Findings - DR - 2014 - DR-50-14 - Construct A 49,720 Sq' Assisted Living/Memory Care Facility BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR AN ASSISTED )
LIVING AND MEMORY CARE FACILITY )
FOR GARDNER COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-50-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 9, 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:
Gardner Company, represented by Eric Anderson with ALC Architecture, is requesting design
review approval to construct a 49,720-square foot assisted living and memory care facility (First
Floor—24,600-SF; Second Floor—25,120-SF). The 1.34-acre site is located on the north side of
West State Street approximately 1,300-feet east of Park Lane at 77 North Fisher Park Way within
Arts West Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 26, 2014, and supplemental
information on September 3, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 4, 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).
On October 23, 2012,the Eagle City Council approved a rezone from A-R(Agricultural-
Residential)to MU-DA(Mixed Use with development agreement)for the property located at 3605
West Flint Drive.
On May 28, 2013,the Eagle City Council approved a modification to the rezone development
agreement(RZ-08-03 MOD3).
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 Assisted Living and
Memory Care Facility
North of site Mixed Use MU-DA (Mixed Use with a Club House for Edgewood
development agreement) Assisted Living
South of site Mixed Use MU-DA (Mixed Use with a Two Proposed Multi-tenant
development agreement) Office/Retail/Restaurant
Buildings
East of site Mixed Use MU-DA(Mixed Use with a Vacant Lot within Arts
development agreement) West Subdivision
West of site Mixed Use MU-DA (Mixed Use with a Vacant Land
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
Vacant lots within Arts West Subdivision. The parking area on this site has been developed.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.34-acres(58,298-square feet) 0.11-acres(5,000-square feet)
(minimum)
Percentage of Site Devoted to 42% (approximately) 50%(maximum)
Building Coverage
Percentage of Site Devoted to 32% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 30-parking spaces 22-parking spaces
Front Setback 21-feet(south) 20-feet(minimum)
Rear Setback 20-feet(north) 20-feet(minimum)
Side Setback 12-feet(west) 7.5-feet(minimum)
Side Setback 22-feet(east) 7.5-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for assisted living and memory care
facility.
Height and Number of Stories of Proposed Buildings: 37-feet in height;two stories.
Gross Floor Area of Proposed Buildings:
First Floor= 24,600-square feet
Second Floor= 25,120-square feet
Total= 49,720-square feet
On and Off-Site Circulation:
An 11,270-square foot (approximately) paved parking lot provides parking for vehicles using this
site. Ingress/egress to the site is provided by several drive aisles providing access to the north and
to the south.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt shingle(weathered wood)
Walls: Stucco (SW Silver Song, Rustic Taupe), Hardi Board (SW Ice Mist, Coastal Fog, Kings
Port Gray), Stone Veneer(Eldorado Stone Montecito)
Windows/Doors: Vinyl windows(gray)
Fascia/Trim:
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within the
existing landscape islands. Most of the trees are to be saved and protected throughout the
construction of this building;however,there are two (2)ash trees that are proposed to be removed.
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Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: No street trees are proposed adjacent to this site because the building is going to be
located adjacent to the existing attached sidewalk. The developer of Arts West Subdivision
installed street trees along the south side of the east/west access drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
The perimeter parking lot landscaping was reviewed and approved with the design review
application for the common area landscaping within Arts West Subdivision(DR-67-07).
M. TRASH ENCLOSURES:
One 216-square foot trash enclosure is proposed to be located on the north side of the proposed
building adjacent to the patio area. The application indicates that the enclosure is to be
constructed of CMU but does not indicate the material of the gates or the color of the CMU.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The application indicates that the roof
top units are to be screen from view by the parapet or roof.
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
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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
Ballantyne Ditch Company
Eagle Fire Department
Idaho Transportation Department
Settlers Irrigation District
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. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 RULES AND DEFINITIONS:
NURSING/CONVALESCENT HOME: Establishments providing care on a twenty four(24)
hour basis for persons requiring regular medical attention, but excluding facilities providing
surgical or emergency medical services. This classification also includes senior assisted living
facilities with provisions for shared kitchen facilities and rooms with private bathrooms.
• Eagle City Code Section 8-2A-6(A)(5)Utilities:
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(B)(6)Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to
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a maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other
locations. Additional height may be permitted if a conditional use permit is approved by the
city council.
• Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
• Eagle City Code Section 8-4-5 SCHEDULE OF PARKING REQUIREMENTS:
Nursing/convalescent homes, sanitariums, children's homes, 1 for each 3 beds
asylums and similar uses
C. DISCUSSION:
• The applicant is requesting design review approval to construct a 49,720-square foot assisted
living and memory care facility within Arts West Subdivision. Pursuant to the letter submitted by
the architect, the architectural style of this building falls within the Italianate style indicated within
the EASD Book. The elevations of the building present symmetrical porticos derived from white
classical columns, barrel vaulted stucco pediments and stucco entablature sets. Stone accents,
wood accents, and multiple styles of cementitious siding materials are utilized to achieve a
residential look consistent with the existing residences. The colors and materials proposed to be
used in the construction of this building complement those that have been used on the existing
buildings within this development. Staff defers comment regarding the building design and colors
to the Design Review Board.
