Findings - DR - 2013 - DR-01-13 - Construct A New Office Bulding And Building Additin To Existing Shop For Summer Lawns BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A NEW )
OFFICE BUILDING AND BUILDING ADDITION )
TO EXISTING SHOP FOR SUMMER LAWNS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-01-13
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 14, 2013. 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:
Summer Lawns,represented by James Gipson, is requesting design review approval to construct a
new two story office building(3,274-square feet total)and an addition to the existing shop(1,404-
square foot addition). The 5-acre site is located on the west side of North Horseshoe Bend Road
approximately 475-feet south of East Floating Feather at 11075 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 4, 2013.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 8, 2013, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 26, 2012, the Eagle City Council approved an annexation and rezone application for
Summer Lawns (A-01-12 &RZ-01-12).
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four A-R-DA(Agricultural- Summer Lawn Landscape
(Residential,four units Residential-up to one(1)unit Nursery
per acre maximum) per five(5) acres with a
development agreement)
Proposed No change No Change No Change
North of site Residential Four A-R(Agricultural- Agricultural
(Residential,four units Residential-up to one(1)unit
per acre maximum) per five(5) acres)
South of site Residential Four R-4 (Residential,four units Single Family Residential
(Residential,four units per acre maximum) (Shadowview Subdivision)
per acre maximum)
East of site Residential Three R-2 (Residential,two units Horseshoe Bend
(Residential,three units per acre) Road/Single Family
per acre maximum) Residential
West of site Residential Four Residential One(Residential, Single-Family Residential
(Residential,four units one unit per acre maximum)
per acre maximum) /Agricultural Residential(One
unit per five acres maximum)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently utilized for a landscape maintenance business where they raise trees on site for
landscape projects within the area. There is an existing office,a shop, and numerous sheds located
throughout the site.There is landscaping around the existing office building, along the frontage of
Horseshoe Bend Road, and along the north and south property lines of the site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 5-acre(217,800-SF) 4.7-acre(204,732-SF)
Percentage of Site Devoted to 5% (approximately) 10%(maximum)
Building Coverage
Percentage of Site Devoted to 92%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 13-parking spaces 14-parking spaces(minimum)
Front Setback 60-feet(east)* 60-feet(minimum)
Rear Setback 995-feet(west)* 30-feet(minimum)
Side Setback 30-feet(north)* 30-feet(minimum)
Side Setback 87-feet(south)* 30-feet(minimum)
*Note:To new structures or building additions
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One new office building and a building addition to the
existing shop.
Height and Number of Stories of Proposed Buildings:
Office Building—27' 10";two story.
Shop Building— 14'; one story.
Gross Floor Area of Proposed Buildings:
Office Building—3,274-total square footage(2,392-SF-1st floor,882-SF-2nd floor)
Shop Building—2,214-total square footage(720-SF-existing, 1,404-SF-new)
On and Off-Site Circulation:
A 6,050-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway is proposed to be located on the east side of this site
approximately 83-feet north of the south property line providing access to North Horseshoe Bend
Road.
K. BUILDING DESIGN FEATURES:
New Office Building
Roof:Architectural Fiberglass Shingles-Charcoal
Walls:Hardiboard Siding(Cream)
Windows/Doors:Vinyl Windows(Grey)
Fascia/Trim:Hardiboard(Brown)
Shop Addition
Roof:Metal(Grey)
Walls:Metal(Grey)
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Windows/Doors:Vinyl windows(Grey),metal doors(Grey)
Fascia/Trim:Metal trim(Grey)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees located
throughout the site that are to be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board
Street Trees: There are several existing trees located on this site in close proximity to Horseshoe
Bend Road. No new street trees are being proposed along Horseshoe Bend Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
There is existing landscaping on the east,north and south sides of proposed
parking area.
b. Interior Landscaping: 5%interior landscaping is required, 9%is proposed.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The site plan, date stamped
by the City on January 4, 2013, indicates the ground mounted mechanical units will be screened by
a 4-foot high fence. However,the application, date stamped by the City on January 4, 2013,
indicates the ground mounted mechanical units are to be screened by arborvitae plantings.
