Findings - DR - 2007 - DR-65-07 - Construct A Lift Station Facility
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN )
APPLICATION FOR A DESIGN )
REVIEW TO CONSTRUCT A LIFf )
STATION FACILITY FOR THE )
EAGLE SEWER DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-65-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 11, 2007, at which time the Board made their recommendation. 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
The Eagle Sewer District, represented by Lynn Moser with the Eagle Sewer District, is requesting
design review approval to construct a 2,390-square foot Sewer Lift Station facility. The 0.74-acre
site is located on the east side of North Palmer Lane approximately 2,700 feet north of State
Highway 44, at 830 North Palmer Lane.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on September 6, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 12, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved the PUD and Preliminary Plat for Legacy Planned
Unit Development (A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-I-06).
E. COMPANION APPLICATIONS:
CU-l 0-07 - A conditional use penn it application for a Lift Station for the Eagle Sewer District.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2--DA-P (Residential, two Agriculture
units per acre -with (Proposed Legacy Planned
development agreement - Unit Development)
Planned Unit Development)
Proposed No Change No Change Sewer Lift Station
North of site Residential Two R-2--DA-P (Residential, two Agriculture
units per acre -with (Proposed Legacy Planned
development agreement - Unit Development)
Planned Unit Development)
South of site Residential Two RUT (Rural Urban Agriculture
Transitional-Ada County
designation)
East of site Residential Two R-2--DA-P (Residential, two Agriculture
units per acre -with (Proposed Legacy Planned
development agreement - Unit Development)
Planned Unit Development)
West of site Residential Two RUT (Rural Urban Single-family residence
Transitional-Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently being used for agricultural purposes.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 32,400 square feet 17,000 square feet
Percentage of Site Devoted to Building 6.8% (approximately) 40% (maximum)
Coverage (includes courtyard)
Percentage of Site Devoted to 43% (approximately) 10% (minimum)
Landscaping
Front Setback 88-feet (west) 30-feet (minimum)
(approximately)
Rear Setback 25-feet (east) 30-feet (minimum)
(approximately)
Side Setback 70-feet (north) I O-feet (minimum)
(approximately)
Side Setback 68-feet (south) 10-feet (minimum)
(approximately)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) 2,232 square feet building (including a 577 square foot courtyard) proposed to be used for
a regional sewer lift station.
Height and Number of Stories of Proposed Buildings:
Twenty-four feet (24'), one (1) story with two (2) sublevels
Gross Floor Area of Proposed Building: 2,232-square feet.
On and Off-Site Circulation:
According to the site plan date stamped by the City on August 22,2007, the applicant is proposing
a twenty foot (20') wide entrance off of North Palmer Lane at the southwest section of the
property. The driveway will provide access to a paved area surrounding the proposed sewer lift
station.
K. BUILDING DESIGN FEATURES:
Architectural Design: Prairie School
Roof: Low-pitched, non-combustible pre-finished metal roof (green).
Walls: 60% dry stack stone veneer, 20% beige/tan stucco finish.
WindowslDoors: Clear impact resistant glazing on windows and painted metal doors/frames.
Fascia/Trim: Copper flashing around roof.
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees on the site.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number):
1 - K wanzan Cherry
6 - Sweet Gum
9 - Weeping Alaska Cedar
7 - Emerald Green Arborvitae
Street Trees: There are no internal streets within this project. A variety of trees and shrubs will
line the landscaped section adjacent to North Palmer Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation system required
within berm/landscape/buffer areas on the perimeter of the property.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
A parking lot is not proposed with this site because there will be no
employees assigned to the site. Instead the applicant is proposing a large
central paved area for maneuvering of trucks and equipment. The
perimeter of the paved area will be landscaped with trees and shrubs.
b. Interior Landscaping: 5% interior landscaping is required.
A parking lot is not proposed with this site because there will be no staff
assigned to the site. Instead the applicant is proposing a large central
paved area for maneuvering of trucks and equipment. There is no interior
landscaping proposed for the paved area.
M. TRASH ENCLOSURES:
According to the Design Review application submitted by the applicant on September 6,2007, all
garbage will be stored inside of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The units will be screened by
landscaping and screen walls to match the building.
O. OUTDOOR LIGHTING:
Outdoor lighting will be mounted to exterior walls of the building to identify entrance and exit
points on the building. No additional outdoor lighting will be installed with this building. All
proposed lighting will comply with Eagle City Code.
P. SIGNAGE:
No signs are proposed with this application or on the site.
