Findings - DR - 2006 - DR-61-06 - Construct A Multi-Tenant Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MULTI-TENANT )
OFFICE BUILDING FOR KITTYHA WK INVESTMENTS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-61-06
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:
Kittyhawk Investments, represented by Joe Rausch with Wright Brothers The Building Company.
is requesting design review approval to construct a 7,400-square foot multi-tenant office building.
The site is located on the south side of East State Street approximately ISO-feet east of Palmetto
A venue at 827 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 7, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 9, 2005, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 23, 2002, the Eagle City Council approved a design review application for an office
building (Phase I of Kittyhawk Plaza) (DR-33-02).
On September 14, 2004, the Eagle City Council approved a design review application for a multi-
tenant office building (Phase II of Kittyhawk Plaza) (DR -85-04).
E. COMPANION APPLICATIONS: DR-62-06 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA nON
Existing Mixed Use MU (Mixed Use) Office Building and two
accessory structures
proposed to be demolished
Proposed No Change No Change Multi-tenant Office
Building
North of site Mixed Use MU-P (Mixed Use PUD) Multi-tenant office
buildings within Winding
Creek Subdivision
South of site Mixed Use MU (Mixed Use) Eagle Mini Storage
East of site Mixed Use MU (Mixed Use) Evans Building Center
West of site Mixed Use MU (Mixed Use) Multi-tenant Office
Building (Kittyhawk II)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is a 1,960-square foot office building, a 960-square foot shop, and an 890-square foot single
wide trailer that the applicant is proposing to demolish or remove from the site. There are four (4)
existing trees located throughout this site which the applicant is proposing to retain one (I) of the
four (4).
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 31,500-square foot (O.72-acres) 7,OOO-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 23% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 42% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 27-parking spaces* 30-parking spaces (minimum)
Front Setback 58-feet (north) 20-feet (minimum)
Rear Setback 28-feet (south) 20-feet (minimum)
Side Setback II-feet (east) 7.S-feet (minimum)
Side Setback 16-feet (west) 7.5-feet (minimum)
* Note: A cross access/parking agreement was completed with the Kittyhawk 1I building which includes all three parcels
adjacent to East State Street as well as the parcel with the storage facility on it. A total of 7 I-parking spaces is required with
all three phases of Kiltyhawk Plaza. a total of 7 I-parking spaces have been constructed or will have been constructed by the
completion of this building.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One multi-tenant office building.
Height and Number of Stories of Proposed Buildings: 26' 6" high; one story.
Gross Floor Area of Proposed Buildings: 7,400-square feet.
On and Off-Site Circulation:
A 1O,682-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide right-inlright-out driveway is proposed to be located 7-feet west of the east
property line providing access to East State Street. One 28-foot wide driveway has been
constructed on the property line of this site and the property to the west providing access to East
State.
K. BUIT-.DING DESIGN FEATURES:
Roof: Standing seem metal roof (copper), Shingle ply (white)
Walls: Stucco (tatami tan, cotton), Stone wainscoting (European castlestone)
Windows/Doors: Aluminum (garnet)
Fasciaffrim: Stucco (beige)
Other: Fabric awnings (tan)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are four (4) existing trees, which the
applicant is proposing to retain one and move one.
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Tree Replacement Calculations: There are four (4) existing trees on this site. The City Forester
has done a tree appraisal on two (2) of the existing trees because the other two (2) trees are more of
overgrown shrubs. The applicant is proposing to retain the 7-inch Honeylocust tree located along
East State Street and move the 8 Y2" Norway Maple tree to be located within a landscape island
located within the parking lot. The City Forester has appraised the Honeylocust tree at $1,780.00
and the Norway Maple tree at $2,550.00. The applicant should contact the City Forester for the
best transplanting practices to ensure the survival of the 8 Y2" Norway Maple.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install street trees along East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
The applicant has proposed perimeter landscaping around the parking lot with the
exception of the west property line which provide cross access to the west and
access to the storage facility.
b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 84-square foot trash enclosure is proposed to be near the southeast comer of the site
approximately 240-feet southeast of the shared driveway on East State Street. The enclosure is
proposed to be constructed of CMU walls with stucco finish and metal gates, all of which will
match the colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, 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 A V AILABLE:
Approval letters from Central District Health Department, Eagle Fire Department, or Eagle Sewer
District have not been received by the City. A water service approval has not been received to
date. Approval of the water company having jurisdiction will be required prior to issuance of a
building permit.
R. PUBLIC USES PROPOSED: None
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S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - 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
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Chevron Pipeline
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Julie Lafferty, City Forester, date stamped by the City on June 15,2006 (incorporated
herein by reference and attached to the staff report).
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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)(b)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical.
and telephone service systems shall be installed underground.
. 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 completelv screened from view throul!h the use of a parapet
wall when utilizinl! a flat roof desil!n or shall be enclosed within the building when utilizing a
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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).
. Eagle City Code Section 8-2A-6(A)(6)(g)(3)
Roof-mounted mechanicals all vents protruding through the roof and similar features shall be
painted so as to match the color of the roof.
. Eagle City Code Section 8-2A-6(G)(6)
Streetlights shall be spaced generally as depicted on the streetlight spacing map included
within the EASD book (exhibit A-2). The specific spacing requirements are listed below and
apply to each side of the street. Streetlights are to be located in alignment across the street
from each other except where noted as "staggered". When the streetlights are to be "staggered"
a streetlight on one side of the street is to be located generally midway between two (2)
streetlights on the other side of the street. Spacing shall still apply to each side of the street.