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 new signs are proposed with this application. A separate design review application is required
for the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have been received by the City. A water service approval has not been received to date. Approval
of the water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-Yes—Located in proximity to the structures located at the eastern portion of the
site.Also,buffer area located adjacent to the north and south property lines.
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—Construct vertical curb, gutter, and 5-foot wide detached
sidewalk along Horseshoe Bend Road. Widen the existing driveway to a maximum of 30 feet..
Boise Independent School District—No comments regarding traffic impact or safe routes to
school impact.
Central District Health—Approval can be granted after written approval from sewer and water
are submitted. If the building is to utilize on-site sewage disposal, a septic permit must be
obtained from CDHD.
Chevron Pipe Line—No Conflicts
Eagle Fire Department—No opposition to this application; however, a complete set of building
plans shall be submitted to the Eagle Fire Department for review and approval prior to any
building permits being issued.
Idaho Department of Lands—No impact on State Trust Lands at this time.
Idaho Transportation Department—No objection to the proposed building. No access to SH-55 is
approved with this application.
Middleton Irrigation Association, Inc. and Middleton Mill Ditch Co.—Outside of their 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 August 25, 2009) designates this site as
Residential Four.
Residential Four
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Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to four(4)units per one(1)acre.
B. DEVELOPMENT AGREEMENT PROVISION,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPSAL:
3.1 The Concept Plan (Exhibit B) represents the Owner's current concept and approved uses for the
Property. Prior to future development and/or change of use on the Property the Owner will submit
a development agreement modification application with a revised Concept Plan. The owner will
also submit such applications regarding design review,preliminary and final plat reviews, and/or
any conditional use permits,if applicable, and any other applicable applications as may be required
by Eagle City Code, which shall comply with Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.2 The horticulture operation, nursery, and accessory landscaping business is the only approved use
for the site. Any change of use will require a modification to this agreement prior to the change of
use.
3.3 The owner shall not allow fumes or odors (from grass clippings) to be generated from the site. If
any fumes or odors (from grass clippings) are generated from the site those fumes and/or odors
shall be mitigated within a 24-hour period.
3.4 The accessory structures located adjacent to the north and south property lines shall be allowed to
remain at their current locations. Should an accessory structure be removed or replaced, a new
accessory structure shall meet the setback and location requirements for the A-R-DA(Agricultural-
Residential up to one(1)unit per five(5)acres with a development agreement)zone.
C. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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. A copy of the EASD book is available at Eagle city hall.
• Eagle City Code Section 8-2A-6(A)(6)
Building Design:
a.Building Mass:The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies,bays,porches,covered entries,
overhead structures,awnings,changes in building facade and roofline alignment,to
provide shadow relief.Avoid monotonous flat planes;
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d. Relationship Of Exterior Materials:The design review board shall determine the
appropriateness of materials as they relate to building mass,shadow relief,and existing
area development.Use of color to provide blending of materials with the surrounding area
and building use,and the functional appropriateness of the proposed building design as it
relates to the proposed use shall be considered; and
e. Allowed Architectural Styles:The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-2A-6(B)(1)(k)
Metal:metal siding shall be anodized, shall have a concealed fastener system,shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance.These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented towards the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings;is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped, designed,
and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
• Eagle City Code Section 8-2A-6(B)(2)(e)
Metal; standing seam,batten seam(concealed fasteners required);
Metal,standing seamfbatten seam is prohibited on mansard roof sections facing a road.
D. DISCUSSION:
• The site is currently utilized for a landscape maintenance business, Summer Lawns, where they
raise trees on site for landscape projects within the area. There is an existing office, a shop, and
numerous sheds located throughout the site. There is landscaping around the existing office
building, along the frontage of Horseshoe Bend Road, and along the north and south property lines
of the site. The applicant is requesting design review approval to construct a new 3,274-square
foot office building near the northeast corner of the site and to construct a 1,404-square foot
building addition to the existing shop. The applicant's justification letter indicates that the
architectural style of the building is to be "Prairie School" design as described within the EASD
Book. The building has a low pitched hip roof with charcoal architectural fiberglass shingles,
hardiboard siding with vertical board wainscot all of which will be painted earth tone colors.
