Findings - DR - 2008 - DR-03-08 - Construct An Automotive Service Facility For Oil Can Henry's
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT AN )
AUTOMOTIVE SERVICE FACILITY FOR OIL )
CAN HENRY'S FOR ROB HAGGETT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-03-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 14, 200S, 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:
Rob Haggett is requesting design review approval to construct a 2,S42-square foot automotive
service facility for Oil Can Henry's, The 0.601-acre site is located on the west side of North
Horseshoe Bend Road approximately 370-feet north of State Highway 44 at 30S8 East State
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 4, 200S,
C, NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 9, 200S, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 24, 2001, the Eagle City Council approved a design review application for the common
area landscaping within Eagle Promenade (formerly Eagle Towne and Country Centre) (DR-06-
01 ).
On February 25,2003, the Eagle City Council approved a final plat application for Eagle
Promenade (recorded as YES Subdivision) (FP-I-02).
E, COMPANION APPLICATIONS: DR-04-0S (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business Vacant lot within YES
District) Subdivision
Proposed No Change No Change Automotive Service
Facility (Oil Can Henry's)
North of site Commercial C-3 (Highway Business Grocery Store (Winco
District) Foods)
South of site Commercial C-3 (Highway Business Multi-tenant Retail
District) Buildings
East of site Not in the City of Eagle C-2 & RSM (Ada County Gas station & Residential
Area of Impact Designation)
West of site Commercial C-3 (Highway Business Grocery Store (Winco
District) Foods)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is existing landscaping located along the eastern property line of this site, adjacent to
Horseshoe Bend Road, The applicant is proposing to retain this landscaping. There is a row of
five (5) trees located along the western property line of this site, which the applicant is proposing
to remove.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 26, lS8-square feet (O,601-acres) 1 ,300-square feet (minimum)
Percentage of Site Devoted to 5% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 74% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 5-parking spaces 2-parking spaces
Front Setback 75-feet (west) 30-feet (minimum)
Rear Setback 90-feet (east) O-feet (minimum)
Side Setback 20-feet (north) O-feet (minimum)
Side Setback 50-feet (south) O-feet (minimum)
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J, GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an automotive service facility.
Height and Number of Stories of Proposed Buildings: 27' 8", one story with a basement.
Gross Floor Area of Proposed Buildings:
First floor =
Basement =
Total =
I ,421-square feet
1.421-square feet
2,842-square feet
On and Off-Site Circulation:
A 5,280-square foot (approximately) paved parking lot provides parking for vehicles using this
site. This site is accessed by the parking lot and driveways that were constructed by the developer
of Eagle Promenade (Yes Subdivision).
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Composite Shingles (Weathered Wood)
Walls: Fiber Cement Board (Ironstone Red), Cultured Stone Veneer Wainscot (Chardonnay)
Windows/Doors: Vinyl Windows (Desert Sand), Aluminum Doors (Tan)
FascialTrim: Wood Trim (Tan)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are five (5) existing trees located on
this site, The landscape plan date stamped by the City on January 4, 2008, indicates that these
trees are to be removed.
Tree Replacement Calculations: Per the City Foresters Tree Valuation Summary, the applicant is
proposing to remove 22.4-inches of tree caliper from this site. Per Eagle City Code, the applicant
is required to replace two times the caliper inches of tree removed when the existing tree is
between one inch (1") and six inches (6") in caliper. Therefore, the applicant is required to
replace forty five inches (45") of tree caliper on this site. This is equivalent to fifteen (15) three
inch (3") caliper trees.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along Horseshoe Bend Road were installed by the developer of Eagle
Promenade (YES Subdivision).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a, Perimeter Landscaping:
Perimeter landscaping was installed around the entire parking lot of Eagle
Promenade (YES Subdivision).
b, Interior Landscaping: N/ A.
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M, TRASH ENCLOSURES:
One 120-square foot trash enclosure is proposed to be located on the east side of the site. Sheets
A3 and Ll, date stamped by the City on January 4,2008; indicate that the enclosure is to be
constructed of Split Face CMU block with a metal gate, However, the application and justification
letter indicate that the enclosure is to be constructed ofCMU with lap siding. This discrepancy
will be address further in the discussion area of the report.
N. MECHANICAL UNITS:
The applicant is proposing to use one ground mounted mechanical unit. The applicant is
proposing to screen the ground mounted mechanical unit with landscaping. No rooftop
mechanical units are proposed with this application 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 AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have 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
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
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V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference, Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Eagle Fire Department
Idaho Transportation Department
W, LETTERS FROM THE PUBLIC: None received to date,
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated January 9,2008 (is attached to the staff report and is incorporated
herein by reference).
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 Commercial.
B. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. All lots and buildings shall be configured so as to screen any and all loading areas and trash
enclosures from view as seen from residential uses or public roadways,
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-7 (C)(1)
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:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
12 1/4 inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
. Eagle City Code Section 8-2A-7(K)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
· Eagle City Code Section 8-2A-7(K)(4)(b)(4)
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Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a
height of six feet (6'),
· Eagle City Code Section 8-2A-7(K)( 4)(b )(5)
A terminal island for a single row of parking spaces shall be landscaped with at least one tree
and shrubs, ground cover, or grass, A terminal island for a double row of parking spaces shall
contain not less than two (2) trees and shrubs, ground cover, or grass.
. Eagle City Code Section 8-4-4-2
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property,
3, Except as noted in subsection A4 of this section, all site lighting shall be recessed or
shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
. Eagle City Code Section 8-4-5
Automotive gas station/service shop or
fuel islands
1 for each 2 gasoline pumps and 2 for each service
bay (spaces in front of bays or pumps shall not be
counted)
D. DISCUSSION:
. The applicant is proposing to construct a 2,842-square foot automotive service facility for Oil Can
Henry's. The facility is one story building with a basement. The proposed architectural style is
Craftsman and takes on the look of a carriage house. There are large overhanging gables with
heavy timber brackets and trellis components. Lap siding, painted a rich brick red color, with a
stone wainscot are proposed on all four sides of the building.