• The design of this building changed from what was originally submitted on August 26, 2014,
therefore, the application and justification letter do not indicate the new building elevations
submitted September 3, 2014. The overall height of the building is 37-feet. Pursuant to Eagle
City Code, buildings located within the mixed use zone are permitted to be a maximum of 35-feet
in height. Additional height may be permitted if a conditional use permit is approved by the City
Council. The applicant should be required to provide revised building elevations showing the
height of the building does not exceed 35-feet in height. The revised building elevations should be
reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate.
• As noted in the discussion bullet above,the design of the building changed. The original design of
the building showed a large hip roof. The applicant indicate the mechanical units were to be
located within the attic of the large hip roof or behind the parapet in a few locations. Pursuant to
Eagle City Code, roof top mechanical units are required to be completely screen from view by the
parapet walls or building. The applicant should be required to provide a roof plan indicating
where the roof top mechanical units are to be located. Detailed elevations plans showing the roof
top mechanical units in relation to the parapet walls and mansard roof should be submitted. The
roof plan and detailed elevations plans should be reviewed and approved by the Design Review
Board prior to the issuance of a zoning certificate.
• Pursuant to Eagle City Code, trash enclosures are required to be screened by a 5-foot wide by 6-
foot high landscape buffer. The trash enclosure proposed adjacent to the patio located on the north
side of the building only has landscaping proposed on the west side of the enclosure. The
applicant should be required to provide a revised landscape plan showing a 5-foot wide landscape
buffer on the north side of the trash enclosure. The revised landscape plan should be reviewed and
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approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
• The letter from the Ballentyne Ditch Company, date stamped by the City on September 16, 2014,
indicates they are requesting the applicant tile the open portion of the Ballentyne Ditch. The open
portion of the Ballentyne Ditch they are referring to is not located on this property but is located on
the property to the north of this development. Since the ditch the Ballentyne Ditch Company is
referring to is not located on this site, staff is not recommending the applicant be required to make
improvements off-site that are not associated with this site.
• 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 October 9, 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 (Schafer absent; Baer abstained)to approve DR-50-14 for a design review
application to construct an assisted living and memory care facility 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 any applicable conditions of the Design Review application for the common area
landscaping within Eagle Island Crossing Subdivision(DR-67-07).
2. Comply with any applicable conditions of the rezone development agreement(RZ-08-03 MOD3).
3. Provide revised building elevations showing the height of the building does not exceed 35-feet in
height. The revised building elevations shall be reviewed and approved by the Design Review Board
prior to the issuance of a zoning certificate.
Note: The Design Review Board approves the height of the building at an overall height of 37 feet,
based on the roof structure being 35 feet in height and the decorative parapet wall being 37 feet in
height. It is the Board's opinion that the two additional feet provides visual interest to the building
and complements other buildings in the area.
4. Provide a roof plan indicating where the roof top mechanical units are to be located. Detailed
elevations plans showing the roof top mechanical units in relation to the parapet walls and mansard
roof shall be submitted. The roof plan and detailed elevations plans shall be reviewed and approved
by the Design Review Board prior to the issuance of a zoning certificate.
5. ' . -. . . .. .. - •-
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6. Provide detailed elevations of the trash enclosure showing the materials and colors to be used in the
construction of the enclosure and the gates match that which has been used on other trash enclosures
within this development. 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.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application and none are approved.
12. Roof top mechanical units, hoods,vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application.
15. A 5-foot wide landscape strip on the north side of the trash enclosure is not required since the existing
concrete wall located on the north property line of this development screens the trash enclosure from
the residences to the north.
16. Provide revised elevation plans showing greater architectural detail(i.e.: headers over the second floor
windows, faux hip roof elements)on the north and west building elevations. 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.
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
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for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. 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.
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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.
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.
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 26, 2014.
2. Requests for agencies' reviews were transmitted on September 4, 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-50-14) 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.
If the applicant desires to keep the building designed with an overall height of 37-feet, the Design
Review Board is supportive of a height exception based on the roof structure being 35-feet in height
and the decorative parapet wall being 37-feet in height. It is the Board's opinion that the two
additional feet provides visual interest to the building and complements other buildings in the area.
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.
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DATED this 23rd day of October 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
HRobert GrZ, airman eA-s OF EAC
IC de.
ATTEST: awe, *
. * SEAL
,u�.a.AA4 .. COF � e•
Sharon Bergmann, Eagle City lerk Pstoma•
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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