Findings - DR - 2015 - DR-13-15 - Construct A 2075 Sq' Office Building For Smythe Solutions Dba Draftech BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR AN OFFICE BUILDING )
FOR SMYTHE SOLUTIONS DBA DRAFTECH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-13-15
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 28, 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:
Draftech is requesting design review approval to construct a 2,075-square foot office building.
The 0.23-acre site is located on the north side of East State Street approximately 200-feet east of
South Academy Avenue at 1334 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 15,2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 20, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 10, 2008, the Eagle City Council approved a design review application for a multi-tenant
office/personal improvement building(DR-21-08).
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 C-2(General Business Vacant
District)
Proposed No Change No Change Office
North of site Residential R-4(Residential Four) Residential dwelling
South of site Downtown M-1 (Light Industrial District) Formerly Musick's
Auction
East of site Downtown C-2(General Business Residential dwelling
District)
West of site Downtown C-2(General Business Hair Salon
District)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA,or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant. Approximately two(2)years ago, ACRD
constructed curb, gutter,and a 5-foot wide detached sidewalk adjacent to East State Street abutting
this site.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.21-acres(13,517-square feet) 0.04-acres(2,000-square feet)
Percentage of Site Devoted to 16%(approximately) 92%(maximum)
Building Coverage
Percentage of Site Devoted to 55%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 10-parking spaces 9-parking spaces(minimum)
Front Setback 10-feet(south) 0-feet(minimum)
Rear Setback 48-feet(north) 0-feet(minimum)
Side Setback 16-feet(west) 0-feet(minimum)
Side Setback 3 Y2-feet(east) 0-feet(minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for an office.
Height and Number of Stories of Proposed Buildings: One story; 19-feet high.
Gross Floor Area of Proposed Buildings: 2,075-square feet.
On and Off-Site Circulation:
A 4,464-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the south side of this site adjacent to
the east property line providing access to East State Street.
K. BUILDING DESIGN FEATURES:
Roof: Composition shingle(black)
Walls: Stucco(agate gray),Brick(Balmoral)
Windows/Doors: Metal windows and doors(Black)
Fascia/Trim: Wood beams and posts(Dark Oak Stained)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: The applicant is not proposing to install any street trees along East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the north and south perimeter of the
proposed parking lot. No landscaping is proposed on the east perimeter of the
parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 6% is proposed.
M. TRASH ENCLOSURES:
One 32-square foot trash enclosure area is proposed to be located at the northwest corner of the
building approximately 140-feet north of the driveway on East State Street. The enclosure is
proposed to be constructed of stucco walls with a wood gate.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with a screen wall.
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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 the 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
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
Eagle Fire Department
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC:None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• 6.3.11 Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business,public,
quasi-public,cultural,residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use,Residential, Commercial and Professional Office.
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.
• Eagle City Code Section 8-2A-6(B)(3)Fences:
e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(J)(2)Minimum Requirements:
a. When a commercial or industrial use abuts a residential use,a ten foot(10')wide by six foot
(6')high landscaped buffer is required.
b. When a parking lot abuts a residential activity,a five foot(5')wide by six foot(6')high
landscaped buffer is required.
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 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two(2)adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a.Provide a minimum five foot(5')wide perimeter landscaped strip between the property
lines and the parking lot,and plant with a minimum of one shade tree and five(5)shrubs
per thirty five(35)linear feet of perimeter.
• Eagle City Code Section 8-2A-7(M)Parkway Strips, Separated Sidewalks,And Street Trees:
1.Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks
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shall be separated from the curb along all streets. Sidewalks shall be required when space
permits. An eight foot(8')wide minimum parkway planter strip planted with shade class(class
II)trees shall be required between the sidewalk and street to provide a canopy effect over
streets.
2. In all required applications,excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five(35)
linear feet of street frontage.
4.In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-4-4-2(A)Site Lighting:
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
3. Except as noted in subsection A4 of this section,all site lighting shall be recessed or
shielded to direct all light downward and the source of the light(including the lamp and any
nonopaque material/lens covering the lamp)shall not be directly visible by a person of average
height standing on the property line of any public right of way,or any private street,or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
5. Light pole fixtures shall have a maximum height of:
d.Fifteen feet(15')for any pole within fifty feet(50')of a property line of any
residentially zoned parcel of land or parcel of land used for residential purposes.
C. DISCUSSION:
• The applicant is requesting design review approval to construct a 2,075-square foot office
building. Pursuant to the applicant's justification letter date stamped by the City on April 15,
2015,the architectural design of the office building is to be"Prairie School"design as described
within the EASD Book. The building design is composed of rectangular forms,with an
asymmetrical entry and broad hipped low pitched roof.
