Findings - DR - 2006 - DR-67-06 - Construct A Multi-Tenant Office Building In Winding Creek Subd #1
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MULTI-TENANT )
OFFICE BUILDING WITHIN WINDING CREEK )
SUBDIVISION PHASE 1 FOR ROSEMARY REGNER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-67-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 22, 2006. The 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:
Rosemary Regner, represented by James Gipson with James Gipson Associates, is requesting
design review approval to construct a 2,125-square foot multi-tenant office building. The site is
located on the south side of East Winding Creek Drive approximately 700-feet northwest of East
State Street at 1031 East Winding Creek Drive within Winding Creek Subdivision Phase I.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 8, 2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 9, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 13, 2004, the Eagle City Council approved a rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Winding Creek Planned Unit
Development (RZ-6-03/CU-IO-03/PPUD-3-03/PP-6-03)(formerly Trolley Square Subdivision).
On March 16,2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek PUD (DR-OS-04).
On June 22, 2004, the Eagle City Council approved a final development plan and final plat
application for Winding Creek PUD (FPUD-03-04 & FP-05-04).
E. COMPANION APPLICATIONS: DR-6S-06 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial MU-P (Mixed Use ~ Planned Vacant lot within Winding
Unit Development) Creek Subdivision
Proposed No Change No Change Multi-tenant office
building
North of site Commercial MU-P (Mixed Use - Planned Residential
Unit Development)
South of site Commercial MU-P (Mixed Use - Planned Multi-tenant office
Unit Development) building
East of site Commercial MU-P (Mixed Use - Planned Vacant lot within Winding
Unit Development) Creek
Subdivision/proposed
office building
West of site Commercial MU-P (Mixed Use - Planned Existing Parking
Unit Development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently vacant. Infrastructure improvements such as drainage facilities, utilities,
driveways, trash enclosures, and perimeter landscaping have been completed by the developer of
Winding Creek Subdivision.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site S,263-square feet (.IS-acres) 7,000-square feet (0. I 6-acres)
(minimum)
Percentage of Site Devoted to 26% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 12% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces S-spaces 9-spaces (minimum)
1- space (joint parking agreement)
Front Setback 36-feet (south) 10-feet (minimum per the PUD)
Rear Setback II-feet (north) IO-feet (minimum per the PUD)
Side Setback I7-feet (west) 7.5-feet (minimum per the PUD)
Side Setback 9- feet (east) 7.5-feet (minimum per the PUD)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One multi-tenant office building
Height and Number of Stories of Proposed Buildings:
Single story, I6-feet in height
Gross Floor Area of Proposed Buildings:
2,125-gross square feet
On and Off-Site Circulation:
Driveways, parking, and curbs for the existing buildings within Winding Creek Subdivision
Phase I have been completed. The applicant for the subject site will complete the access
driveway on the west side of the site, the twenty-four foot (24 ') wide shared driveway located
south of the building, and the proposed eight parking spaces including the curbs.
Parking:
Nine (9) parking spaces should be provided on the site to meet the required parking for
business and professional office in the code. The applicant proposes eight (S) on-site parking
spaces. City code allows the option of entering into a joint/collective parking agreement with
adjacent neighbors or to provide a cash in lieu payment to the City to fulfill the sites parking
requirements. The applicant has agreed to use one of the two options to fulfill the sites
parking requirements.
K. BUILDING DESIGN FEATURES:
Roof: Architectural fiberglass shingles (Onyx Black)
Walls: Stucco (Rustic Rust) and stone veneer (Olympus Ledge Canyon)
Windows/Doors: Vinyl frames (Tan)
Doors: Metal (Bronze)
Fascia/Soffit: Wood (Tan-"Bohemian")
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are no existing trees on the site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number):
To be reviewed by the Design Review Board and City Forester.
Street Trees:
Street trees along East Winding Creek Drive were reviewed and approved with the common
area landscaping of Winding Creek PUD (DR-OS-04). The developer of Winding Creek
Subdivision has already planted these trees.
Maintenance Provisions and Proposed Irrigation Methods:
Automatic irrigation required and provided by the applicant
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been proposed on the south, east, or west perimeter of
the parking lot because this site will be integrated with the properties to the south,
east, and west providing cross access between parcels.
b. Interior Landscaping:
0% interior landscaping is required; a minimum of 6% is proposed.
M. TRASH ENCLOSURES:
A shared trash enclosure for this building is located approximately 250-feet to the east subject site.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with a four-foot, four-inch (4' -4") high wall and
landscaping. The wall consists of culture stone with a concrete cap that matches the building.
Black metal gates, located on the north and south sides, give access to the equipment.
O. OUTDOOR LIGHTING:
The applicant will install one parking lot light pole which is consistent with the lights that were
reviewed and approved with the common area landscaping of Winding Creek PUD (DR-OS-04).
The applicant proposes ten (10) recessed can lights with 75-watt incandescent indoor/outdoor
bulbs within the soffit around the building. The circular light trim piece will be painted tan to
match the color of the soffit. Each entrance to the building is emphasized with a gable roof and
stone columns. The applicant proposes one wall mounted (Newport 21 st Century Edition -Bronze)
light on each column.
