Findings - DR - 2007 - DR-52-02 MOD - Modify The Facade, Landscaping And To Add An Addition To The Drive Thru Canopy
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY )
A THE FAC;ADE, LANDSCAPING AND TO )
ADD AN ADDITION TO THE DRIVE-THRU )
CANOPY FOR IDAHO INDEPENDENT BANK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-52-02 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 26, 2007 and made their decision at that time. 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:
Idaho Independent Bank, represented by Chad Harbig with CSHQA, is requesting to modify the
fayade and landscaping of the existing bank building. This modification also includes extending the
drive-thru canopy an additional 13.5-feet (approximately) to the east to accommodate a total of three
(3) drive-up service lanes. The site is located on the northeast comer of State Street and Stierman
Way at 560 East State Street.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on March 6, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 15, 2007, m 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 conditional use permit for the addition of the
drive-up service land and automatic teller machine with associated drive-up lane (CU-3-02).
On May 21, 2002, the Eagle City Council approved a design review sign application for a
monument sign for Pioneer Federal Credit Union (DR-I-02).
On March 14, 2002, the City of Eagle staff reviewed and approved a change in the exterior paint
color of the building for this site (DR-I 4-02).
On November 26, 2002, the Eagle City Council approved a design review application for a second
drive-up service lane and automatic teller machine with associated drive-up lane for Pioneer
Federal Credit Union (DR-52-02).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Credit Union with one
District) drive-up service lane
Proposed No Change No Change Credit Union with three
drive-up service lanes
North ofsite Central Business District CBD (Central Business City Library
District)
South ofsite Central Business District CBD (Central Business Office/Mobile Home Park
District)
East of site Central Business District CBD (Central Business Office/Retail
District)
West of site Central Business District CBD (Central Business Convenience Store with
District) fuel service
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the CEDA (Community Entry
Development Area).
H. EXISTING SITE CHARACTERISTICS:
A 2,120-square foot bank facility (credit union) with one drive-up service lane is currently located
on the site.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.5-acres (24,829-square feet) O.OI-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 9.6% (approximately) 20% (minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 13% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 13-parking spaces II-parking spaces (minimum)
Front Setback 55-feet (south) 20-feet (minimum)*
Rear Setback 25-feet (north) 0- feet
Side Setback 60-feet (west) I O-feet (minimum)*
Side Setback 41-feet (east) I O-feet (minimum)*
* Note: Setbacks and building coverage required within CEDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No new buildings are proposed with this application. An
additional 13.5-feet is proposed to be added to the existing drive-thru canopy.
Height and Number of Stories of Proposed Buildings: No new buildings are proposed with this
application.
Gross Floor Area of Proposed Buildings: No new buildings are proposed with this application. The
existing bank building is 2, 120-square feet.
On and Off-Site Circulation:
A 15,075-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One twenty eight foot (28') wide driveway on Stierman Way is located on the west side of
this site approximately sixty five feet (65') north of the intersection of Stierman Way and State
Street. One twenty five (25') wide driveway is currently located on the north side of this site
approximately 125-feet east of Stierman Way providing access to Civic Lane serving the library,
city hall and businesses within Aquila Subdivision. Two (2) twenty four foot (24') wide
driveways are located on the east side of this site approximately thirty seven (37') north of the
south property line and 135-feet north of the south property line that provides access to the city
parking lot.
K. BUILDING DESIGN FEATURES: N/A
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are nineteen (19) existing trees
located on this site, which are proposed to be retained.
Tree Replacement Calculations: NIA
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: thirteen (13) street trees exist on the site, no additional trees are proposed.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping exists around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required. 5% is proposed.
M. TRASH ENCLOSURES:
A five foot (5') high enclosure with a gated door is proposed on the north side of the building to
screen the ground mounted mechanical unit, electrical meter, and trash receptacle. The enclosure
and gate are proposed to be constructed ofhardiplank siding and painted to match the building.
N. MECHANICAL UNITS:
There is an existing ground mounted mechanical unit located on the north side of the building.
The applicant is proposing to construct a five foot (5') high enclosure with a gated door on the
north side of the building to screen the ground mounted mechanical unit, electrical panel, and trash
receptacle. The enclosure and gate are proposed to be constructed ofhardiplank siding and
painted to match the building.
