Findings - DR - 2015 - DR-10-14 - Personal Wireless Facility Located At Eagle Hills Golf Course BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A PERSONAL WIRELESS)
FACILITY LOCATED AT EAGLE HILLS )
GOLF COURSE FOR SKYWAY TOWERS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-10-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 11, 2015. The Eagle 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:
Skyway Towers, LLC, represented by Shawn Nickel with SLN Planning, is requesting design
review approval to construct a 110-foot high monopole and equipment storage area for a personal
wireless facility. The 0.06-acre leased site is located at the southwest end of fairway number 2 of
Eagle Hills Golf Course, approximately 1,900-feet west of Edgewood Lane and approximately
750-feet southwest of Eagle Hills Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 30, 2014, and supplemental
information provided on May 7, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 6, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 10, 2015, the Eagle City Council approved a conditional use permit for a 110-foot high
camouflaged cell tower (defined as "personal wireless facility height-over 35-feet" in Eagle City
Code)(CU-01-14).
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 Public/Semi-Public R-4(Residential) Eagle Hills Golf Course(Hole#2)
Proposed No Change No Change Personal wireless facility(height-
over 35-feet)
North of site Residential Four(up to R-4(Residential) Residential subdivision—Eagle
four units/acre) Hills West Subdivision No. 1
South of site Downtown A(Agricultural) Vacant land
East of site Residential Four(up to R-4(Residential) Residential subdivision—Eagle
four units/acre) Hills West Subdivision No. 1
West of site Residential Four(up to R-4(Residential) Residential subdivision—Eagle
four units/acre) Hills West Subdivision No. 4
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The proposed leased site is a portion of fairway#2 located within the Eagle Hills Golf Course.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 2,500-square feet(leased area) N/A
Percentage of Site Devoted to Up to 64.4% N/A
Building Coverage
Setback(east) 229-feet 220-feet*
* Pursuant to Eagle City Code Section 8-3-5(S)(5)(b),the personal wireless facility shall be setback a minimum distance of
2X the height of the tower from the property line of any residential dwelling.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to house cellular equipment and back-up
(emergency generator).
Height and Number of Stories of Proposed Buildings: Less than 10-feet; one story.
Gross Floor Area of Proposed Buildings: 325-square feet(approximately)
On and Off-Site Circulation:
A gravel road is proposed providing access from Eagle Hills Way to the east side of the leased
area.
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K. BUILDING DESIGN FEATURES:
Roof: Rapid Roof Coating over Concrete Skin(color to be determined—typically beige)
Walls: Nupoly, Sheetrock, Foam Insulation, Concrete Skin, Aggregate Finish (color to be
determined—typically beige)
Doors/Wall Vents: Metal doors and vents(painted to match color of building)
Other: Camouflaged Pine Tree(Green-specific color to be determined)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within
proximity to the leased area. All trees are to be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees:N/A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:N/A
M. TRASH ENCLOSURES:N/A
N. MECHANICAL UNITS:
The mechanical units are attached to the side of the equipment building and will be screened by
the proposed fence and 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:
No preliminary approval letters from Central District Health Department,Eagle Fire Department,
or Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
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
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Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
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:
Idaho Department of Lands
Idaho Transportation Department
Tesoro Logistics
W. LETTERS FROM THE PUBLIC:
Email correspondence received from David Schwartz, dated May 22,2015,with regard to
proposed landscaping, species and size of evergreen tree to be planted, and future site visit for
sound analysis.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 4—Schools,Public Services, and Utilities
4.9.2 Other Services and Utilities Goals
F. Telephone and Telecommunications: Provide existing and future residents in the City
of Eagle, the Area of Impact and the foothills with uninterrupted access to up-to-date,
state-of-the-art telephone and telecommunications service.
4.9.3 Other Services and Utilities Objectives:
A. Discourage over lapping service areas and/or illogical service boundaries.
4.9.4 Other Services and Utilities Implementation Strategies:
F. Telephone and Telecommunications:
1. The City should encourage telephone and telecommunications companies to
follow the relevant implementation strategies recommended in section 4.9.3 A
above.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 defines Personal Wireless Facility(Height-over 35 feet)as:
Facilities necessary for the provision of personal wireless services (i.e., towers, support
buildings, etc.).