P. SIGNAGE:
No signs have been proposed with this application. A separate design review application has been
submitted for review and approval of a master sign plan (DR-68-06).
Q. PUBLIC SERVICES A V AILABLE: Approved with the development of Winding Creek East
Subdivision Phase I.
R. PUBLIC USES PROPOSED: None
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
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 - no
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
N/A
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein and
attached to the staff report. Comments, which appear to be of special concern, are noted below:
Central District Health Department
Chevron
Department of Environmental Quality
Idaho Power
W. LETTERS FROM THE PUBLIC:
Letter from Ron Bath, Manager of Retail Development of North America, date stamped by the
City on June 8, 2006 (incorporated herein by reference and attached to the staff report).
STAFF ANALYSIS:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
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. Eagle City Code Section 8-2A-6(B)(5)(c) states in part
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(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 8-4-4-3(A)(1-6)
A. Off street parking spaces required by this chapter for any specific use shall not be considered
as providing parking spaces for any other use except where a joint/collective parking facility
has been approved pursuant to the following:
I. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by the
applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1 A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in
operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
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b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modifY, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in an
effort to assure compliance with this title.
. Eagle City Code Section 8-4-4-5 (PARKING IN LIEU PAYMENTS)
Within the central business district, as defined by the City of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use, the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty (20) spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
. Eagle City Code Section 8-4-5
Offices, Business and professional
1 per 250 square feet of gross floor area
C. DISCUSSION:
. The applicant seeks approval of one 2, 1 25-square foot multi-tenant office building to house two
future office uses. The site plan shows the parking spaces on the south side of the building with
both main entrances on the south elevation of the building for easy access. The eastern suite also
has a secondary entrance located on the north side of the building. The building has been designed
in the Prairie School style with its rectangular shape and symmetrical architectural features. The
architect uses a variety of building materials including stucco, stone veneer, and wood
fascia/soffits. Pad mounted mechanical equipment is located on the east side of the building
screened by a four-foot, four-inch (4' -4") high stone veneer wall and landscaping. The applicant
has also placed a bike rack between the parking spaces and the mechanical equipment wall. Staff
has received a letter of approval from the Retail Development of North America Design Review
Committee.
. The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is
required between the property lines and the parking lot and should be planted with a minimum of
one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff's opinion
that because this site will be integrated with the surrounding properties providing cross access
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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, east, and west property
lines.
. The required parking for the multi-tenant office building is nine (9) parking spaces based upon the
codes parking requirement for offices, business and professional (I per 250-square feet of gross
floor area). The applicant has provided eight (S) parking spaces on site. Per Eagle City Code, the
applicant may enter into a joint/collective parking agreement or provide cash in lieu payment to the
City to fulfill the sites parking requirements. The applicant has agreed to choose one of these
options. Should the applicant choose to provide a cash in lieu payment to the City for the one (I)
parking space not constructed on this site a total of $5,700.00 is required to be paid to the City
(based on $5,700.00 per parking space). The joint/collective parking agreement should be
reviewed and approved by the Zoning Administrator or the cash in lieu payment should be
submitted to the City prior to the City issuing a zoning certificate for this site.
. Staff defers comment regarding landscaping 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 June 22, 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 4 to 0 (McCullough and MacDonald absent) to approve DR-67-06 for a design
review application to construct a multi-tenant office building for Rosemary Regner, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Enter into a joint/collective parking agreement or provide a cash in lieu payment to the City for (I)
parking spaces required on this site with the proposed building. Should the applicant choose to
provide a cash in lieu payment to the City for the one (1) parking space not constructed on this site a
total of$5,700.00 is required to be paid to the City (based on $5,700.00 per parking space). A
joint/collective parking agreement shall be reviewed and approved by the Zoning Administrator and
recorded in the Ada County Recorder's office or the cash in lieu payment in the amount of $5,700.00
shall be submitted to the City prior to the City issuing a zoning certificate for this site.
2. All roof vents shall be painted to match the color of the roof.
3. Provide a copy of the written approval of the site grading plan from the developer of Winding Creek
Subdivision Phase 1 prior to the City issuing a zoning certificate for this site.
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4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. No signs are proposed with this application. A separate design review application (DR-68-06) has
been submitted for the master sign plan of this building. The master sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate.
9. Provide a larger color sample of the trim (Bohemian) and a material sample of the cultured stone
(Olympus Ledl!e-Canvon). The color sample and the material sample shall be reviewed and approved
by staff and one member of the Desil!ll Review Board prior to the City issuinl! a zoning certificate for
the site.
10. Provide revised elevations showinl! the roofhanl!s of the buildinl! measurinl! two-feet six-inches (2'-
6") in lieu of the proposed two-feet (2'). The revised elevations shall be reviewed and approved bv
staff and one member of the Design Review Board prior to the City issuinl! a zoninl! certificate for the
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
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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
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,
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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.
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
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 8, 2006.
2. Requests for agencies' reviews were transmitted on June 9, 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-67-06) 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-P (Mixed Use - Planned Unit Development) zoning district.
DATED this 13th day of July 2006.
ATTEST:
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........Sharon K. Bergmann, Eagle City Cler
Page 12 of 12
K:\P13I1ning Dept\Eagle Applications\Dr\2006\DR-67-06 drf.doc