O. OUTDOOR LIGHTING:
A street light plan showing location, height, and wattage is required to be reviewed and approved
by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. Central
water is currently provided by Eagle Water Corp and sewer service is currently provided by the
Eagle Sewer District.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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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 - no
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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Idaho Department of Lands
United Water Company
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6 - Land Use
6.3 Land Use Designations
Central Business District
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public
quasi-public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district requires a CBD zoning
designation upon any rezone.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6(E) Community Entry Development Area: CEDA shown on
exhibit A-I within the EASD book.
I. Purpose: To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of thirty five feet (35').
b. Orientation: Shall be designed so that at least seventy percent (70%) of the building's
ground level, street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
c. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
d. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include, but is not limited to,
walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting,
ledges, eaves, colors and materials.
e. Other: Such other nonconflicting architectural detailing, materials and colors as set forth
in this article.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter, the setback requirements below shall control.
a. Front building setbacks from the property line shall be twenty feet (20') minimum.
b. Side building setbacks shall be ten feet (10') minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor
dining, plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%) and a maximum of eighty five percent (85%) in which case off site parking shall be
provided for.
4. Parking:
a. Continuous front parking areas (off street) along State Street and Eagle Road not
permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
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c. Shared drive access points to parking shall be used wherever possible.
d. On street parking is prohibited on Eagle Road.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply
with the requirements contained within subsection G of this section.
6. Planning Considerations: In reviewing an application pursuant to this article, the design review
board shall give consideration to the following to determine compatibility with this article:
a. Entry Statement: Six (6) points of entry have been identified for consideration and are
shown on exhibit A-I within the EASD book. However, the final location of the entry
statements may be redefined as development in the city progresses or if a more specifically
defined location is adopted as a part of the city comprehensive plan.
The following entry statement concepts for signage are encouraged:
a permanent monument sign, simple in design, identifying Eagle. A license agreement may be required
by the highway district having jurisdiction if the entry statement is proposed to be placed within a
public street right of way. Any construction within a public right of way would require approval of the
agency having jurisdiction.
C. DISCUSSION:
· The applicant is proposing an exterior modification to the fayade of the existing bank building and
to extend the drive-through canopy to accommodate a second vehicle access point and automatic
teller machine. The proposed modification will upgrade the current design of the bank building
which does not meet the existing Design Review standards. The applicant is proposing a design
for the building that loosely complements the craftsman style found in the Eagle Architecture and
Site Design Book.
. The existing building footprint is 2, I 20-square feet, approximately 9.6% of the total square
footage of the site (a minimum 20% lot coverage by the footprint of the structure is required within
the CEDA overlay district), and is therefore a nonconforming use. Per Eagle City Code, a
nonconforming use (through the approval of a conditional use) may be changed to another
nonconforming use; provided, that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. On July 23,
2002, the Eagle City Council approved a conditional use application allowing this site to continue
to be used as a bank facility with a drive-up service lane with the addition of an automatic teller
machine with associated drive-up lane. This conditional use application also addressed the total
lot coverage required by Eagle City Code and allowed the reduced building footprint coverage of
9.6%.
· According to the narrative letter date stamped by the City on March 6,2007, the applicant is
proposing to replace and upgrade the existing landscape design. Comments provided by the City
Forester concerning this application indicate that the plant palette provided on the landscape plan
date stamped by the City on March 6, 2007, is inadequate and should be upgraded and revised
according to recommendations outlined within the letter (attached). Staff defers comment
concerning a revised landscape plan to the Design Review Board.
· The original landscape plan for this building date stamped by the City on August 7, 2002, shows a
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five foot (5') wide internal striped walkway and sidewalk connecting the south side of the building
to the sidewalk that extends along State Street. This internal pedestrian connectivity was not
constructed by the previous applicant and the current landscape plan date stamped by the City on
March 6, 2007, does not show that the striped walkway and sidewalk will be constructed with the
proposed building modification. Staff defers comment on the necessity of this pedestrian walkway
to the Design Review Board.
