Findings - DR - 2011 - DR-31-11 - Construct A Public Service Facility For The Chevron Pipeline Block Valve •
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
PUBLIC SERVICE FACILITY FOR THE )
CHEVRON PIPELINE BLOCK VALVE FOR )
CHEVRON PIPELINE COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-31-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on September 8, 2011. 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:
Chevron Pipeline Company, represented by Tom Denison, is requesting design review approval to
construct a public service facility for a remotely operated block valve. This block valve will
replace the existing underground manual block valve currently located on the east side of
Ballantyne Lane approximately 850-feet to the northwest of this site. The new 0.03-acre site is
located just north of the City of Eagle western entry sign and partially within the right-of-way of
West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 9, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 9, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: CU-04-11 (conditional use application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use PS (Public/Semipublic) Public road (West State
Street)
Proposed No Change No Change Pipeline block valve
North of site Residential Two A (Agricultural) Agriculture
South of site Public/Semipublic RUT(Rural-Urban Transition State Highway 44 and
—Ada County Designation)— Eagle Sewer District
PS-DA (Public/Semipublic treatment facility
with a development
agreement)
East of site Mixed Use PS (Public/Semipublic) City of Eagle entrance sign
West of site Mixed Use PS (Public/Semipublic) Ada County Highway
District park and ride
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site where the proposed pipeline and block valve is to be installed is currently in the right-of-
way for West State Street approximately 200-feet north of the intersection with State Highway 44.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1,799-square feet(approximately) N/A
Percentage of Site Devoted to 0.04% (64-square feet) N/A
Building Coverage (approximately)
Percentage of Site Devoted to 0%* 10%
Landscaping
Number of Parking Spaces N/A N/A
Front Setback N/A N/A
Rear Setback N/A N/A
Side Setback N/A N/A
Side Setback N/A N/A
* Note — The applicant is not proposing landscaping at this time. Landscaping requirements will be addressed with the
future expansion of the block valve.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct a five foot (5') masonry wall with three feet (3') of
decorative fencing located on top of the wall to be utilized to screen the proposed remotely
operated pipeline block valve.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing to construct an eight foot by eight foot (8' x 8') single-story service
building located within the northeast corner of the enclosed area.
Gross Floor Area of Proposed Buildings: 64-square feet.
On and Off-Site Circulation:
Upon completion the site will be accessed from the existing pavement on West State Street.
K. BUILDING DESIGN FEATURES:
Roof: Aluminum
Walls: Clap board wood type product
Door: Aluminum/metal
Fascia/Trim: Aluminum
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees:None
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
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Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District 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. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—No site specific conditions of approval.
Central District Health—No objection.
Chevron Pipeline Company—No conflicts.
Eagle Fire Department—Recommends the overhead power lines be buried. If the power lines are
buried, the Department has no opposition to the application.
Eagle Sewer District—Indicated since the proposed project will not impact their facilities they
have no comment.
Flood Control District#10—No conditions to recommend to the City of Eagle.
Idaho Transportation Department—No comment.
United Water of Idaho—No comment, as this application is outside their certificated service area.
W. LETTERS FROM THE PUBLIC:None received to date.
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 3, 2011) designates this site as Mixed
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Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited retail, and residential
developments. Uses should compliment uses within Downtown Eagle. Developments within
this land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 10 units per 1 acre.
• Chapter 4—Schools,Public Services, and Utilities
4.9.4 Other Services and Utilities Implementation Strategies
G. Chevron Pipeline: The City should strive to remind developments and utilities of the
presence of the Chevron Pipeline if the developments or utilities are planning work in the
vicinity of the pipeline.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 defines Public Service Facility as:
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 8-2-1 Districts Established. Purposes and Restrictions:
PS Public/Semipublic: To provide for public/semipublic development such as golf courses,
parks, recreation facilities, greenways, schools, and public service facilities such as
government offices.
• Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
1 may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD book will
not be considered.
• Eagle City Code Section 8-2A-6(A)(2)
Site Landscaping: The site landscaping shall minimize impact on adjacent properties through
the proper use of screening with sound and sight buffers,and unsightly areas shall be
concealed or screened and the design review board shall consider:
a. The location,height, and materials of walls,fences,hedges and screen plantings to
ensure harmony with adjacent development;
b. The location and type of new plantings,with due regard to preservation of specimen
and landmark trees, and to maintenance of all plantings;
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c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas,trash receptacles, service areas,truck loading areas, utility
buildings and other unsightly developments;
d. The installation of sound and sight buffers, the preservation of public views, light and
air, and the consideration of those landscape aspects of design which may have substantial
effects on neighborhood development, land uses, and amenities;
e. The design and use of open spaces and parks; and
f. The permanent maintenance of all landscaped areas and fencing.
• Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(B)(2)Roofs:
e. Metal; standing seam, batten seam(concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8-2A-6(B)(5) Colors:
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors
of the building.
• Eagle City Code Section 8-2A-7(A)
Landscape Plan Required: A landscape plan is required for all developments requiring a
design review, including, but not limited to, all subdivisions. The landscape plan shall be
drawn to scale(no smaller than 1 inch equals 30 feet)and shall indicate the following:
• Eagle City Code Section 8-2A-7(B)
2. Landscaping shall cover a minimum of ten percent(10%)of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area,may be included in the ten percent(10%)
landscape coverage requirement.