Q. PUBLIC SERVICES A V AILABLE:
The proposed use is to provide a regional sewer lift station so that sewer service may be provided
to future development in the area. The Legacy Development is currently constructing a municipal
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well and well house to provide potable water for the area.
R. PUBLIC USES PROPOSED: Sewer lift station (Eagle Sewer District)
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes, a drain ditch along the west side of the property and a concrete lined irrigation
canal along the south side of the property.
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:
Eagle Sewer District
Central District Health Department
Eagle Fire District
W. LETTERS FROM THE PUBLIC: None
X. COMMENTS FROM CITY FORESTER:
Letter from Julie Lafferty (City Forester), dated October 2,2007, (see attached).
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 (adopted February 13, 2007) designates this site
as Residential two:
Suitable primarily for single family residential development within areas that are rural in
character. Maximum density of up to 2 units per 1 acre.
· Chapter 4 - Schools, Public Services and Utilities
4.1 Background
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Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded plays
an important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the community. Service providers currently include:
b. The Eagle Sewer District provides sewer service within a designated sewer
service area.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
It is the City of Eagle's policy to accommodate orderly and appropriate development at a
pace that does not unreasonably impede or burden the development process. Timely
extension of sewer service is an essential feature of orderly development. Hence, in the
future the City of Eagle will take an active interest in sewerage and wastewater issues.
4.7.2 Sewer Goals
a. Ensure that Eagle Sewer District extends its wastewater collection system and
expands and upgrades its wastewater treatment and disposal facilities to keep
pace with new developments in the Area of City Impact.
b. Ensure that the ESD expands its sewerage and disposal facilities at a rate that
will stay ahead of and thus not impede orderly development as envisioned in
other sections of this Comprehensive Plan.
. Chapter 12
Community Design
12.4 Implementation Strategies
j. Buffer and transition zones should be developed between conflicting types of
land use.
k. The Urban Service Planning Area, as defined by ordinance, should be
established as the prime urban development area of the City and Impact Area.
Development should be allowed in the area on the condition that sewer and
domestic water facilities would be provided to such development as described
by the Water Supply and Sewer Policies of the Public Services Facilities and
Utilities section of this Comprehensive Plan.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-1-2 defines a PUBLIC SERVICE FACILITY as:
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The erection, construction, alteration, operation or maintenance of buildings, power
plants or substations, water treatment plants or pumping stations, sewage disposal or
pumping plants and other similar public services structures by a public utility, by a
railroad whether publicly owned or privately owned, or by a municipal or other
governmental agency, including the furnishing of electrical, gas, rail transport,
communication, public water and sewage services.
· Eagle City Code Section 8-2A-7; LANDSCAPE AND BUFFER AREA
REQUIREMENTS:
J. Buffer Areas/Common Lots:
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10')
wide by six foot (6') high landscaped buffer is required.
· Eagle City Code Section 8-2-3 SCHEDULE OF DISTRICT REGULATIONS
Requires Public Service Facilities to obtain a Conditional Use Pennit for locating
facilities within a Residential Zone.
· Eagle City Code Section 8-3-3 SUPPLEMENTAL YARD AND HEIGHT
REGULA TIONS
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than
forty feet (40') to any lot line of a residential district; except that the minimum
yard requirements may be reduced to fifty percent (50%) of the requirement if
acceptable landscaping or screening approved by the council is provided. Such
screening shall be a masonry or solid fence between four (4) and eight feet (8') in
height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land
not less than twenty feet (20') in width planted with an evergreen hedge or dense
planting of evergreen shrubs not less than four feet (4') in height at the time of
planting.
· Eagle City Code Section 8-3-4 COMMERCIAL AND INDUSTRIAL USES
RESTRICTED
A. Perfonnance Requirements: No land or building in any district shall be used or
occupied in any manner creating dangerous, injurious, noxious or otherwise
objectionable conditions which could adversely affect the surrounding areas or
adjoining premises; except, that any case pennitted by this title may be undertaken
and maintained if acceptable measures and safeguards to reduce dangerous and
objectionable conditions to acceptable limits as established by the following
perfonnance requirements:
3. Noise: Objectionable noise, as detennined by the administrator, which is due
to volume, frequency or beat shall be muilled or otherwise controlled. Air raid
sirens and related apparatus used solely for public purposes are exempt from
this requirement.
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5. Air Pollution: Air pollution shall be subject to the requirements and
regulations established by the health authority.
6. Glare: No direct or reflected glare shall be pennitted which is visible from any
property outside a manufacturing district or from any street.
