Findings - DR - 2007 - DR-29-07 - Common Area Landscaping In Castlebury West Business Park
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN CASTLEBURY WEST )
BUSINESS PARK FOR CAPITAL DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-29-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 28, 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:
Capital Development Inc., represented by Talena Dovel with The Land Group, is requesting
design review approval for the common area landscape within Castlebury West Business Park.
The 4.25-acre site is located on the northwest comer of Chinden Boulevard and North Meridian
Road at 6615 North Meridian Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 9, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 16, 2007, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 13,2007 the Eagle City Council approved an annexation and rezone with development
agreement and a preliminary plat application (A-19-06/RZ-25-06 & PP-19-06).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential RUT (Rural Urban Transition- Agriculture
Ada County Designation)
Proposed Professional Office MU-DA (Mixed Use with Professional Office
Development Agreement)
North of Transitional Residential RUT (Rural Urban Transition- Agriculture/Church
site Ada County Designation)
South of RUT (Rural Urban RUT (Rural Urban Transition- SH 20/26 - Agriculture
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COMPPLAN WNING LAND USE
DESIGNATION DESIGNATION
site Transition - Ada County Ada County Designation)
Designation)
East of R-I (Residential up to R-I (Residential up to one unit Single family residential
site one unit per acre) per acre) subdivision
West of Transitional Residential R-I (Residential up to one unit Agriculture
site per acre)
F. COMPANION APPLICATIONS: None
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
H. SITE DATA:
Total Acreage of Site - 8.32
Total Number of Lots - I 0
Commercial- 6 (Office)
Common/Other - 4
Total Number of Residential Units - 0
Single-family - 0
Existing - 0
Proposed - 0
Total Acreage of Any Out-Parcels - 0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre N/ A - Office N/A
Minimum Lot Size 18,469-square feet 7,000-square feet
Minimum Lot Width 88-feet (approximately) 50-feet
Minimum Street Frontage 38.96-feet 35-feet
Total Acreage of Common Lots 2.7-acres 2.7-acres (minimum)
Percent of Site as Common Area 10% 10% (minimum)
I. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (1) (4) (a) requires a minimum 35-foot wide landscape buffer area
between urban or rural collectors and new residential developments.
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Open Space:
Will provide a total of 10% of common area, 10% minimum is required.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage plans.
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, wil\ be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to be
preserved. If during excavation or development of the site, any historical artifacts are discovered,
state law requires immediate notification to the state.
J. BUILDING DESIGN FEATURES: N/A (Landscape plans only)
K. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Existing trees are located at the northeast
portion of the development and are proposed to be removed.
Tree Replacement Calculations: Attached within the staff report
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing street trees along both sides of the proposed access road
(West Bavaria Street).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping: Landscaped islands and terminal islands are proposed with in the
landscape plan.
L. OUTDOOR LIGHTING:
A subdivision lighting plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
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M. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
N. PUBLIC SERVICES A V AILABLE:
The letter from the Eagle Sewer District states that the District has not annexed th is property and
that the applicant wil\ need to submit a petition for annexation. United Water Company has stated
in a letter to the City that this site is serviceable. The site is within the service area of the Meridian
Fire District.
O. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Per Eagle City Code section 9-3-3, right-of- way for pedestrian walkways in the middle of
long blocks may be required where necessary to obtain convenient pedestrian circulation
to schools, parks or shopping areas.
P. PUBLIC USES PROPOSED: None
Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
R. 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 - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
T. 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
Chevron Pipeline
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
U. LETTERS FROM THE PUBLIC: None received to date.
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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 Professional Office, suitable for
professional office uses. Retail may be permitted as an ancillary use within the office project.
Smaller medical uses such as dentist offices and other outpatient clinics are encouraged.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7(C)
Existing Vegetation:
I. Retention of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the city. Where trees are approved by the city to be removed
from the project site (or from abutting right of way) replacement with an acceptable
species is required as follows:
IExisting Tree IIReplacement I
11 inch to 6 inches caliper 112x caliper of tree removed I
16 1/4 inches to 12 inches 1I1.5x caliper of tree removed I
112 1/4 inches or more III x caliper of tree removed I
In all cases, planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be
three (3) 4-inch caliper trees or four (4) 3-inch caliper trees.
