Findings - DR - 2008 - DR-19-08 - Construct A Multi-Tenant Office/Retail And Apartment Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MUL TI- )
TENANT OFFICEIRETAIL AND APARTMENT )
BUILDING FOR YESTERDAY PROPERTIES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on May S, 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:
Yesterday Properties, LLC, represented by Shawn Nickel, is requesting design review approval to
construct a 2,S03-square foot multi-tenant office/retail and apartment building (1,OS7-square feet
first floor and I,446-square feet second floor). The 0.I6S-acre site is located on the east side of
North 2nd Street approximately ISO-feet north of East State Street.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on April 2, 200S.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 11, 200S, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23, 2002, the Eagle City Council approved a design review application to convert an
existing residence into an office and construct a two story addition for office and residence (DR-
45-02).
On December 11, 2007, the Eagle City Council approved Resolution No. 07-I9A, allowing a
reduction in parking, a reduction to the in lieu fees, and the removal of trees without replacement
costs. This property is located within the overlay area allowing the waver of these provisions.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Office/apartment
District)
Proposed No Change No Change Office with Residence
North of site Central Business District CBD (Central Business Residential Home
District)
South of site Central Business District CBD (Central Business Office Building
District)
East of site Central Business District CBD (Central Business Senior Community Center
District)
West of site Central Business District CBD (Central Business 2nd Street/Parking Lot
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the IDA (Transitional Development
Area).
H. EXISTING SITE CHARACTERISTICS: There is a 2,6I2-square foot office and apartment building
located on this site adjacent to 2nd Street. There is a Silver Maple tree located at the southeast
comer of the existing building that is to be removed.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.I68-acres (7,326-square feet) O.OI-acres (SOO-square feet)
(minimum)
Percentage of Site Devoted to 37% (approximately) 20% (minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 39% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 6-parking spaces (including 3 I6-parking spaces (including 3
covered parking spaces).. covered parking spaces)**
Front Setback 5-feet (west - existing building) IO-feet (minimum)*
2S-feet (maximum)*
Rear Setback O-feet (east - new building) O-feet (minimum)
Side Setback 1 O-feet (north - existing and new IO-feet (maximum)*
building)
Side Setback 9-feet (south - existing building) IO-feet (maximum)*
* Note: Lot coverage and setbacks when located within the TDA overlay district.
** Note: See park analysis below
J. PARKING ANALYSIS: (see attached site plan for context of building and parking lot locations)
EXISTING OFFICE AND APARTMENT BUILDING (2,6 1 2-square feet, one bedroom
apartment)
Office:
I,688-square feet
. ECC Section 8-4-5 requires 1 parking space per 2S0-square feet of gross floor area for
"Business or Professional Office" uses:
1,688 + 250 = 6.7-parking spaces required
Apartment:
One 2-bedroom apartment
. ECC Section 8-4-5 requires 2 parking spaces including 1 covered for each 2 or more
bedroom apartment unit:
2 bedroom apartment = 2-parking spaces including 1 covered parking space
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PROPOSED OFFICE AND APARTMENT BUILDING (2.S03-square feet. two 2 bedroom
apartments)
Office:
I,OS7-square feet
. ECC Section 8-4-5 requires 1 parking space per 2S0-square feet of gross floor area for
"Business or Professional Office" uses:
1,057 + 250 = 4.2-parking spaces required
Apartments:
Two I-bedroom apartment
. ECC Section 8-4-5 requires 1.5 parking spaces including 1 covered for each 1 bedroom or
studio unit:
Two 1 bedroom apartments = 3-parking spaces including 2 covered parking spaces
COMBINED REQUIRED TOTAL FOR THE EXISTING AND PROPOSED OFFICE AND
AP ARTMENT BUILDINGS
Existing office and one 2 bedroom apartment: 8.7-parking spaces including 1 covered
parking space
Proposed office and two 1 bedroom apartments: 7.2-parking spaces including 2 covered
parking spaces
Total: 15.9-parking spaces including 3 covered parking spaces
COMBINED PROPOSED TOTAL FOR THE EXISTING AND PROPOSED OFFICE AND
APARTMENT BUILDINGS
Total: 6-parking spaces including 3 covered
In accordance with Resolution No. 07-I9A, to stimulate the development of the downtown area,
any two or three story mixed use development shall be permitted a 20% parking reduction by this
Resolution. This resolution also permits the first 50% of the remaining parking spaces to have the
in lieu payment fee waived; however, the remaining 50% of the spaces shall pay the in lieu
payment of$S,700.00 each.