• Eagle City Code Section 8-2A-7(J)Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space(land)and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
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.
b. When a parking lot abuts a residential activity, a five foot(5')wide by six foot(6')high
landscaped buffer is required.
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
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from a residential activity or public street right of way, a five foot(5')wide by six foot(6')
high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of,but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a
minimum of sixty percent(60%)of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or
decorative wall.
• Eagle City Code Section 8-2A-7(L)
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles, screen unsightly views, establish a
pleasing view for motorists,and create a safe and pleasant corridor for pedestrians.
a. The landscaped strip shall be ten feet(10')wide minimum and planted with one shade
tree and ten(10)shrubs for every thirty five feet(35')of street frontage. Two(2)
ornamental or two(2)evergreen trees may be substituted for one shade tree.
C. DISCUSSION:
• The applicant is requesting approval to construct a remotely operated block valve (associated with
the Chevron pipeline). This block valve will replace the existing underground manual block valve
currently located on the east side of Ballantyne Lane approximately 850-feet northwest of this site
(near Countryside Estates Subdivision). The land that the proposed facility is to be located on is
currently ACHD right-of-way and the applicant has only been able to acquire a lease for the 30-
foot by 40-foot wide area. The applicant indicated that upon the completion of the realignment of
West State Street and the vacation of said right-of-way,they plan to acquire additional land. With
that said, the current application does not show any landscaping proposed around the perimeter of
the facility because it is ACRD right-of-way. Staff defers comment regarding the required
landscape buffers and screening to the Design Review Board.
• The site plan, date stamped by the City on August 9, 2011, shows an overhead power line located
diagonally across the east corner of the facility. The Eagle Fire Department review letter, date
stamped by the City on August 17, 2011, recommends that the overhead power line be buried
underground to prevent a potential safety concern since overhead power lines carry
flammable/combustible liquids. Pursuant to Eagle City Code, overhead utilities are required to be
installed underground (with the exception of the Chevron pipeline block valve). The applicant
should be required to provide a revised site plan showing all utilities to be installed underground.
The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The applicant submitted building elevations for a service building, date stamped by the City on
August 23, 2011, which show a structure similar to what will be located at the northeast corner of
the enclosed area. The service building will contain electrical equipment associated with the
remotely controlled block valve. Most of the service building will be concealed by the masonry
wall enclosure. A metal roof is proposed on the equipment building. Pursuant to Eagle City
Code, metal roofs are required to have concealed fasteners. Eagle City Code also requires
buildings to comply with one of the nine (9) architectural styles within the EASD book. The
applicant should be required to provide revised building elevation plans indicating the metal roof
to have concealed fasteners. The revised elevation plans should be reviewed and approved by staff
prior to the issuance of a zoning certificate. Staff defers comment regarding the architectural style
of the service building located within the block valve facility.
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• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on September 8,
2011, 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).
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Design Review
Board by one individual with concerns about the timing of construction, how long the project will take
to complete from start to finish, and how the site will be accessed.
BOARD DECISION:
The Board voted 4 to 0 (McCullough, Grubb, and Comstock absent)to approve DR-31-11 for a
design review application to construct a public service facility for the Chevron Pipeline block
valve for the Chevron Pipeline Company,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 any applicable conditions of CU-04-11.
2. Provide a revised site plan showing all utilities to be installed underground (with the exception of the
Chevron pipeline block valve). The revised site plan shall be reviewed and approved by staff prior to
the issuance of a zoning certificate.
3. Provide revised building elevation plans indicating the metal roof to have concealed fasteners. The
revised elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
10. Provide a detailed cut sheet of any light fixtures proposed within the facility. The light fixtures shall
comply with Eagle City Code with regard to the lamp and lens being screened from view. The cut
sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to
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the issuance of a zoning certificate.
11. Provide revised elevation plans of the service building showing the wall mounted air conditioning unit
to be located closer to the ground. The revised elevation plans shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
12. Provide revised elevation plans showing the service building with a gabled/pitched roof on it. The
revised elevation plans shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
13. Provide documentation showing how the site will be accessed from West State Street to the site via an
access easement approved by Ada County Highway District or whoever has jurisdiction of the land
where the easement will cross. This documentation shall be provided to the City prior to the issuance
of a zoning certificate.
14. Provide written approval from Ada County Highway District allowing the driveway to be located on
West State Street which will provide access to the easement that provides access to this site. Written
approval from Ada County Highway District shall be provided to the City prior to issuance of a zoning
certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
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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. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association, or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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
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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 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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
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requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. 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).
26. 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.
27. 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 August 9, 2011.
2. Requests for agencies' reviews were transmitted on August 9, 2011, 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-31-11) 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 PS (public/semipublic)zoning district.
DATED this 22nd day of September 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County I.aho
.r R X41 c M C Cy..0%.L.4„4
Eric R. McCullough, ' hairman
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s`° . Cf7.
ATTEST: ++ '�••CO•••'•O.{���%
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Sharon K. Bergmann, Eagle City C1:11 • .4%
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2011\DR-31-11 Chevron Pipeline Block Valve drf doc