Findings - DR - 2006 - DR-20-06 - Construct A Multi-Tenant Flex Space Building In Ancona Business Park
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MULTI- )
TENANT FLEX SPACE BUILDING WITHIN )
ANCONA BUSINESS PARK FOR RA 55, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-20-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 9, 2006. 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:
RA 55, LLC, represented by Alina Jensen, is requesting design review approval to construct a
7,446-square foot multi-tenant flex space building. The site is located west of South Ancona
Avenue (Lot 4, Block 1, Ancona Business Park) approximately two hundred feet south of
State Highway 44 at 1079 S. Ancona Avenue.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 2,2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 3, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary
plat application for Ancona Business Park (CU-9-0l & PP-6-0l).
On September 9, 2003, the Eagle City Council approved a preliminary plat extension of time
application for Ancona Business Park.
On January 13, 2004, the Eagle City Council approved the common area landscaping plan within
Ancona Business Park (DR-55-03).
On March 16,2004, the Eagle City Council approved a final plat application for Ancona Business
Park (FP-15-03).
E. COMPANION APPLICATIONS: DR-2l-06 (signage for building)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant lot
Proposed No Change No Change Multi-tenant flex space
building
North of site Mixed Use MU (Mixed Use) "Robnett" Building
South of site Mixed Use MU (Mixed Use) Vacant lot within Ancona
Business Park
East of site Mixed Use MU (Mixed Use) Ancona Road/Vacant
West of site Mixed Use MU (Mixed Use) "Bagmaker" building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There are street trees adjacent to Ancona Avenue.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 29,480-square feet (0.68 acre) 7,000-square feet (0.16-acres)
(minimum)
Percentage of Site Devoted to 25% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 3,095-square feet (approximately) 2,948-square feet (minimum)
Landscaping
Number of Parking Spaces 44-parking spaces 43-parking spaces (minimum)
Front Setback (south) 35-feet 20-feet (minimum)
Rear Setback (north) 35-feet 20-feet (minimum)
Side Setback (east) 70-feet 20-feet (minimum)
Side Setback (west) 7.5-feet 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building to be used as a multi-tenant flex space office building.
Height and Number of Stories of Proposed Buildings: 30'9"; one story with mezzanine.
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Gross Floor Area of Proposed Buildings: 1O,750-square feet
On and Off-Site Circulation:
A l4,086-square foot (approximately) paved parking lot provides parking for vehicles using this
site. Two Avenueways will provide access to this site from Ancona Avenue. The north
Avenueway is proposed to be twenty-four feet (24') wide and the south Avenueway is proposed to
be twenty feet (20') wide.
K. BUILDING DESIGN FEATURES:
Roof: Architectural shingles-Pabco roofing "Slate Stone"
Walls: Stucco - Sherwin Williams "Basket Beige" SW 6143/ Wainscot - Owen Coming Cultured
Stone "Lake Tahoe River Rock"
Windows/Doors: Aluminum - Storefront Kawneer "Medium Bronze"
Fascia/Trim: Wood and timbers - Sherwin Williams "Thatch Brown" SW6l45
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are existing trees in the landscape strip adjacent to Ancona Avenue. The applicant should
contact the City Forester regarding the retention and preservation of these trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
See attached Landscape Plan Review from the City Forester.
Street Trees: There are three trees located adjacent to Ancona Avenue.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping consisting of deciduous trees and grass is installed on the east
perimeter of the parking. The applicant is proposing a hard plaza area consisting of
stamped concrete adjacent to the parking area on the west elevation of the building.
The parking area west of the proposed building is located on another lot. The north
and south perimeter will not have perimeter landscaping because the site will be
integrated with the properties to the north and south providing cross access between
parcels.
b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One (1) one-hundred forty (140) square foot trash/mechanical unit enclosure is proposed to be
located adjacent to the north building elevation approximately eighty-five feet (85') west of the
north Avenueway entrance on Ancona Avenue. The enclosure is proposed to be constructed of
eMU masonry block with steel doors all of which will be painted to match the color of the
building.
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N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened within two (2), three-sided enclosures adjacent to the
north elevation of the building.
O. OUTDOOR LIGHTING:
The site plan shows locations of proposed lighting for the development. The photometric plan
indicates the wattage of the proposed lighting. The proposed lighting, height of poles, and wattage
is required to be reviewed and approved by the Zoning Administrator 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 Central District Health Department and Eagle Fire Department
have been received by the City. A water service and sewer approval has not been received to date.
Approval of the water company having jurisdiction and the Eagle Sewer District 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 - yes (see memo from Mike Mongelli included by reference and attached to the staff
report)
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
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
W. LETTERS FROM THE PUBLIC:
Mike Mongelli, Building Official, memo dated January 25, 2006 (incorporated herein by reference
and attached to the staff report).
Keith Atkins, City Forester, letter dated February 20, 2006 (incorporated herein by reference and
attached to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSNE 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)(d)
Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered.
. Eagle City Code Section 8-2A-6(B)(5)(c)
Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color ofthe roof.
· Eagle City Code Section 8-2A-7(J)(2)(c):
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
· Eagle City Code Section 8-2A-7(K)(2)
Parking Lot Landscaping
Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located
adjacent to a public right of way. The landscaped strip shall serve to shield views of parked
cars to passing motorists and pedestrians, and to establish coordination among architecturally
diverse buildings, which creates a pleasing, harmonious appearance along the roadway.
