Findings - DR - 2015 - DR-01-15 - Construct 7,048 Sq' Medical Office Bulidng For Eagle Vision One •
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MEDICAL )
OFFICE BUILDING FOR EAGLE VISION )
ONE FOR LEGENDARY,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-01-15
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 12, 2015. 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:
Legendary, LLC, represented by Rob Powell with Dave Evans Construction, is requesting design
review approval to construct a 7,048-square foot medical office building for Eagle Vision One.
The 1.45-acre site is generally located on the northwest corner of South Eagle Road and State
Highway 44 at 355 South Eagle Road within Three Oaks Plaza.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 8, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 14, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16, 2008, the Eagle City Council approved a rezone application with development
agreement for Three Oaks Plaza(RZ-10-08).
On November 18, 2008, the Eagle City Council approved a design review application for the
common area landscaping within Three Oaks Plaza, including a Walgreens Store(DR-58-08).
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 Downtown CBD-DA (Central Business Vacant parcel within Three
District with a development Oaks Plaza
agreement)
Proposed No Change No Change Medical Office for Eagle
Vision One
North of site Downtown CBD-DA(Central Business Walgreens Pharmacy with
District with a development drive-up service
agreement)
South of site Downtown CBD (Central Business District) Retail and medical clinic
East of site Downtown CBD-DA (Central Business Eagle Pavilion(Albertsons
District with a development and Albertsons Fuel
agreement) Center)
West of site Residential Four R-4(Residential up to four units Residential(Kestral Cove
per acre maximum) Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the Community Entry
Development Area(CEDA).
H. EXISTING SITE CHARACTERISTICS:
This is a vacant parcel within Three Oaks Plaza. The parking area, plaza area, and drive aisles
were developed when the Walgreens Pharmacy was constructed.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.45-acres (63,031-square feet) 500-square feet(0.1-acres)
(minimum)
Percentage of Site Devoted to 20%(approximately)* 20% (minimum)**
Building Coverage 85% (maximum)**
Percentage of Site Devoted to 45% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 100-parking spaces 100-parking spaces***
Front Setback 75-feet(east) 20-feet(minimum)**
Rear Setback 27.5-feet(west) 0-feet
Side Setback 63-feet(south) 10-feet(minimum)**
Side Setback 50-feet(north) 10-feet(minimum)**
*Note: All setbacks and building coverage have been measured from the building closest to the perimeter property line and
by calculating the proposed square footage of all buildings proposed within Three Oaks Plaza(DR-58-08).
**Note: Minimum building coverage and setbacks when located within the Community Entry Development Area(CEDA).
***Note:Minimum parking required for all uses within Three Oaks Plaza(DR-58-08).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One medical office building.
Height and Number of Stories of Proposed Buildings: 22' 5" in height; one story.
Gross Floor Area of Proposed Buildings: 7,048-square feet.
On and Off-Site Circulation:
A 64,815-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 40-foot wide driveway is located at the northeast corner of this development providing
access to Eagle Road, in alignment with Plaza Drive located on the east side of Eagle Road.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile(Boral Shadow Grey)
Walls: Stucco (SW Thunder Gray, Neutral Ground, SW Stucco), Manufactured stone (BC
Limestone)
Windows/Doors: Vinyl windows(dark bronze)
Fascia/Trim: Stucco(Thunder Gray)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located throughout
Three Oaks Plaza that are to be protected and retained.
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Tree Replacement Calculations: N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: The street trees along Eagle Road were installed by the developer of Three Oaks
Plaza.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
With the exception of the parking spaces adjacent to this building,the landscaping
around the perimeter of the entire parking lot was constructed and installed by the
developer of Three Oaks Plaza.
b. Interior Landscaping: 10% interior landscaping is required, 14%was installed.
M. TRASH ENCLOSURES: Existing, no change.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
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—500-year floodplain
Mature Trees-yes
Riparian Vegetation—yes-adjacent to Spoils Bank Canal(Drainage District No. 2)
Steep Slopes—yes-adjacent to Spoils Bank Canal
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Stream/Creek—yes-Spoils Bank Canal
Unique Animal Life- unknown
Unique Plant Life -unknown
Unstable Soils - unknown
Wildlife Habitat-unknown
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
Eagle Fire 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 Downtown.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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 (E)Community Entry Development Area:
1. Purpose: To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of thirty five feet(35').
b. Orientation: Shall be designed so that at least seventy percent(70%)of the building's
ground level, street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
c. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk
or plaza level.
d. Detailing: Architectural detailing shall be an important consideration for design approval.
Attention to detail in architectural elements shall include, but is not limited to, walls,
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pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges,
eaves, colors and materials.
e. Other: Such other nonconflicting architectural detailing, materials and colors as set forth
in this article.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter, the setback requirements below shall control.
a. Front building setbacks from the property line shall be twenty feet(20')minimum.
b. Side building setbacks shall be ten feet(10')minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor
dining, plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent(20%)
and a maximum of eighty five percent(85%) in which case off site parking shall be
provided for.
4. Parking:
a. Continuous front parking areas (off street) along State Street and Eagle Road not
permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. On street parking is prohibited on Eagle Road.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply
with the requirements contained within subsection G of this section.
6. Planning Considerations: In reviewing an application pursuant to this article, the design review
board shall give consideration to the following to determine compatibility with this article:
a. Entry Statement: Six(6)points of entry have been identified for consideration and are
shown on exhibit A-1 within the EASD book. However,the final location of the entry
statements may be redefined as development in the city progresses or if a more specifically
defined location is adopted as a part of the city comprehensive plan.