. The original landscape plan for this building date stamped by the City on August 7, 2002, shows
three Washington Hawthorn trees to be planted on the south-west lawn section of the property
adjacent to State Street and Stierman Way. These trees were not planted, and the current
landscape plan date stamped March 6, 2007 by the City does not show trees to be planted in this
area. The applicant should provide a revised landscape plan that shows three trees (species to be
determined by the City Forester) to be planted on the south-west lawn section of the property, to be
reviewed and approved by staff and one member of the Design Review Board prior to issuance of
a zoning permit.
. The site plan date stamped by the City on March 6, 2007, does not show that a bike rack will be
installed on the site. The applicant should provide a revised site plan that shows a bike rack,
consistent in design with the Eagle Architecture And Site Design Book, to be installed in a well lit
area of the building, and provide a detailed cutsheet showing the style, size and number of bike
spaces, to be reviewed and approved by staff prior to issuance of a zoning permit.
. 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 below.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on April 26, 2007, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Weber absent) to approve DR-52-02 MOD for a design review application to
modify the fa~ade, landscaping and to add a building addition for the Idaho Independent Bank, 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:
I. Comply with any applicable conditions ofCU-3-02.
2. Comply with any applicable conditions ofDR-52-02.
3. Provide a revised site plan that shows a bike rack, consistent in design with the Eagle Architecture
And Site Design Book, to be installed in a well lit area of the building, and provide a detailed cut sheet
showing the style, size and number of bike spaces, to be reviewed and approved by staff prior to
issuance of a zoning permit.
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4. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees
prior to the commencement of any construction or grading of the site.
5. Any existing trees that are damaged during the construction process shall be replaced with new healthy
trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester.
6. Provide a revised landscape plan that shows three trees (species to be determined by the City Forester)
to be planted on the south-west lawn section of the property, to be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning permit.
7. Provide a revised landscape plan that shows the changes to the plant palette as outlined in the letter
from the City Forester and as deemed appropriate by the Design Review Board, to be reviewed and
approved by staff and one member of the Design Review Board prior to the city issuing a zoning
permit.
8. All roof vents protruding through the roof and similar features are required to be painted to match the
color of the roof.
9. Provide a license agreement from ACHD allowing the installation of landscaping located within the
public rights-of-way, and landscape said right-of-way to be reviewed and approved by staff prior to the
City issuing a zoning permit.
10. The canopy of the automatic teller machine is not permitted to have internally illuminated signage or
bank identification signage.
II. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. The applicant shall be required to comply with any applicable conditions, as deemed appropriate by
the Design Review Board, that are placed on this application by the City Forester.
14. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
15. No signs are proposed with this application. A separate design review application is required to be
submitted for approval of any signs for this site.
16. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
17. Provide a revised elevation plan showing the roof color for the proposed bank building to be charcoal
gray or black. The revised elevation 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.
18. Provide a revised elevation plan indicating the building is to be entirely resided. new window
casements installed. and all frames and trim to be replaced. The revised elevation 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.
19. Provide a revised landscape plan showing pedestrian connectivity from the proposed bank building to
the existing sidewalk adiacent to East State Street. The revised landscape plan shall show a plaza area
near the northeast comer ofStierman Wav and East State Street (similar to the original landscape plan
date stamped by the City on September 12,2002). 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.
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20. Provide a revised landscape plan showing a five foot (5') wide (minimum) terminal island to be located
at the north end of the parking spaces located on the west side ofthe bank facility. The landscape
terminal island shall be planted with one shade tree and shrubs. 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.
STANDARD CONDITIONS OF APPROVAL:
I. 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, wh ichever 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
andlor 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
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
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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.
II. 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 (Le.; 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 ofa 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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance ofa
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
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Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
IS. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
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 the City Council 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 ofthe 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 City Council approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on March 6, 2007.
2. Requests for agencies' reviews were transmitted on March 15, 2007, in accordance with the
requirements of the Eagle City Code.
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3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-52-02 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (Central Business District) zoning district.
DA TED this lOth day of May 2007,
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Page 13 of 13
K:\Planning Dept\EagJe Applicalions\Dr\2002\DR-52-02 MOD drfdoc