Findings - DR - 2014 - DR-42-14 - Construct At Chateau Des Fleurs A Multi-Use Building 16,519' BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR THE )
CHATEAU DES FLEURS A MULTI- )
USE BUILDING FOR SAF,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-42-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 11, 2014. 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:
SAF, LLC, represented by Dana Kaufman with Insight Architects, is requesting design review
approval to construct a 16,519-square foot multi-use building. The uses include tea room, art
gallery, offices, restaurant, garden area, and other similar uses). The site is located on the south
side of West State Street at the current terminus of South Rosebud Lane (just south of the Camille
Beckman facility)at 4001 West Old Valley Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 31,2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 5, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 21, 2000,the City Council approved an annexation and rezone with a development
agreement(A-01-00/ZOA-01-00).
On April 10, 2001, the Eagle City Council approved a planned unit development preliminary
development plan and conditional use permit for a mixed use planned development (PPUD-08-
00/CU-21-00).
On April 3, 2001, the Eagle City Council approved a design review application for the Camille
Beckman Office and Production Facility—Phase 1 (DR-01-01).
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 Mixed Use MU-DA (Mixed Use with Camille Beckman Office
Development Agreement) and Production Facility
Proposed No Change No Change Tea room, art gallery,
offices, restaurant, and
garden area
North of site Mixed Use MU-DA (Mixed Use with Pasture
Development Agreement)
South of site Residential One RUT(Residential)Ada Residence/Pasture
County Designation
East of site Public/ Semi-Public & PS (Public/ Semi-Public) & Two Residences
Residential One RUT (Residential) Ada
County Designation
West of site Mixed Use RI (Residential)Ada County Pasture
Designation
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing 104,000+ square foot office and production facility for Camille Beckman.
There is an existing parking lot on the east and west sides of the production facility that are to
remain and provide access to this site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 3-acres(130,680-SF) 0.11-acres(5,000-SF)
Percentage of Site Devoted to 2%(approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 12%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 110-parking spaces proposed to 163-parking spaces
be constructed with this facility
147-parking spaces existing
Front Setback 48-feet(north) 20-feet
Rear Setback 380-feet(south) 20-feet
Side Setback 984-feet(west) 7.5-feet
Side Setback 196-feet(east) 7.5-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as multi-use building.
Height and Number of Stories of Proposed Buildings: 33' 9"in height; one story.
Gross Floor Area of Proposed Buildings: 16,519-square feet.
On and Off-Site Circulation:
A 59,000-square foot (approximately) paved parking lot provides parking for vehicles using this
site. The parking area for this facility will be accessed from the existing parking lots located on
the east and west sides of the Camille Beckman facility providing access to Old Valley Road and
West State Street.
K. BUILDING DESIGN FEATURES:
Roof: Concrete roof tile(dark grey)
Walls: Concrete or stucco(lime washed—white), stone trim(white/cream)
Windows/Doors: Wood clad windows and doors(white)
Fascia/Trim: Stucco(acid washed—white/cream)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees that are
to be retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
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Street Trees: There are no public streets within this development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 285-square foot trash enclosure is proposed to be located near the northeast corner of the
parking area located on the east side of the new building. The enclosure is proposed to be
constructed of lime washed concrete walls with stone cap and metal gates; all of which will match
the materials and colors used in the construction of the new building.
N. MECHANICAL UNITS:
The applicant is proposing to use one large roof top mechanical unit. The roof top mechanical unit
is proposed to be completely screened from view by the mansard roof of the building. No ground
mounted mechanical units are proposed and none are approved.
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:
A preliminary approval letter from Eagle Fire Department has 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
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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:
Eagle Fire Department
Idaho Transportation Department
Middleton Mill Ditch Company and Middleton Irrigation Association—Sawtooth Law
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:
• Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development 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.
B. 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)(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);
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• Eagle City Code Section 8-4-4-3 JOINT/COLLECTIVE PARKING FACILITIES:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area,the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces
are in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
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7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent(20%) of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent(20%)of the sum of the number required for each use served unless a conditional
use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided. (Ord. 309, 1-27-1998)
C. DISCUSSION:
• The applicant is requesting design review approval to construct"Chateau Des Fleurs", a building
that will have numerous uses(i.e.:tea room, art gallery,restaurant, gatherings, events, etc.). The
architecture of the building was chosen to compliment the function of the building and the existing
Camille Beckman production facility. Though the architectural style chosen for the building is not
listed in the EASD book, its elegant style has several of the architectural elements listed under the
Italianate, Queen Anne, and Romanesque Revival styles of architecture.