State Street
Palmetto Avenue to Plaza DrivelHill Road
I 50-feet
. 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 CI of this section.
. Eagle City Code Section 8-2A-7(J)(3)(d)
Chainlink fencing, with slats or otherwise, is prohibited for screening.
. Eagle City Code Section 8-2A-7(K)(3)(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 8-4-4-6 Bicycle Parking:
One bicycle parking space within an approved rack shall be required for each thirty (30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space per
each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in
accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada
County" as prepared for the Ada County highway district with the exception that bicycle racks
do not have to be covered unless required by the design review board, or planning and zoning
commission or city council.
C. DISCUSSION:
. This building is the last of a three phased project for Kittyhawk Plaza which consist of three multi-
tenant office/retail buildings. The first building was approved in July of 2002, and the second
building was approved in September of 2004. When the City approved the first multi-tenant office
building in 2002, they were aware that two additional multi-tenant office buildings were going to
be constructed within Kittyhawk Plaza. A concept drawing showing how Kittyhawk Plaza would
look upon complete build out was reviewed at that time. This building does not comply with one
of the nine (9) architectural designs within the Eagle Architecture Site and Design Book (EASD).
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However, the EASD book was not adopted by the City until March of 2004, thus it is staffs
opinion that to create a consistent look within this development that the architecture of this
building should not have to comply with one of the nine (9) architectural styles.
. The site and landscape plans date stamped by the City on June 7, 2006, show a five foot (5') wide
meandering sidewalk along East State Street. The sidewalk, as shown, swerves too much and
should be more gradual. The applicant should be required to provide a revised site plan showing a
five foot (5') wide meandering sidewalk that has a gradual meander to it. The revised site and
landscape plans should be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
. The site plan date stamped by the City on June 7,2006, shows the historic light fixtures to be
spaced approximately fifty feet (50') apart. Per Eagle City Code, historic street lights on State
Street between Palmetto Avenue and Hill RoadlPlaza Drive are to be spaced one hundred fifty feet
(150') apart. The applicant should be required to provide a revised site plan showing the historic
street lights on State Street to be located one hundred fifty feet (150') apart. The revised site plan
should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
. Currently, there is a chainlink fence along the south boundary of this project associated with the
storage facility. Per Eagle City Code, chainlink fencing is not permitted. The applicant should be
required to provide a detailed cut sheet showing the height, color, material, and style of fence to be
used along the south boundary of this project. The detailed cut sheets 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 applicant is proposing to locate the roof access ladder on the south side of the building. Per
pervious action by the City Council, all roof access ladders are to be screened from view by the
parapet walls. The applicant should be required to provide revised elevation plans showing the
roof access ladder removed from the perimeter of the building. The roof access ladder should be
located inside the building and screened by the parapet walls. The revised elevation plans should
be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
. 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
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 west property line.
. 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 June 22, 2006, at which
time the Board made their decision.
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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 3 to 0 (Grubb abstained, MacDonald and McCullough absent) to approve DR-
61-06 for a design review application to construct a multi-tenant office building for Kittyhawk
Investments, 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 a revised site plan showing a five foot (5') wide meandering sidewalk that has a gradual
meander incomoliance with ADA requirements. The revised site and landscape plans shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
2. Provide a revised site plan showing the historic street lights on State Street to be located one hundred
fifty feet (150') apart. The revised site plan shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
3. Provide a detailed cut sheet showing the height, color, material, and style of fence to be used along the
south boundary of this project. The detailed cut sheets 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.
4. Pwviae revised elevatioR plElfls SHowing the reof assess laaaer feme'lea frem tHe perimeter of the
BlIilaiRg. The reef assess laaaer SHall Be leeated iRsiae tHe BlIildiRg aRa ssreeRea By tHe parapet walls.
THe r-evised elevatioR plans shall Be reviewea aRd apprevea BY staff prier to tHe City iSSliiRg a zeRiRg
certifieate f-er tHis site.
5. THe ellistiRg struetliFeS SHall Be remevea from tHe site prier to tHe issllance ef aR)' BliildiRg pefHlits for
this site. Demolitions permits shall be obtained prior to the removal of any structures.
6. Provide a copy of a license agreement from the Ada County Highway District allowing any
improvements to be constructed or placed within the right-of-way of State Street. The license
agreement shall be submitted to the City prior to issuance of a building permit.
7. Work with the City Forester when transplanting the 8 V2" Norway Maple tree on this site.
8. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the tree or at the drip line of the tree (whichever is furthest)) to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. Cups or dams should be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever should take place
within the drip line of the trees.
9. Provide a revised landscape plan showing bike rack to be located on this site. The applicant shall be
required to provide detailed cut sheets showing the style, size, color, etc. of the bike rack. The revised
landscape plan and detailed cut sheets shall be reviewed and approved by staff prior to issuance of a
building permit.
10. All cable, electrical, and telephone service systems shall be installed underground.
11. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
12. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
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for reviewing this project.
13. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
14. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
15. No signs are proposed with this application. A separate design review application (DR-62-06) 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.
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
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changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. 'The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
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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IS. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 7, 2006.
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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-61-06) 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.
5. The Board recognizes that the architectural style of this building does not comply with one of the nine
(9) architectural styles within the Eagle Architecture Site and Design Book (EASD) but accepts that
the architecture, colors, and materials of this building match the two building previously constructed in
Kittyhawk Plaza.
DATED this 13th day of July 2006.
ATTEST:
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Page 12 of 12
K:\Plamilng Dt:pt\Eagle Applicatiolls\Dr\2006\DR-61-06 drfdoc