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Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35)
linear feet of frontage, excluding A venueway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: I slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking lot,
and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear
feet of frontage, excluding A venueway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of frontage, excluding Avenueway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way and the
parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35)
linear feet of frontage, excluding Avenueway openings.
. 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.
. Eagle City Code Section 8-2A-7(K)(4)(b)(4)
Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a
height of six feet (6').
. Eagle City Code Section 8-2A-7(K)(4)(b)(5)
A terminal island for a single row of parking spaces shall be landscaped with at least one tree
and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall
contain not less than two (2) trees and shrubs, ground cover, or grass.
. Eagle City Code Section 8-4-4-2(A)(5)
Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
C. DISCUSSION:
· The applicant has designed the building in the "Craftsman" style of architecture. The building
materials to be used in the construction of this building are stucco, cultured stone and wood
timbers. Craftsman architecture calls for woodwork on the building and the applicant has proposed
to use wood in the trim around the windows, doors and fascia. The applicant has incorporated
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timbers into supporting columns for the main entrance gable and the pergolas to be located over
two entrances on the south elevation and the windows on the east and west elevations. The east
and west entrances have gables located over the entrance supported by pedestal-like tapered
columns.
. The applicant has not proposed continuous landscaping around the perimeter of the parking lot on
the north, south, and west boundaries because this site will be integrated with property to the
north, south, and west providing cross access between these 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 north, south and west providing cross access between parcels that the
applicant should not be required to provide a perimeter landscape strip on the north, south, and
west property lines.
. There are three (3) trees and grass existing between the parking lot and Ancona A venue. The
proposed landscaping does not meet the requirements of Eagle City Code for buffering of a
parking lot adjacent to a public street. The applicant should provide a revised landscape plan
showing the landscaping conforming to one of the options in Eagle City Code, Section 8-2A-
7(K)(2). 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.
. The applicant has proposed to use two (2) three-sided enclosures for screening the ground
mounted mechanical units. These enclosures will be located adjacent to the north elevation of the
building. The exposed side of these enclosures will be facing the building and the sidewalk and is
not proposed to be screened with a gate or landscaping. It is staff's opinion that the applicant
should be required to screen the ground mounted mechanical units with gates or landscaping. The
applicant should provide revised site and landscaping plans showing gates or landscaping to be
located on the south side of the mechanical units. The revised plans should be reviewed and
approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate.
. Staff defers comment regarding building design and colors to the Design Review Board.
ST AFF RECOMMENDA nON 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 March 9, 2006, 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 7 to 0 to approve DR-20-06 for a design review application to construct a flex
space office building within Ancona Business Park for RA 55 LLC, 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions ofCU-9-0l and PP-4-0l (conditional use permit and
preliminarily plat of Ancona Business Park).
2. Comply with any applicable conditions ofDR-55-03 (design review application for the common area
landscaping within Ancona Business Park).
3. The applicant shall provide revised site and landscaping plans showing gates or landscaping to be
located on the south side of the mechanical units. The revised plans shall be reviewed and approved by
staff and one member of the Design Review Board prior to the City issuing a zoning certificate.
4. Provide a revised landscape plan showing landscaping between the parking lot and Ancona Avenue
conforming to one of the options within Eagle City Code, section 8-2A-7(K)(2). The revised landscape
plan shall screen the transformer located between the parking lot and Ancona Avenue. The revised
landscape plan shall show separation between planter beds and grass areas. 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.
5. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
6. Provide a detailed cut sheet, showing lighting specifications (height, wattage, screening, etc.) for the
building and the site. The detailed cut sheet shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. All roof vents protruding through the roof shaH be painted to match the color of the roof prior to the
issuance of a certificate of occupancy.
9. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. No signs are proposed with this application. A separate design review application (DR-2l-06) 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.
12. Provide a revised landscape plan showing plant material to be a minimum of six feet (6') high to
screen the trash enclosure. The revised landscape plan shall be reviewed and approved bv staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
13. Provide a revised landscape plan showing stamped concrete to be located on the western end of the
building as indicated bv the ap1Jlicant. The revised landscape plan shall be reviewed and approved bv
staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this
site.
14. Provide revised elevations of the building showing additional detail to the north elevation of the
building (i.e.: stone wainscot. timbers) so as to match the other building elevations. The elevation shall
be approved bv staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
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15. Provide material samples of the timbers as well as the stain to be used on the timbers. The materials
and stain shall be reviewed and approved bv staff and one member of the Design Review Board prior
to the City issuing a zoning certificate for this site.
16. Provide a revised site plan detailing the elevation of the sidewalk on the north elevation of the building
to allow more flexibility to access the bav doors. The revised site plan shall be approved by staff and
two 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
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
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 (I) has
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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 irUure 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
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.
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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 shaH be complied with. All design and construction
shaH 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 oflandscaping (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 February 2, 2006.
2. Requests for agencies' reviews were transmitted on February 3, 2006, 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-20-06) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU (Mixed Use) zoning district.
DATED this 23rd day of March 2006.
ATTEST:
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