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Personal Wireless Facilities (height-over 35 feet) requires the approval of a conditional use
permit within the R zoning district.
• Eagle City Code Section 8-3-5 (S) Personal Wireless Facilites, Spires, Poles, Antennas, Steeples,
Towers, and Other Such Structures.
2. Towers And Personal Wireless Facilities In Zoning Districts:
c. Residential(R)Districts:
(2)Personal Wireless Facilities shall be camouflaged or concealed,not readily
identifiable as such, designed to be aesthetically compatible with existing and
proposed uses on the site in all residential(R)zones.
3. Collocation Requirements:
a. A proposal for a new tower mounted Personal Wireless Facility in excess of thirty five
feet(35') in height shall not be approved unless the city council finds that the
telecommunications equipment planned for the proposed tower cannot be accommodated
on an existing or approved tower or building within the following radii of the proposed
tower:
(2)A one mile radius for towers with a height over eighty feet(80')but not more than
one hundred ten feet(110').
4. Tower And Antenna Design Requirements:
a. All Personal Wireless Facilities shall be required to obtain design review approval
prior to construction.
b. Personal Wireless Facility towers shall be of a monopole design unless the city
council determines that an alternative design would better blend into the surrounding
environment.
5. Tower Setbacks:
b. The base of the Personal Wireless Facility shall be setback a minimum distance of two
times(2x)the height of the tower from the property line of any residential dwelling.
8. Accessory Utility Buildings:
a. All utility buildings and structures accessory to a tower are required to have design
review approved by the city prior to construction.
9. Abandoned Or Unused Towers Or Portions Of Towers:
a. As a condition of approval of any required conditional use permit for personal wireless
facilities, all abandoned or unused towers and associated facilities shall be required to be
removed within sixty(60) days of cessation of use as a Personal Wireless Facility unless a
time extension is granted by the city. A copy of the relevant portions of a signed lease,
which requires the applicant to remove the tower and associated facilities upon cessation
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of the use as a Personal Wireless Facility, shall be submitted at the time of application. In
the event that the tower and associated facilities are not removed within the sixty (60)
days, the tower and associated facilities may be removed by the city and the costs of
removal assessed against the property.
10. Additional Application Submittal Requirements:
a. In addition to the information required elsewhere in this code,development
applications for personal wireless facilities, shall include the following supplemental
information:
(1) Documentation from a qualified and licensed professional engineer showing that
the proposed facility will be in compliance with the FCC standards regarding radio
frequency(RF)emissions.
(2) A report from a qualified and licensed professional engineer which describes the
tower height and design (including a cross section and elevation); documents the
height above grade for all potential mounting positions for collocated antennas and the
minimum separation distances between antennas; describes the tower's capacity,
including the number and type of antennas that it can accommodate; documents what
steps the applicant will take to avoid interference with established public safety
telecommunications; includes an engineer's stamp and registration number; and
includes other information necessary to evaluate the request.
(3) For all personal wireless facilities, a letter of intent committing the tower owner
and his or her successors to allow the shared use of the tower,as required by this code,
if an additional user agrees in writing to meet reasonable terms and conditions for
shared use.
(4) Documentation showing that the proposed tower complies with regulations
administered by federal aviation administration.
(5) Written approval of the site location with specific reference to the height of the
antenna structure and any lighting issues, from the federal aviation administration,the
chief of the Idaho bureau of aeronautics, and the Boise airport commission and an
aviation easement approved by the Boise airport commission.
(6) Propagation charts showing existing and proposed transmission coverage at the
subject site and within an area large enough to provide an understanding of why the
facility needs to be in the chosen location.
