Findings - DR - 2014 - DR-24-14 - 2Multi-Tenant Office/Retail/Restaurant Buildings BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR TWO MULIT- )
TENANT OFFICE/RETAIL/RESTAURANT )
BUILDINGS FOR GARDNER COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-24-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 22, 2014. The Board continued this item to June 12, 2014, June 26, 2014, and to July 10, 2014,
and made their decision at that time. 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:
Gardner Company, represented by Brad Smith with Babcock Design Group, is requesting design
review approval to construct two(2)multi-tenant office/retail/restaurant buildings. The 0.73-acre,
0.56-acre, and 0.582-acre sites are located 276-feet west of North Fisher Park Way within Eagle
Island Crossing at 27, 21, and 17 North Fisher Park Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 10, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 14, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004,the Eagle City Council approved a comprehensive plan amendment and
rezone(CPA-3-03 &RZ-8-03)with a development agreement(including a concept plan)for this
site.
On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony Subdivision
(PP-07-04)on this site.
On April 17, 2007,the Eagle City Council approved a preliminary plat time extension for
Symphony Subdivision (PP-07-04) on this site.
On November 13, 2007, the Eagle City Council approved a conditional use permit for a height
exception request for the Arts West Music Academy building(CU-13-07).
On November 13, 2007,the Eagle City Council approved the common area landscaping and Arts
West Music Academy building(DR-67-07).
On November 12, 2008,the Eagle City Council approved a modification to the rezone
development agreement to permit a restaurant with a drive-thru(RZ-08-03 MOD).
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On June 28, 2011,the Eagle City Council approved a modification to the rezone development
agreement to permit a restaurant with drive-thru prior to Fisher Park Way being connected to Flint
Drive(north from State Highway 44)(RZ-08-03 MOD2).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant lots within Arts
development agreement) West Subdivision
Proposed No Change No Change Two Multi-tenant
Office/Retail/Restaurant
Buildings
North of site Transitional Residential MU-DA(Mixed Use with a Vacant lots within Arts
development agreement) West Subdivision
South of site Public/Semi-Public PS (Public/Semi-Public)
Single Family Dwelling
East of site Mixed Use MU-DA (Mixed Use with a
development agreement) Multi-tenant building
within Arts West
Subdivision
West of site Mixed Use MU-DA (Mixed Use with a
development agreement) Roundabout/Vacant lot
within Arts West
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
Vacant lot within Arts West Subdivision. The parking area on this site has been developed, as
well as the adjacent street with street trees.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.87-acres(81,457-square feet) 0.11-acres(5,000-square feet)
0.73-acres (31,798-square feet) (minimum)
1.14-acres(49,658-square feet)
Percentage of Site Devoted to Bldg A= 17%(approximately) 50%(maximum)
Building Coverage Bldg C =22% (approximately)
Percentage of Site Devoted to 10%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 74-parking spaces total 65-parking spaces*
Bldg A site=24-parking spaces
Bldg C site= 50-parking spaces
Front Setback Bldg A =90-feet(north) 20-feet(minimum)
Bldg C=92-feet(north)
Rear Setback Bldg A=48-feet(south) 20-feet(minimum)
Bldg C=47-feet(south)
Side Setback Bldg A=30-feet(west) 7.5-feet(minimum)
Bldg C =39-feet(west)
Side Setback Bldg A=43-feet(east) 7.5-feet(minimum)
Bldg C =42-feet(east)
*Note: Parking required when using parking calculations for retail and office use (1-parking space per 250-SF). A
restaurant use would require 1-parking space per 150-SF.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two buildings to be used as office/retail/restaurant.
Height and Number of Stories of Proposed Buildings: 26' high; one story.
Gross Floor Area of Proposed Buildings:
Building A =5,332-square feet
Building C= 10,872-square feet
On and Off-Site Circulation:
A more than adequately sized paved parking lot provides parking for vehicles using these sites.
Ingress/egress to the sites are provided by two access points located on the south side of North
Fisher Park Way.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt shingles(Shadow Gray),membrane
Walls: Stucco (Ashley Gray, Brown Tar, Kahlua and cream, Blair Gold), Stone (Bucks County
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Country Ledgestone)
Windows/Doors: Aluminum store front(Dark Bronze)
Fascia/Trim: EIFS (Brown Tar), Metal Coping Cap(Brown Tar)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along North Fisher
Park Way and on the south side of the pathway adjacent to State Highway 44.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: The street trees along North Fisher Park Way were installed by the developer of Arts
West Subdivision.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: The perimeter parking lot landscaping was reviewed and approve with
the design review application for the common area landscaping within Arts West Subdivision
(DR-67-07).
M. TRASH ENCLOSURES:
One 320-square foot trash enclosure is proposed to be located along the west side of the site
approximately-feet south of the driveway on Eagle Road. The enclosure is proposed to be
constructed of CMU walls with stucco finish and metal gates, all of which will be painted to
complement the buildings.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The sheet labeled"Exterior
Elevations", date stamped by the City on April 10, 2014, show the roof top mechanical units will
extend above the parapet walls of the buildings. Pursuant to Eagle City Code, all roof top
mechanical units are required to be completely screen from view by the parapet walls when viewed
from the same level of the top of the parapet walls.
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:
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.