8. Water Pollution: Water pollution shall be subject to the requirements and
regulations established by the health authority.
B. Measurement Procedures: Methods and procedures for the detennination of the
existence of any dangerous and objectionable elements shall conform to
applicable standard measurement procedures published by the American standards
institute, New York, the Manufacturing Chemists' Association, Inc., Washington,
D.C., the United States bureau of mines and the health authority.
Enforcement: The administrator, prior to the issuance of a zoning penn it, may
require the submission of statements and plans indicating the manner in which
dangerous and objectionable elements involved in processing and in equipment
operations are to be eliminated or reduced to acceptable limits and tolerances.
C. DISCUSSION:
. The applicant indicates in their justification letter, date stamped by the City on September 6,2007,
that the design of the building follows the "Prairie School" style of architecture represented in the
City of Eagle EASD book. The proposed building will incorporate the architectural features of the
"Prairie School" design by including a low pitched, hipped roof with overhanging eaves. The
external features of the building will mostly be made up of stone, with some stucco and painted
metal. Staff defers comment regarding the building design and colors to the Design Review Board.
. According to a letter representing Drainage District No.2 and date stamped by the City on
September 6, 2007, an existing 100-foot wide irrigation drainage ditch easement extends along the
western edge of the property in which no trees are pennitted to be planted. The applicant has
submitted a Design Review Alternative Method of Compliance Request Form (see attached) date
stamped by the City on September 6,2007, requesting approval to plant a variety of shrubs in
place of trees in this area. Industrial or commercial uses are required by City Code to buffer from
residential uses with a ten foot (l 0') wide by six foot (6') high landscaped area using a variety of
trees and shrubs or fencing. Staff defers the appropriateness of the alternative method of
compliance request to the Design Review Board.
. A 15,810-square foot (approximately) open paved area is proposed adjacent to the lift station
facility on the north, south and west sides ofthe building. The paved area will provide parking
and access for vehicles and equipment and will be buffered from surrounding residential uses by
fencing and landscaping. Since no employees will be assigned to this facility and since there will
be no public access the applicant will not be striping the paved area for parking.
· The City Forester has made recommendations regarding the landscaping for this facility. Staff
defers the comment regarding these recommendations to the Design Review Board.
· Staff defers further comment regarding fencing, building design and colors to the Design Review
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Board.
STAFF RECOMMENDATION:
Based upon the infonnation 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 October 11, 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 4 to 0 (McCullough, Barnes and Butler absent) to approve DR-65-07 for a design
review application to construct a sewer lift station facility for the Eagle Sewer District, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the conditional use application for this site (CU-l 0-07).
2. All roof vents shall be painted to match color of roof prior to the issuance ofa zoning pennit.
3. All ground mounted transfonners, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Any proposed building lighting shall be shielded so that the lamp and lens are not directly visible
from the adjacent residential properties. The applicant shall provide lighting cut sheets for the site to
be reviewed and approved by staff prior to the issuance of a zoning pennit.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. No signs are approved with this application. A separate design review application is required to be
reviewed and approved by the Design Review Board prior to any signs being constructed on this site.
7. Provide building material and color samples to be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
8. Provide revised building elevations showing the downspouts and gutters for the building. The revised
building elevations shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
9. Provide a revised landscape plan incorporating all of the City Forester's recommendations dated
October 2.2007. to be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
10. Provide a revised site plan showing the building to have a thirty foot (30') rear setback (minimum)
prior to the issuance of a zoning certificate.
STANDARD CONDITIONS OF APPROVAL:
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1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building penn its 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 penn its or Certificate of Occupancy, whichever occurs first.
3. All penn its from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building penn it 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 penn its
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are pennitted, 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 pennits 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 penn its 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 stonn 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
penn its 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 perfonnance bond shall be submitted to the City
Clerk, prior to issuance of any building penn its 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 penn it 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 penn its 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 penn its or Certificate of Occupancy,
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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 pennits 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 penn its 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 detennined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building penn its 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 penn it 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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building pennit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
pennit 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 penn it 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 penn it or
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Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Unifonn Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the 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 action 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 hannless 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 September 6, 2007.
2. Requests for agencies' reviews were transmitted on September 12, 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-65-07) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the infonnation 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 pennitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-2 (Residential- up to 2 units per acre) zoning district.
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DATED this 25th day of October 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
a"
~~.r
. /
Eric R. McCullough, Chainna
ATTEST:
~~. IS ~aJ~
Sharon . Bergmann, Eagle City Clerk
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