Approximately two(2)years ago,curb, gutter,and a 5-foot wide sidewalk was constructed
adjacent to East State Street by ACHD. The drainage constructed with that project consisted of
swales located between the sidewalk and the back of curb and was fmished with sand in the
bottom with large cobble stones on the edges of the swales. While the completion of the sidewalk
through town is a benefit to the pedestrians,the design of the streetscape does not comply with the
City of Eagle streetscape. Pursuant to Eagle City Code, sidewalks are to be separated 8-feet from
the curb along all streets and planted with street trees every 35-feet. The applicant should be
required to provide a revised site and landscape plan showing a 5-foot wide separated sidewalk
with an 8-foot wide landscape strip,planted with street trees every 35-feet along East State Street.
The revised site and landscape plan should be reviewed and approved by staff and two members of
the Design Review Board prior to the issuance of a zoning certificate.
• The applicant is proposing to locate the ground mounted mechanical unit at the northernmost
corner of the building. They are also proposing to locate the trash tote in this location. The
ground mounted mechanical unit and the trash tote are to be screened by a stucco screen wall that
will match the building. A wood gate is proposed on the east side of the area. Pursuant to Eagle
City Code,cedar, fir and similar high maintenance and/or unsightly fencing is not permitted. The
applicant should be required to provide a revised elevation of the mechanical and trash tote area
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showing the gate to be constructed of a material and color that complements the building that is
not wood. The revised mechanical and trash tote area should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
• The site and landscape plan show the parking to area to be constructed on the east side of the
building and the east property line. No landscaping has been shown to be located along the east
property line. Pursuant to Eagle City Code,when a parking lot abuts a residential activity,a 5-foot
wide by 6-foot high landscaped buffer is required. The buffer is required to be planted with one
shade tree and five(5)shrubs per thirty five(35)linear feet of perimeter. The applicant should be
required to provide a revised site and landscape plan showing a 5-foot wide by 6-foot high
landscape buffer between the parking lot and the east property line planted with one shade tree and
five(5)shrubs per thirty five(35)linear feet of perimeter. The revised site and landscape plan
should be reviewed and approved by staff and two members of the Design Review Board prior to
the issuance of a zoning certificate.
• The site plan indicates a light pole is proposed to be located within the northernmost landscape
area approximately 10-feet south of the north property line. Pursuant to Eagle City Code, light
pole fixtures located within fifty feet(50')of a property line of any residentially zoned parcel of
land or parcel of land used for residential purposes may not exceed fifteen feet(15')in height and
the lamp and lens shall not be visible by a person of average height standing on the property line of
any public right of way, or any private street,or on the property line of any residentially zoned
parcel of land or parcel of land used for residential purposes. The applicant should be required to
provide detailed cut sheets of the proposed parking lot light showing the height,style,wattage,
luminaire,etc. showing that the overall height and screening of the light fixture comply with Eagle
City Code Section 8-4-4-2(A)(2-5). The detailed cut sheets should be reviewed and approved by
staff prior to the issuance of 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 May 28, 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 4 to 0(Grubb,Martin,and Hash absent)to approve DR-13-15 for a design
review application to construct an office building for Draftech,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. Provide a revised landscape plan showing street trees to be located behind the existing 5-foot wide
sidewalk. The revised landscape plan shall show the cobble stones located within the drainage area
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between the back of curb and the sidewalk are to be removed and replaced with sod. The revised
landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
2. Provide a revised elevation of the mechanical and trash tote area showing the gate to be constructed of
a material and color that complements the building that is not wood. The revised mechanical and trash
tote area shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
3. Provide a revised site and landscape plan showing a 6-foot high fence to be installed on the east
property line. Provide detailed cut sheets of the fence showing the style,material,color,etc.to be
installed. The revised site and landscape plan and detail cut sheets shall be reviewed and approved by
staff prior to the issuance of a zoning certificate. ' . • ' =• = •• - •• •• •• ••: •
4. Provide detailed cut sheets of the proposed parking lot light showing the height,style,wattage,
luminaire,etc. showing that the overall height and screening of the light fixture comply with Eagle
City Code Section 8-4-4-2(A)(2-5). The detailed cut sheets shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
5. Provide a cross-access agreement allowing the site to the east to have access across this site upon
future development of that site. The cross access agreement 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 for this site.
6. All ground mounted transformers, cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City,at the time of building permit submittal,for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
11. No signs are proposed with this application. A separate design review application is required prior to
any signs being constructed or installed on this site or building.
12. Provide a revised landscape plan showing a curb to be installed along the west property line to
delineate the edge of the landscape area on this site. 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
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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 fast. 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
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the irrigation entity prior to the City Clerk signing the fmal 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.
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 fmal 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.
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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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 15, 2015.
2. Requests for agencies' reviews were transmitted on April 20, 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-13-15) 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.
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4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8,Chapter 2, Section 3,
for the C-2(General Business District)zoning district.
DATED this 11th day of June 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun 3?.•
• OFD
Robert Grubb,Chairman $0 4.-t R'•C�t •'•.,•
v • • * �
ATTEST: = * •
SEAL
•
� q•. PE OF%� •
Sharon K. Bergmann,Eagle City Cl, k
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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