IS.9-parking spaces including 3 covered parking spaces required multiplied by 20% = 3.18-
parking spaces
IS.9-parking spaces including 3 covered parking spaces minus 3.18 = 1 2. 72-parking spaces
I2.72-parking spaces including 3 covered parking spaces minus 6-parking spaces shown on
site plan date stamped by the City on April 2, 2008 = 6.72-parking spaces including 3 covered
parking spaces
6.72-parking spaces divided by 50% = 3.36-parking spaces ~ 4-parking spaces
4-parking spaces requiring in lieu payment of 55,700.00 each = 522,800.00
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K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One multi-tenant office building with two apartments
upstairs.
Height and Number of Stories of Proposed Buildings: Thirty one feet; two stories.
Gross Floor Area of Proposed Buildings:
First floor = I,OS7-square feet
Second floor = I,446-square feet
Total = 2,S03-square feet
On and Off-Site Circulation:
A I,700-square foot (approximately) paved parking lot provides parking for vehicles using this
site. There is a vacated alley along the south property of this site. The parking associated with this
project is accessed via the vacated alley which provides access to 2nd Street.
L. BUILDING DESIGN FEATURES:
Roof: Asphalt shingles (black)
Walls: Horizontal lap siding (Villita and Lemon Grass - Kelly Moore)
Windows/Doors: Vinyl windows with grids (Bravado - Kelly Moore), Metal doors with glass
panels (White - Kelly Moore)
Fascia/Trim: Hardboard (White - Kelly Moore)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are several trees located along the
west and north property line that are to be retained. There is one Silver Maple tree located near the
southeast comer of the existing building that is in fair to poor condition that the City Forester
suggests removing.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: This portion of the project does not abut a public street, however, the frontage of the
entire site was approved with the original design review application to convert the residence to an
office and apartment building (DR-4S-02).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
No perimeter landscaping is proposed on the east property line. The developer
paid a surety to the City for the cost of a five foot (5') wide landscape stripe to be
installed on the east property line once the adjacent property redevelops.
b. Interior Landscaping: 0% interior landscaping is required, 0.5% is proposed.
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N. TRASH ENCLOSURES:
The applicant is proposing to use the existing trash enclosure that was constructed with the parking
lot improvements for the development to the south of this site.
O. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be located on the north building elevation, located under the
staircase to the apartments, and screened with a screen wall to match the construction of the
building.
P. 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.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
R. PUBLIC SERVICES A V AILABLE:
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.
S. PUBLIC USES PROPOSED: None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
U. 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
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
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W. 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 - see note 8
Eagle Fire Department - No opposition. A complete set of building plans is required to be
reviewed and approved by the Eagle Fire Department prior to issuance of a building permit.
Idaho Department of Transportation - no comment
Idaho Power Company
New Union Ditch Company
X. LETTERS FROM THE PUBLIC: None received to date.
y. CITY FORESTER COMMENTS:
Memo from City Forester, dated May 5, 2008 (is incorporated herein by reference and is attached
to the staff report).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
. Eagle City Code Section 8-4-5
Offices, business and professional
For each unit with 2 or more bedrooms - 2 including 1
covered; for each 1 bedroom or studio unit - 1.5 including 1
covered. 0.25 spaces per unit shall be provided for guest
parking. Adjacent on street parking spaces on a local street
may be credited toward the guest parking requirement
1 per 250 square feet of gross floor area
Apartments or multi-family dwellings
C. DISCUSSION:
. On October 23,2002, the Eagle City Council approved a design review application to convert an
existing residential dwelling unit into an office and construct a two story addition for office and an
apartment (DR-4S-02) on this site. The applicant is proposing to construct a building on the
eastern portion of the property located at 148 North 2nd Street. The existing parking and
landscaping located on the eastern portion of this site will be replaced with a multi-tenant office
building with two 1 bedroom apartments located upstairs. The parking for the original office and
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apartments will be modified to accommodate the new building. The architectural style of the
proposed building is Craftsman. The siding on the new building will match that which was used
on the original office/apartment building. The applicant is proposing to use four over one sash
windows on the south elevations only. The windows on the north building elevation are shown to
be slider windows. Since the building is proposed to be built with a zero setback on the east
property line, this wall has to be fire rated. The fire rating on the east building elevation prohibits
the applicant from installing windows on this elevation that would help break up the large fa~ade
of the building.