2. Damage During Construction: Existing trees or shrubs that are retained shall be
protected from damage to bark, branches, or roots during construction. Construction or
excavation occurring within the drip line of any public or private retained tree or shrub
may severely damage the tree or shrub. Any severely damaged tree or shrub shall be
replaced in accordance with subsection Cl of this section.
· Eagle City Code Section 8-2A-7(F)
F. Tree Species Mix:
I. When more than ten (10) trees are to be planted to meet the requirements of these
guidelines, a mix of species shall be provided. The number of species to be planted shall
vary according to the overall number of trees required to be planted. Species shall be
planted in proportion to the required mix. See the table below:
IRequired Number Of Trees I I Minimum Number Of Species I
111-20 112 I
121 - 30 113 I
13 I - 40 114 I
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1141 +
115
II
· Eagle City Code Section 8-2A-7(1)(4)(a)
A minimum ofthirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (I') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
· Eagle City Code Section 8-2A-7(0)
Alternative Methods Of Compliance:
I. Project Conditions: It is not the intent of these landscape requirements to inhibit
creative solutions to land use problems. Under certain site conditions, a strict
interpretation of requirements may be either physically impossible or impractical.
Alternative compliance is a procedure that allows certain modifications to existing
regulations within this section. Requests for use of alternative landscaping schemes
are justified only when one or more of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full
compliance is impossible or impractical;
c. Due to a change of use of an existing site, the required bufferyard is larger than
can be provided; and
d. Safety considerations are involved.
C. SUBDIVISION ORDINANCES WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 9-3-2-1 (G)(2)
In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in
length may be permitted by the city if approved by the fire department and the highway
district having jurisdiction. No more than twenty (20) dwelling units shall be permitted
on said cul-de-sac.
D. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The applicant shall provide a revised preliminary plat that shows the five foot (5') minimum
sidewalks along both sides of West Bavaria Street to be detached from the street by an eight foot
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(8') planter strip.
· The applicant shall provide a revised preliminary plat showing internal pedestrian sidewalks.
· The applicant shall provide a permit or license agreement from ACHD and ITD approving the
landscaping located within the public right-of-way abutting and within this site, prior to the
submittal of a final plat.
· Extend the landscaping within the required buffer area along State Highway 20/26 to within nine
feet (9') from the edge of pavement. The nine feet (9') between the landscaping and the edge of
pavement (along the entire frontage of this site) shall be graveled as approved by lTD. The gravel
shoulder area shall be maintained and kept free of weeds and debris.
· Useable amenities such as bike racks, bollards, garbage cans, and/or similar amenities as
determined by the City Council shall be provided within the open space areas. Landscape plans
showing open space amenities shall be reviewed and approved by the Design Review Board prior
to the City approving a final plat.
· The applicant shall provide three inch (3") minimum caliper shade-class trees (landscape plan to
be reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by
the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape
and irrigation improvements within the swales (borrow ditches). Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
· The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the buffer area along Chinden Boulevard (SH 20/26) and Meridian Road for review and
approval by the Design Review Board, prior to submittal of the final plat application.
Landscaping for the respective phase shall be installed prior to the issuance of any occupancy
permits within the subdivision.
· The applicant shall submit a design review application showing any proposed signage and a
landscape plan showing planting details within the proposed landscape islands for review and
approval by the Design Review Board prior to the submittal of the final plat approval.
· The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for any type of irrigation facilities for review and approval by the
Design Review Board prior to the submittal of a final plat. If proposed, a pump house shall be
located to comply with all required setbacks for the MU-DA zoning district.
· All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of
light pollution. The applicant shall submit cut sheets showing street lighting details for review and
approval by the Zoning Administrator prior to the submittal of the final plat.
· Landscape screening in accordance with ECC Section 8-2A-7(L)(I)(a) shall be installed on Lots 3,
5, 6 and 7, Block I, within the twenty five foot (25') rear yard setback prior to the issuance of a
certificate of occupancy for any building within the subdivision.
· Lot 4, Block I shall be prepared for drainage and limited in landscaping to sod, irrigation,
shrubbery and decorative rock (at the developers discretion), and a fifteen foot (15')
sidewalk/transit stop license strip shall be designated within Lot 4, Block I (as a note placed on the
final plat). The specific language (placed as a note on the plat) shall be reviewed by the City
Attorney and the applicant prior to City approval of the final plat.
