Findings - DR - 2008 - DR-21-08 - Construct A Multi-Tenant Office/Personal Improvement Builidng
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MULTI-TENANT )
OFFICEIPERSONAL IMPROVEMENT BUILDING )
FOR GORDON AND MEREDITH ST. CLAIR )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-21-08
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:
Gordon and Meredith St. Clair, represented by Scott Clark with ABC Drafting and Design
Services, are requesting design review approval to construct a 2, II3-square foot multi-tenant
office/personal improvement building. The 0.2I-acre site is located on the north side of East State
Street approximately 200-feet east of Academy Avenue at 1334 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 3, 200S.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 10, 200S, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-22-0S (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-2 (General Business District) Vacant/use to have
residential dwelling on it
Proposed No Change No Change Multi-tenant office/ personal
improvement bldg.
North of site Residential R-4 (Residential Four) Residential dwelling
South of site Commercial M-I (Light Industrial District) Formerly Musick's Auction
East of site Commercial C-2 (General Business District) Residential dwelling
West of site Commercial C-2 (General Business District) DeAnne's Hair Salon
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: A residential dwelling was located on this site; however, it
has been removed along with the one Colorado Spruce tree that was located near the north east
comer of the property.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site O.2I-acres (13,5 1 7-square feet) 0.04-acres (2,OOO-square feet)
Percentage of Site Devoted to 16% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 55% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces IO-parking spaces 9-parking spaces (minimum)
Front Setback 1 O-feet (south) O-feet (minimum)
Rear Setback 48-feet (north) O-feet (minimum)
Side Setback 16- feet (west) O-feet (minimum)
Side Setback 3 Yl-feet (east) O-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant office/personal
improvement building.
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Height and Number of Stories of Proposed Buildings: 23-feet, one story with a clerestory.
Gross Floor Area of Proposed Buildings: 2,II3-square feet.
On and Off-Site Circulation:
A 4,OI6-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One I4-foot wide driveway is proposed to be located on the west side of this site adjacent to
the west property line providing access to East State Street.
K. BUILDING DESIGN FEATURES:
Roof: Architectural Shingle (Black)
Walls: Synthetic lap siding (Brocade Cream), Drystack Ledgestone (Eldorado-China Mtn. Stack),
Stucco (Pilaster-Surrey Beige and Clerestory - Autumn Haze)
WindowslDoors: Bronze Frame with Oak Alley Trim color
Fascia/Trim: Trim (Oak Alley), Soffit (Pennyroyal)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There was one Colorado Spruce tree
located near the northeast comer of the site. The tree was located in the future drive aisle location.
Tree Replacement Calculations: Per the City Foresters Tree Appraisal Summary, the cost to
replace the Colorado Spruce tree is $400.00.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: No street trees have been proposed adjacent to East State Street. Per Eagle City
Code, the applicant is required to provide three (3) street trees along East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping: Perimeter landscaping has been proposed on the north and
east sides of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 96-square foot trash enclosure is proposed to be located near the north side of the parking lot
area approximately 136-feet north of the driveway on East State Street. The enclosure is to be
constructed oftrex fencing material on three (3) sides as well as for the gate.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with screen walls constructed of the stone to match
that which is used on the building.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
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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 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.
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 - no
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
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Central District Health - See Note 8
Chevron Pipeline - No conflict with Chevron Pipe Line
Eagle Fire Department - No opposition, but a complete set of building plans need to be reviewed
by the Eagle Fire Department prior to any building permits being issued.
Idaho Department of Transportation - No comment
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated April 4, 200S (incorporated herein by reference and is attached to
the staff report).
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Commercial.
B. 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
I.Sx caliper of tree removed
1 x caliper of tree removed
. Eagle City Code Section 8-2A-7(J)(2)(b)
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
. Eagle City Code Section 8-2A-7(J)(2)(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)(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 8-4-4-2(A)(2)
Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
. Eagle City Code Section 8-4-4-2(A)(S)(d)
Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned
parcel of land or parcel of land used for residential purposes.
C. DISCUSSION:
. The applicant is proposing to construct a Prairie School style building with lap siding, stone
wainscoting, and stucco elements on the comers. The building is very symmetrical with a low
pitched roof and wide overhanging eaves.
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. The applicant has removed a seven inch (7") Colorado Spruce tree from the northeast comer ofthe
site. The tree was removed to provide a full twenty four foot (24 ') drive aisle for the parking lot of
this development. The City Forester completed a tree appraisal of the Colorado Spruce tree and
valued the tree at $400.00. The applicant should be required to submit payment in the amount of
$400.00 to the City of Eagle Tree Fund for the removal of the seven inch (7") Colorado Spruce
tree prior to the City issuing a zoning certificate for this site.
. The applicant is proposing to construct a fourteen (14) foot wide driveway adjacent to the west
property line to provide access to and from East State Street. The width of this driveway access
does not meet Eagle City Code which requires drive aisles to be a minimum of twenty four (24)
feet wide for two way traffic. The use on the property to the west of this site is a hair salon
(DeeAnn's Hair Design). There are no street improvements along East State Street adjacent to this
site (i.e.: curb, gutter, or sidewalk). In order to reduce the number of driveways along East State
Street, applicants are requested to share driveways. Once the property owner of the site to the west
of the subject site redevelops or constructs curb, gutter, and sidewalk along East State Street, a full
twenty four (24) foot wide driveway will be constructed (ten (10) feet on the property to the west).
