revised electrical plan showing the parking lot light fixtures to be located within the
landscape islands in a location that does not conflict with a tree that is required. The revised electrical
plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
6. Provide a revised landscape plan showing all deciduous and flowering trees to be a minimum of three
inch (3") caliper. The revised landscape plan shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
7. Provide detail cut sheets or drawings indicating the material, colors, and size to be used in the
construction of the benches located within the plaza area. The detailed cut sheets or drawings shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
8. Any future building additions, patio coverings, greenhouse buildings, etc. shall be reviewed and
approved by the City prior to any buildings being constructed on this site.
9. Any flag poles shall not exceed thirty five feet (35') in height, including any concrete base they are
located on.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. No signs are proposed with this application. A separate design review application (DR-100-05) has
been submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
14. The height of the brown powder coated chainlink fence, proposed around the plav ground area. shall
not exceed the height of the existing vinvl fence of the adiacent subdivisions.
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
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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.
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.
1O. 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.
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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 first.
IS. 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/
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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:
I. The application for this item was received by the City of Eagle on October 28, 2005.
2. Requests for agencies' reviews were transmitted on November 9, 2005, 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-99-05) 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 PS-DA (Public/Semi-Public with development agreement) zoning district.
5. The Board supports the elevation of the building in its entirety with the thirty seven foot (37') overall
height. The Board believes that the architectural appeal of the building would be hindered to
accommodate a maximum height of thirty five feet (35') as required pursuant to Eagle City Code.
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DATED this 22nd day of December 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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