. The site and landscape plan date stamped by the City on April 3, 200S, does not show a landscape
buffer to be constructed on the east property line. When the original application, DR-4S-02, was
approved by the City Council on October 23, 2002, the applicant was permitted to submit a surety
to the City for the required landscape buffer that was permitted to be located on the City's
property. Staff recommends that the five foot (5') wide landscape buffer required on the east
property line not be required based on the previous action of the City Council.
. The site plan date stamped by the City on April 3, 200S, shows a total of six (6) parking spaces to
be constructed on this site with the construction of the new office/apartment building. On
December 11, 2007, the Eagle City Council approved Resolution No. 07-I9A, to stimulate the
development of the downtown area. This resolution permitted a 20% parking reduction, the first
50% of the remaining parking spaces to have the in lieu payment fee waived, and to allow trees
evaluated by the City Forester to be removed without replacement costs.
The following is a breakdown of the required parking for the existing and proposed building with
their associated uses:
IS.9-parking spaces including 3 covered parking spaces required multiplied by 20% = 3.IS-
parking spaces
IS.9-parking spaces including 3 covered parking spaces minus 3.IS = 1 2. 72-parking spaces
I2.72-parking spaces including 3 covered parking spaces minus 6-parking spaces shown on
site plan date stamped by the City on April 2, 200S = 6.72-parking spaces including 3 covered
parking spaces
6.72-parking spaces divided by 50% = 3.36-parking spaces - 4-parking spaces
4-parking spaces requiring in lieu payment of 55,700.00 each = 522,800.00
The applicant should be required to submit payment to the City in the amount of$22,SOO.00 for
the cost of the 4-parking spaces not covered by Resolution No. 07-I9A and not provide on site.
The in lieu payment should be submitted to the City prior to the City issuing a zoning certificate
for this site.
. There is a Silver Maple tree located near the southeast comer of the existing building. The
applicant is proposing to remove this tree as it is in fair to poor condition. Per the City Foresters
memo dated May 5, 200S, concurs with the removal of the tree because of its condition and
because in the past it has been topped. Resolution No. 07-I9A, allows the removal of trees
evaluated by the City Forester and City Council that are not of extraordinary value or historic
significance.
. Staff defers comment regarding building design and colors to the Design Review Board.
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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 May 8, 2008, at which time
the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Koci absent) to approve DR-I9-08 for a design review application to
construct a multi-tenant office/retail and apartment building for Yesterday Properties, LLC, with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Submit an in lieu payment to the City in the amount of$S,700.00 $22,800.00 for the cost of the 1.4-
parking spaces not 00verea by ResoIutiofl "No. 07 I9i\ aDd not provide on site. The in lieu payment
shall be submitted to the City prior to the City issuing a zoning certificate for this site.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
S. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
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STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
S. 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
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Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City 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, 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.
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
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Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
IS. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use 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 oflandscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 2, 200S.
2. Requests for agencies' reviews were transmitted on April 11, 200S, 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-I9-0S) with regard to the Eagle City Code Title S, 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, the
Eagle Comprehensive Plan, and Resolution No. 07-I9A.
The Board analyzed the parking for this site and determined that, pursuant to Resolution No. 07-I9A,
the development of the site may include a 20% reduction in the required amount of parking spaces.
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Further, the applicant should be required to pay to the City an amount equal to 50% of the required in
lieu of parking space fee for those spaces not being constructed. The following parking analysis was
used by the Board to determine the amount of parking spaces required pursuant to Eagle City Code
and the resulting spaces to be provided pursuant to the application of Resolution 07-19 A (refer to site
specific condition of approval number 1 on page 9).
Resolution No. 07-I9A Parking Calculation
Exam Ie
100.00
20.00
80.00
40.00
40.00
less 50% required for in lieu a ent
parking spaces required to be provided on site
or in lieu payment
6.36 less 50% required for in lieu pa ment
6.00 parking spaces provided on this site
0.36 or I-parking space requiring in lieu
payment to the City
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (Central Business District) zoning district.
DA TED this 220d day of May 2008.
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----SharOliK. Bergmann, Eagle City Clerk
Page 13 of 13
K:\Planning DeptlEagle ApplicationslDr\2008IDR-19-08 Yesterday Off-apt bldg drf.doc