. The applicant is proposing to construct the trash enclosure near the northeast comer of the site.
The trash enclosure is to be constructed oftrex fencing material on all three (3) sides as well as for
the gates. Per the landscape plan date stamped by the City on April 3, 200S, landscaping is only
proposed on the west and north sides ofthe trash enclosure. Per Eagle City Code, the enclosure is
required to be screened on all three sides by a five (5) foot wide by six (6) foot high landscape
buffer. The applicant should be required to provide a revised landscape plan showing a five (5)
foot wide landscape buffer to be located on the east side of the 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.
. The site plan date stamped by the City on April 3, 200S, shows a future east/west cross-access to
be located on the east property line, at the end of the drive aisle for the parking lot. The landscape
plan does not indicate a future cross-access to be located on the east property line. The landscape
plan shows a Honey Locust tree to be located in the location of the future east/west cross-access
drive. The applicant should be required to provide a revised landscape plan showing the Honey
Locust tree to be located outside of the future east/west cross-access drive aisle. The revised
landscape plan should be reviewed and approved by staffand one member of the Design Review
Board prior to the City issuing a zoning certificate for this site.
The applicant should be required to provide a cross-access agreement between this site and the
properties to the east and west. The cross-access agreement should be reviewed and approved by
the Zoning Administrator and should be recorded in the Ada County Recorder's office prior to the
City issuing a zoning certificate for this site.
. The landscape plan date stamped by the City on April 3, 200S, shows eight (S) deciduous and/or
flowering trees to be located on the north side of the meandering sidewalk and three (3) evergreen
trees to be located on the south side of the meandering sidewalk adjacent to East State Street. The
overhead power line is located on the north side of the meandering sidewalk. It is staff s opinion
that to provide visual interest to passing motorist and pedestrians that a few of the deciduous
and/or flowering trees should be located on the south side of the meandering sidewalk. The
applicant should be required to provide a revised landscape plan showing a few of the deciduous
and/or flowering trees to be located on the south side of the meandering sidewalk adjacent to East
State Street. 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.
. 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-2I-08 for a design review application to
construct a multi-tenant office/personal improvement building for Gordon and Meredith St. Clair,
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 payment in the amount of$400.00 to the City of Eagle Tree Fund for the removal of the seven
inch (7") Colorado Spruce tree prior to the City issuing a zoning certificate for this site.
2. Provide a revised landscape plan showing a five (5) foot wide landscape buffer to be located on the
east side 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.
3. Provide a revised landscape plan showing the Honey Locust tree to be located outside of the future
east/west cross-access drive aisle. 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.
4. Provide a cross-access agreement between this site and the properties to the east and west. The cross-
access to the east shall provide for a twenty four (24) foot wide drive aisle to the property to the east.
The cross-access agreement shall be reviewed and approved by the Zoning Administrator and shall be
recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site.
S. Provide a revised landscape plan showing a few of the deciduous and/or flowering trees to be located
on the south side of the meandering sidewalk adjacent to East State Street. 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. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
10. No ground mounted mechanical units are proposed with this application and none are approved.
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11. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application. A separate design review application (DR-22-0S) has been
submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
14. Provide a written agreement with the neighbor to the west indicating a cooperative ioint effort to install
a twenty four (24) foot wide paved driveway that will access both properties. The ag:reement will be
reviewed and approved by staff prior to the City issuinl! a building permit.
15. Provide a revised site plan indicatinl! the fence along the north property line is to be Trex fencinl!. The
revised site plan shall be reviewed and approved by staff prior the City issuing a zoninl! certificate for
this site.
16. Provide revised buildinl! elevation plans showing transom windows to be located over all windows and
the l!rid work to be removed from the east and west windows on the north and south elevations. The
revised buildinl! plans 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.
17. Provide a revised site and landscape plan showinl! a minimum twenty (20) foot wide drive aisle at the
northwest comer of the site. The revised site and landscape plan shall be reviewed and approved by
staff prior to the City issuinl! zoning certificate for this site.
IS. Provide a revised landscape plan showing l!reater density of shrub material throul!hout the property.
More density of shrub material shall be achieved with plant material with varied color. texture. and
form. Particular attention shall be made to the rear and east property lines. as well as the south
elevation ofthe building. The revised landscaoe plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuinl! a zoninl! certificate for this site.
19. Provide a revised landscape plan showinl! the arborvitae to be located around the trash enclosure to be
a minimum of six (6) foot in heil!ht at the time of planting. The revised landscape plan shall be
reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
20. Provide a revised landscape plan showing all shrub material to be located within a bark mulch planter
bed. The revised landscape plan shall be reviewed and approved by staff and one member of the
Desil!n Review Board prior to the City issuing a zoning certificate for this site.
21. Provide a revised landscape plan showinl! a Key to identify the abbreviations of the plant material to
be installed on 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.
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.
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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
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
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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 ofthe development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
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
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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 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 3, 2008.
2. Requests for agencies' reviews were transmitted on April 10, 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-2I-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-2 (general business district) zoning district.
Page 11 of 12
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DA TED this 22nd day of May 200S.
ATTEST:
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'""'Sharon It: Bergmann, Eagle City Cler
Page 12 of 12
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