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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:
Boise River Flood Control District#10
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Tesoro Logistics NW Pipeline
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 designates this site as Mixed Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Building placement shall be designed such that parking areas are at the sides of buildings, but not
concentrated between the buildings and State Highway 44. Any buildings facing State Highway
44 shall be located at varied angles with the roadway to provide variety and to alleviate any walled
corridor effect. The criteria to meet this requirement shall be reviewed and approved by the
Design Review Board, prior to the issuance of any building permits.
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• All buildings on lots contiguous to the State Highway 44 right-of-way shall be designed and
constructed with architectural features and materials that enhance the entry corridor into the City.
All buildings shall comply with the architecture styles found in the Eagle Architecture and Site
Design (EASD)book. Architectural styles not shown within the EASD book will not be
considered.
• Service driveways to the building sites facing the road rights-of-way shall be designed to maximize
the landscaping abutting the buildings without compromising function and utility. All lots and
buildings shall be configured so as to screen any and all loading areas and trash enclosures from
view as seen from residential uses or roadways. Screening materials and location of the loading
docks and trash containers shall be reviewed and approved by the Design Review Board prior to
issuance of any building permits.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.10 Excluding the residential subdivision located on Lots 1 and 2, Block 1, all buildings require the
approval of the Design Review Board. The design of the buildings shall incorporate residential
elements to ensure compatibility with surrounding uses. All buildings shall be designed in
accordance with the Eagle Architecture and Site Design book(EASD)as set forth in Eagle City
Code Section 8-2A.
D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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, and the design review board
shall consider:
• Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation
plan);
• 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.
E. DISCUSSION:
• The applicant is proposing to construct two multi-tenant office/retail/restaurant buildings.
Building A is proposed to be 5,332-square feet and Building C is proposed to be 10,872-square
feet. The applicant's justification letter indicates that the architectural style of the two buildings
falls within the Tudor Style of architecture as indicated within the EASD book. The style, colors,
materials, etc. proposed to be used in the construction of these buildings complements those that
have been used on the existing buildings already constructed within this development. It is staff's
opinion that while the buildings complement the other buildings within this development,these
buildings are lacking some of the detail that was used in the construction of the other buildings. In
addition Building C is 152-feet in length and there is only one architectural element proposed in
the middle of the building on the north and south building elevations. Pursuant to Eagle City
Code,the mass of buildings are to be reviewed for their relationship with existing development
with regard to height to width and openings and change in building facades in the building that
provide interested.
While staff recognizes the applicant is constructing buildings in which they are unsure of the
potential tenants and that they want to preserve the ability to accommodate any future tenant, staff
is concerned about the"store front"stucco look on the south building elevations of both buildings.
As indicated on the elevations plans,the roof top mechanical units are not proposed to be
completely screened from view. Pursuant to Eagle City Code, all roof top mechanical units are to
be completely screened from view by the parapet walls, meaning not visible at the same level or
elevation of the parapet wall. With the applicant needing to extend the height of the walls on these
buildings, staff is concerned that the overall mass of these buildings will be exasperated in even
more because the increased height of the buildings.
Staff has provided elevation plans of the existing buildings to show the detail provide on the
existing buildings in relation to the two buildings being proposed with this application. Notice
the stone on the columns and corners of the building extend to the horizontal accent band,there
are dormer windows with mullions located above all the store front windows and entrances, the
buildings have vertical relief either vertically and/or in planer change,the"gingerbread"detail on
the existing buildings helps provide visual interest to the facades of the buildings.
The applicant should be required to provide revised building elevations showing greater detail on
the proposed buildings to help break up the mass of the buildings. The revised building elevations
should be reviewed and approved by the Design Review Board prior to the issuance of a zoning
certificate.
The applicant should be required to provide revised building elevations showing all roof top
mechanical units, hoods, ladders, vents, etc. are completely screened from view by the parapet
walls. The revised building elevations should be reviewed and approved by the Design Review
Board prior to the issuance of a zoning certificate.
• 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 to consider the application was held before the Design Review Board on May 22, 2014.
The Board continued the item to June 12, 2014, June 26, 2014, and July 10, 2014, 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(Martin absent)to approve DR-24-14 for a design review application to
construct a multi-tenant office/retail/restaurant building for Gardner Company, 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 all applicable conditions of the Design Review application for the common area
landscaping within Eagle Island Crossing Subdivision (DR-67-07).
2. Comply with all applicable conditions of the comprehensive plan amendment, rezone and preliminary
plat applications for Eagle Island Crossing Subdivision(formerly known as Symphony Subdivision)
(CPA-03-03/RZ-08-03 &PP-07-04).•3. • - - - ..' . : - - - ._ .• . .:. . ' : : . .
. -- ' -
' :.. . . .., _ - _--- -• •.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Roof top mechanical units, hoods,vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
11. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
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12. No signs are proposed with this application and none are approved. A separate design review sign
application for the approval of a master sign plan for this building is required prior to any signs being
constructed on either of these buildings.
13. The elevation, roof, and floor plans, date stamped by the City on July 2, 2014, are approved.
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
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
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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.
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.
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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
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 10,2014.
2. Requests for agencies' reviews were transmitted on April 14, 2014, 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-24-14) 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 MU-DA(mixed use with development agreement)zoning district.
DATED this 24th day of July 2014.
DESIGN REVIEW BOARD
OF THECITYO E• i L
Ada County 1/a o '
Robert Grubb, Chairman •a""""'••.,
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Sharon K. Bergmann, Eagle City C erk �'• ST TATS
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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\2014\DR-24-14 Two Multi-ten bldgs in Eagle Island Crossing drf.doc