The applicant is requesting design review approval to construct a 1,404-square foot addition to the
existing 720-square foot metal shop. The applicant is proposing to construct the building addition
to match the existing shop with regard to materials and colors. Pursuant to Eagle City Code, metal
siding is prohibited on the portion of any building facing a road; however, a waiver of this
requirement may be allowed if the applicant shows that metal is architecturally compatible with
surrounding buildings, is architecturally compatible with other nonmetal buildings in the city; and
is attractively landscaped, designed, and situated, to eliminate the stark utilitarian look intended to
be prevented by code. If the Board determines that metal siding and roofing is permitted on this
building, concealed fasteners should be used.
Staff defers comment regarding the building design of both the new office and the addition to the
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shed to the Design Review Board.
• The applicant is proposing to use ground mounted mechanical units. The site plan, date stamped
by the City on January 4, 2013, indicates the ground mounted mechanical units will be screened by
a 4-foot high fence. However, the application, date stamped by the City on January 4, 2013,
indicates the ground mounted mechanical units are to be screened by arborvitae plantings. The
applicant should be required to provide detailed elevations of the 4-foot high fence showing the
materials and colors to be used in the construction of the fence or provide a revised landscape plan
showing the plant material to be planted around the base of the mechanical units. The detailed
fence elevations or revised landscape plan should be reviewed and approved by the Design Review
Board prior the issuance of a zoning certificate.
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 February 14, 2013,
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 5 to 0 (McCullough and Comstock absent)to approve DR-01-13 for a design
review application to construct a new office building and building addition to existing shop for
Summer Lawns,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. Comply with any applicable conditions of A-01-12 &RZ-01-12.
• ' - -- . - - - . - - - - ' -- • _ - _ . - '. _. . . . _. •-
around the base of the mechanical units. The detailed fence elevations or revised landscape plan shall
3. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City, at the time of building permit submittal,for the Planning and Zoning plan
review.
7. Paint all electrical meters,phone boxes, etc.located on the building to match the color of the building.
8. No signs are proposed with this application
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9. Provide a revised site plan showing required parking based on Eagle City Code. The revised site plans
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
10. Provide revised elevation plans of the shop building addition showing the man door and window to be
located on the east building elevation 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.
11. Provide color samples of the metal building. The colors shall complement the new office building
The samples shall be reviewed and approved by staff and two members of the Design Review Board
prior to the issuance of a zoning certificate.
12. The existing and proposed metal shop elevations are approved.
13. Provide revised elevation plans of the new office building showing the windows on the south and east
building elevations to have additional architectural detail around them. The revised elevations shall be
reviewed and approved by staff and one member of the Design Review Board prior to the 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
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
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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
Department prior to the City Engineer signing the final plat.
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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
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
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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 January 4, 2013.
2. Requests for agencies' reviews were transmitted on January 8, 2013, 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-01-13) 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 as described herein.
The Board recognizes that the building materials of the existing and proposed shop building do not
comply with code with regard to the use of metal on the building face; however, it is the Board's
opinion that metal be permitted in this instance based on the complications associated with modifying
the existing architecture in order to comply with code. The Board also recognizes that there is
extensive landscaping existing on this site and the distance that the building sets back from Horseshoe
Bend Road make the building very difficult to see. It is based on the compatibility with the existing
structure and distance the structure is set back from the public right of way that the Board recommends
approval of this project as proposed and with the modifications noted herein.
4. Will, in fact,constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the A-R-DA(agricultural-residential with development agreement)zoning district.
DATED this 28th day of February 2013.
DESIGN REVIEW BOARD
OF T OF EAGLE
A.• Co IJI)
•
Eric R.McCul ough, Chairman
Page 12 of 13
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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 13 of 13
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