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E. DISCUSSION:
· The Eagle Comprehensive Plan Land Use Map designates the property as "Professional Office"
suitable for professional office uses. The 2007 City of Eagle Comprehensive Plan designates this
area as being located within the Rim View Planning Area, which is a sub area of the Western
Planning area. Currently, the 8.32-acre parcel is used for agricultural purposes. The applicant is
proposing a professional office complex with eight (8) lots (6-buildable, 2-common).
· Though Eagle City Code does not require that commercial developments provide buffers adjacent
to roadways the landscape plan date stamped by the City on May 9, 2007, shows a twenty-five
foot (25') wide landscaped buffer along the southern portion of the property, and a thirty foot
(30') wide future right-of-way section (Lot 4, Block I) adjacent to SH 20/26.
· According to the City Council Findings for the Castlebury West Business Park preliminary plat
(PP-19-06), Lot 4, Block I is designated as future right-of-way for the Idaho Transportation
Department. Therefore, it was agreed upon that landscaping in this area would be limited to sod,
irrigation, shrubbery, and decorative rock (at the developers discretion). Staff defers comment
regarding the proposed landscaping along SH 20/26 to the Design Review Board.
· According to the landscape plan date stamped by the City on May 9, 2007, the twenty five foot
(25') wide landscaped buffer area along the southern portion of the property is proposed to exist
within four of the buildable lots (Lots 3, 5, 6 and 7). For maintenance purposes this buffer area
should reside within an easement. The applicant should provide a revised landscape plan that
shows the twenty five foot (25') landscaped buffer area along the southern portion of the property
to be located within a cross access easement. The revised landscape plan should be reviewed and
approved by staff prior to the submittal of a final plat application.
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 June 28, 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 3 to 0 (board members McCullough, Wright, Whittaker and Weber absent) to
approve DR-29-07 for a design review application for common area landscaping within Castlebury
West Business Park for Capital Development, 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:
I. Comply with all applicable requirements of the annexation, rezone application and development
agreement for Castlebury West Business Park (A-19-06/RZ-25-06 & PP-19-06).
2. Provide a revised landscape plan that shows the twenty five foot (25') landscaped buffer area along the
southern and eastern portion of the property to be located within an easement. The revised landscape
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plan should be reviewed and approved by staff prior to the submittal of a final plat application.
3. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
4. Provide a revised site plan that shows bike racks, consistent in design with the Eagle Architecture and
Site Design Book, to be installed in well lit areas of the buildings. A detailed cut sheet showing the
style, size and number of bike spaces shall be submitted to the City with the Design Review
Application for the buildings. The detailed cut sheets shall be reviewed and approved by staff prior to
the submittal ofa final plat application.
5. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
6. Provide a revised landscape plan incorporating tHe City Feresters CORsems recommendation number
(2) from the City Forester's stated iR a letter dated May 31, 2007. The revised landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the submittal of
a final plat application.
7. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of
the tree or at the drip line of the tree (whichever is closer)) to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. Cups or dams shall 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 shall take place
within the drip line ofthe trees.
8. Provide detailed elevation plans showing the material and colors to be used in the construction of any
proposed irrigation pump house. The detailed elevation plans, materials, and colors shall be reviewed
and approved by staff and two members of the Design Review Board prior to the submittal of a final
plat.
9. 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.
10. The applicant shall have an on-site meeting with the City Forester to determine how manv trees exist
on the property and the value of the trees.
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, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) has
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.
II. The parking area shall be paved and shall be maintained in good condition without holes and free of all
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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,
I ,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO
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 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 of a
building permit or Certificate of Occupancy, whichever occurs first.
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 ofa 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 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,
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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
ofthe 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).
2S. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use ofIandscaping (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 May 9, 2007.
2. Requests for agencies' reviews were transmitted on March IS, 2007, 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-29-07) 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.
Page 12 of 13
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DA TED this 12h day of July 2007
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ATTEST:
Page 13 of 13
K:\Planning Dept\Eagle Applications\DrI1007\DR_29_07 Castlebury West Business Park land drfdoc