Pursuant to the letter submitted by the architect,the ornate and grand building design caters to the
use as a large event center through architectural features typical of the French Chateau
architectural style and caters to a manor house or a country house of nobility in the French region.
The walls are to be constructed of white lime washed concrete and ornament stone surrounds. The
stone trim will be used to compliment the windows and doors. Balconies with ornate metal hand
rails have been placed symmetrically on the north and south building elevations to break the plane
of the building. A steep pitched mansard roof of concrete roof tiles is proposed to give the
traditional look of this style of architecture as well as to screen the roof top mechanical unit.
Dormers have been incorporated into the mansard roof to add rhythm and symmetrical patterns on
the building elevations. The doors and windows have been placed symmetrically on the building
elevations.
Staff recognizes that the architectural style of the proposed building does not comply with one of
the architectural styles listed within the EASD book,however; staff recommends the Board allow
the applicant to provide their presentation of their vision of how this building and site will be used
for the many venues they anticipate utilizing this facility.
• In addition to the applicant's vision of how the building's architecture will flow from the outward
appearance to the internal finishes, layout, and art gallery,the applicant has taken great care to
designed the gardens around this facility to represent the styles of Gertrude Jekyll and Rosemary
Verey. The grounds are to be planted with romantic flowers, both perennials and annuals, and
color coordinated in ribbons of color and will be referred to as"The Ribbon Garden".
• As noted above and within the applicant's justification letter,there are numerous uses proposed to
utilize this facility. According to the Chateau des Fleurs parking calculation sheet, date stamped
by the City on September 3, 2014, a total of 163-parking spaces are required for the uses proposed
and 110-parking spaces are proposed to be constructed with the construction of this building.
There are 147-parking spaces on the east and west sides of the Camille Beckman production
facility. Pursuant to the applicant's justification letter, since the majority of the events will occur
on weekends and evenings,the applicant proposes to utilize the existing parking associated with
the Camille Beckman production facility. The applicant should be required to enter into a cross
access and joint parking agreement with the property owner of the Camille Beckman production
facility. The cross access agreement should allow access to this site from both the east and west
parking areas of the Camille Beckman production site. The joint parking agreement should allow
the Chateau des Fleurs to utilize 53-parking spaces located on the Camille Beckman production
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facility. The cross access and joint parking agreement should be reviewed and approved by the
Zoning Administrator and should be recorded in the Ada County Recorder's office prior to the
City issuing a zoning certificate.
• 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 11,
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 5 to 0(Brasher and Martin absent)to approve DR-42-14 for a design review
application to construct a multi-use building for the Chateau des Fleurs for SAF, LLC, 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 an applicable conditions of FPUD-07-14.
2. A cross access and joint parking agreement shall be created by City Staff and provided to the applicant
for their review. The cross access agreement allowing access to the Chateau des Fleurs site through
the Camille Beckman production facility shall be entered into and the joint parking agreement shall
allow the Chateau des Fleurs to utilize 53-parking spaces of the Camille Beckman production facility.
The cross access and joint parking agreement(s) shall be reviewed and approved by the Zoning
Administrator and shall be recorded in the Ada County Recorder's office prior to the City issuing a
zoning certificate.
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. No ground mounted mechanical units are proposed with this application and none are approved.
8. Roof top mechanical units, hoods,vents, access ladders shall not be permitted to extend above the
mansard roofs.
9. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application.
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11. Comply with any applicable conditions of the Eagle Fire Department. Approval from the Eagle Fire
Department shall be obtained prior to submitting revised site, landscape, and building elevations to the
City.
12. Provide detailed elevations showing size,materials, and colors to be used in the trellises and gazebos.
The detailed elevations 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 revised site, landscape, and building elevation plans reflecting any changes made by the Eagle
Fire Department. The revised site, landscape, and building 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.
14. The revised elevation plans, dated September 11, 2014, are approved. The elevations shall reflect the
same materials and colors proposed on the original submittal are to be used on the revised elevations.
Provide detailed elevation plans indicating the specific materials and colors to be used on the revised
elevations plans. 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.
15. Provide a revised landscape plan showing additional screening around the ground mounted mechanical
unit structures. The revised landscape plan 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
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permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction,rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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:
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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.
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
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 31, 2014.
2. Requests for agencies' reviews were transmitted on August 5, 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-42-14) 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 25th day of September 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co.nty, Ira o
Robert Grubb, Chairman .•OF EAGL-F '•.,��,
: QOi A T4' 41\
ATTEST: u /gip• , T.V
haron . Bergmann, Eagle City Clerk '''•solos'•'`
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-42-14 Chateau des Fleurs bldg drf.doc