The following entry statement concepts for signage are encouraged: a permanent
monument sign, simple in design, identifying Eagle. A license agreement may be required
by the highway district having jurisdiction if the entry statement is proposed to be placed
within a public street right of way. Any construction within a public right of way would
require approval of the agency having jurisdiction.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 The commercial buildings shall be constructed utilizing "Prairie School" style architecture
(Exhibit "C") and shall be required to meet the design review requirements as set forth in
Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans for the development
is required prior to the issuance of building permits for commercial/retail buildings.
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3.3 Except for the limitations and allowances expressly set forth within and the other terms of this
Agreement, the Property can be developed and used consistent with the Central Business
District land uses allowed by the Eagle City Code Section 8- 2-3 "Official Schedule of
District Regulations", existing at the time a design review application or conditional use
permit application (whichever the case may be) is made for individual building use.
3.7 The applicant shall submit a design review application showing at a minimum: 1) proposed
development signage, 2) planting details within the proposed community events gathering
space, 3) footprints of proposed buildings to make a determination regarding, 4) landscape
screening details within the twenty foot (20') wide buffer area adjacent to the western
boundary line showing the landscaping to comply with the buffer requirements for a
commercial use adjacent to a residential use. The design review application shall be reviewed
and approved by the Eagle Design Review Board and Eagle City Council prior to the issuance
of a zoning certificate.
3.8 The building shown on the concept plan as Retail shall not exceed 14,900 square feet in size
and the building shown as Restaurant/Shops shall not exceed 13,840 square feet in size.
3.10 The future building on this site shall be connected to the public water system prior to the
issuance of a Certificate of Occupancy. Documentation from Eagle Water Company indicating
that potable water service has been approved to serve the site shall be provided to the City
prior to the issuance of a zoning permit.
3.11 Prior to issuance of any building permits, applicant shall provide proof of central sewer service
(Eagle Sewer District)to the proposed commercial uses.
3.15 The development shall comply with the Eagle City Code, as it exists in final form at the time
an application is made and the conditions within this agreement shall be satisfied.
3.18 A letter of approval shall be provided to the City from Drainage District No. 2 approving any
encroachments of the District's facilities. The applicant shall also provide a copy of any
License Agreement associated with the site prior to the issuance of building permits.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a new medical office building for
Eagle Vision One within Three Oaks Plaza. Per the applicant's justification letter, date stamped
by the City on January 8, 2015,they are proposing to construct the building in accordance with the
Prairie School style architecture as depicted within the EASD book. The pitch of the roof is low
with medium grey colored shake style concrete tile with wide overhanging eaves. Stone and
stucco are to be used on the building façade with windows arranged horizontally in multiple units.
The proposed architecture of the building,the building materials, and colors will complement that
which was used in the construction of the Walgreens building and will comply with the
requirement of the development agreement that required the building located on this site utilize the
"Prairie School"style of architecture.
• On November 18, 2008,the Eagle City Council approved the common area landscaping within
Three Oaks Plaza and the Walgreens building(which included this future pad site) (DR-58-08).
The setbacks, lot coverage, parking,plaza areas, etc. as required within the Community Entry
Development Area(CEDA)were suspended or relaxed in order for the developer to preserve
several large trees throughout the development and provide vehicular access throughout the
development as well as providing cross access to the parcels to the north and south of Three Oaks
Plaza.
• The applicant is proposing to construct their building on the northern portion of the vacant pad site
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located within Three Oaks Plaza. Sheet A1.0, date stamped by the City on January 8, 2015,
indicates a future building could be constructed south of this proposed medical building. The site
plan shows the water and sewer stubs terminating at the northeast corner of the proposed medical
building. Since the applicant is only developing a portion of this pad site,the applicant should be
required to stub water and sewer to the south for the future building. The stubs should be
terminated in a location that does not require the removal of asphalt or concrete to access the stubs.
Provide an as built plan showing the location of the water and sewer stubs. A site inspection by
city staff should be completed prior to a certificate of occupancy being issued for this building.
• 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 February 12, 2015,
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-01-15 for a design review application to
construct a medical office building for Legendary, 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 any applicable conditions of DR-58-08.
2. Provide water and sewer stubs to the south for the future building or provide documentation that
addresses the deficiency in sewer and water for the future building. The stubs shall be terminated in a
location that does not require the removal of asphalt or concrete to access the stubs. Provide an as
built plan showing the location of the water and sewer stubs. A site inspection by city staff shall be
completed or documentation submitted prior to a certificate of occupancy being issued for this
building.
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 for the Planning and Zoning plan review at the time of building permit
submittal.
7. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
8. No signs are proposed with this application. A separate design review application is required prior to
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the construction of any signs on this building.
9. Provide a revised landscape plan showing the junipers along the west side of the building to be
replaced with similar plant material but of a taller species. The revised landscape plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
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 January 8, 2015.
2. Requests for agencies' reviews were transmitted on January 14, 2015, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-01-15) 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 CBD-DA (central business district with development agreement)zoning district.
DATED this 26th day of February 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert rubb, Chairman — — �.r,{OF EA
• nit
I �t
ATTEST: 3 * • �'� ... *
SEAL
Sharon K. Bergmann, Eagle City Clerk ••.•,***OF**'**..•
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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