· There are five (5) existing trees located on the west property line of this site, The applicant is
proposing to remove these trees. Per the City Foresters Tree Valuation Summary, the five (5) trees
that are to be removed total 22.4-inches of tree caliper. Per Eagle City Code, the applicant is
required to replace two times the caliper inches of tree removed when the existing tree is between
one inch (1") and six inches (6") in caliper. Therefore, the applicant is required to replace forty
five inches (45") of tree caliper on this site, This is equivalent to fifteen (15) three inch (3")
caliper trees, The applicant should be required to provide a revised landscape plan showing the
addition of forty five inches (45") of tree caliper or fifteen (15) three inch (3") caliper trees to the
site. The revised landscape plan should be reviewed and approved by two members of the Design
Review Board prior to the City issuing a zoning certificate for this site.
· Sheet LI, date stamped by the City on January 4, 2008, shows a large grass area with two (2) rows
of shrubs to be located on the south side of the driveway to the service bays ofthis facility. It is
staff's opinion that the two (2) rows of shrubs and the grass area could be enhanced with
additional trees and undulating planter beds to provide visual interest, as well as meet the
requirement of adding additional trees to the site. The applicant should be required to provide a
revised landscape plan showing trees and undulating planter beds in the large grass area located on
the south side of the driveway to the service bays ofthis facility, The revised landscape plan
should be reviewed and approved by two members of the Design Review Board prior to the City
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issuing a zoning certificate for this site,
. The applicant is proposing to construct a trash enclosure within the landscaping along the east side
of the site. Sheets A3 and Ll, date stamped by the City on January 4, 200S, indicate that the
enclosure is to be constructed of split face CMU block with a metal gate. However, the
application and justification letter indicate that the enclosure is to be constructed of CMU with lap
siding, The applicant should be required to provide detailed elevations showing how the trash
enclosure will be constructed and the materials to be used. The revised elevations 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.
. Sheet Ll, date stamped by the City on January 4, 200S, shows the trash enclosure to be located
within the landscape berm on the east side of the site. With the exception of grass, no landscape
material has been proposed around the trash enclosure. Per Eagle City Code, to conceal outdoor
trash enclosures, a five foot (5') wide by six foot (6') high landscaped buffer is required. Staff
recognizes that the trash enclosure is located within the berm along the east side of the site,
however, a large portion of the trash enclosure elevations are still visible, The applicant should be
required to provide a revised landscape plan showing a five foot (5') wide by six foot (6') high
landscape buffer around the base ofthe trash enclosure. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site,
. Sheet L 1, date stamped by the City on January 4, 2008, shows a terminal island for the single row
of parking associated with this site to be located at the west end of the parking area. The
landscape plan shows four (4) dwarf mugho pines to be planted in this terminal island. Per Eagle
City Code, a terminal island for a single row of parking spaces are required to be landscaped with
at least one tree, and shrubs, ground cover, or grass, The applicant should be required to provide a
revised landscape plan showing one deciduous tree to be planted in the terminal island located at
the western end of the parking associated with this site. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site.
. The proposed building wall light, date stamped by the City on January 4, 200S, does not comply
with Eagle City Code, Per Eagle City Code, the lamp and lens are not to be visible. The applicant
should be required to provide a revised building wall light detail sheet showing the lamp is not
visible. The revised detail should be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
. 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 February 14, 200S, 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),
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BOARD DECISION:
The Board voted 4 to 0 (Grubb and Whittaker absent) to approve DR-03-0S for a design review
application to construct an automotive service facility for Oil Can Henry's for Rob Haggett, with
the following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised landscape plan showing the addition of forty five inches (45") of tree caliper or
fifteen (15) three inch (3") caliper trees to the site. The revised landscape plan shall be reviewed and
approved by two members of the Design Review Board prior to the City issuing a zoning certificate for
this site,
2. Provide a revised landscape plan showing trees and undulating planter beds in the large grass area
located on the south side of the driveway to the service bays of this facility, The revised landscape
plan shall be reviewed and approved by two members of the Design Review Board prior to the City
issuing a zoning certificate for this site.
3. Provide detailed elevations showing how the trash enclosure will be constructed and the materials to be
used. The revised elevations 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, Provide a revised landscape plan showing a five foot (5') wide by six foot (6') high landscape buffer
around the base of the trash enclosure. The revised landscape plan shall be reviewed and approved by
staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this
site.
5. Provide a revised landscape plan showing one deciduous tree to be planted in the terminal island
located at the western end of the parking associated with this site. 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,
6. Provide a revised building wall light detail sheet showing the lamp is not visible. The revised detail
shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site,
7, All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code,
S. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9, The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
12, No signs are proposed with this application. A separate design review application (DR-04-0S) has been
submitted for the approval of a building wall sign 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
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be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7, The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements, The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (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
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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 (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 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 Council or 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, wh ichever occurs first.
14. Conservation, recreation and river access easements (if app licab Ie) 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.
15, The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16, The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps, of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps, of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, wh ichever occurs first.
18. Basements in the flood plain are prohibited,
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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 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 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 ofthe 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 January 4,2008,
2. Requests for agencies' reviews were transmitted on January 9, 2008, 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-03-08) 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 C-3 (Highway Business District) zoning district.
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~
DATED this 28th day of February 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
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Sharon K. Bergmann, Eagle City Clerk
~-Ly Cb-~c
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K:\Planning DeptlEagle Applications\Dr\2008\DR-03-08 Oil Can Henry's drf.doc