(7) A written analysis demonstrating that the proposed site is the most appropriate site
within the immediate area. For the purposes of this subsection, the analysis shall
include all properties within the search radii stated above. The analysis shall include,
but is not limited to,the following:
(A)Description of the surrounding area, including topography;
(B)Natural and manmade impediments that would obstruct adequate cellular
telephone transmissions;
(C)Physical site constraints that would preclude construction of a cellular
telephone facility on any other site;
(D) Technical limitations of the system that limit siting options.
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11. Permits:
c. In addition to the findings required and conditions permitted for conditional use
permits, as stated within section 8-7-3 of this title, the city council shall make an
additional finding concerning the duration of the conditional use permit. Upon finding that
the conditional use permit is to be limited in duration, a condition limiting the duration
and the basis for such a condition shall be included within the findings of fact and
conclusions of law for the conditional use permit.
12. Additional Requirements For Notice Of Public Hearing:
a. All Personal Wireless Facilities requiring a conditional use permit shall comply with
the conditional use notice requirements within this code. Tower mounted Personal
Wireless Facilities shall comply with the following additional requirements:
(1) All property owners within one thousand feet (1,000') of all property lines of the
site (or lease boundary lines, if applicable) shall be notified of the public hearing by
the city, by mail, a minimum of fifteen (15) days before the scheduled public hearing.
The applicant will be required to provide the names of the property owners to the city.
C. CONDITIONAL USE PERMIT PROVISIONS,WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The applicant shall be allowed to construct a mono-pine personal wireless facility 115-feet in
height with the pole support structure not to exceed 110-feet in height.
• The applicant shall include a 30-foot high spruce in proximity to the 2,500-square foot leased area
associated with the personal wireless facility.
• In the event the applicant desires to increase the height of the personal wireless facility the
applicant shall submit a conditional use permit application to be reviewed and approved by the
City Council prior to a zoning permit being issued for construction of the modification.
• The applicant shall submit a design review application including, but not limited to, elevations of
the proposed personal wireless facility, ancillary building, screening, and site landscaping. The
design review application shall be reviewed and approved by the Design Review Board prior to the
issuance of a building permit for this site.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 110-foot mono-pole personal
wireless facility camouflaged as a pine tree to be located adjacent to the southern property line of
Eagle Hills Golf Course on fairway#2 approximately 900-feet southwest of the intersection of
East Eagle Hills Way and North Winged Foot Place. As proposed,the personal wireless facility
will have sufficient room to allow for five(5)carriers to co-locate antennae facilities on the mono-
pole structure. The applicant provided photo simulations, date stamped by the City on February 3,
2014, showing the personal wireless facility to be approximately twice as high as the surrounding
tree canopy. Pursuant to Eagle City Code, Section 8-3-5 (S)(2)(c)(2),personal wireless facilities
located within residentially zoned areas are to be camouflaged or concealed,not readily
identifiable as such, and are to be designed to be aesthetically compatible with existing and
proposed uses on the site. On March 10,2015,the Eagle City Council approved a conditional use
permit for a 110-foot high camouflaged cell tower at this location(CU-01-14). The conditional
use permit approval permitted the height of the pole support structure to not exceed 110-feet and
the camouflaged portion to not exceed 115-feet in height. A 30-foot high spruce tree is required to
be planted in proximity to the 2,500-square foot leased area. Along with the personal wireless
facility,the ancillary building, screening, and site landscaping is to be reviewed and approved by
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the Design Review Board prior to the issuance of a building permit.
The applicant is proposing to install an 8-foot tall vinyl fence that will be brown in color and have
a wood grain look to it. The applicant has submitted a landscape plan showing 5-gallon Northern
Privet to be planted 6-foot on center around the perimeter of the fenced area with the exception of
the gated access area. The plan also shows a 35-foot tall Spruce tree to be planted approximately
100-feet east of the leased area. An email correspondence dated May 22,2015, addresses some
concerns with the type and size of plants being planted around the perimeter of the fence and the
Spruce tree that is proposed as well. Staff defers comment regarding the proposed landscaping
around the leased area and the proposed Spruce tree to the Design Review Board.
• As noted within the email correspondence dated May 22, 2015,the neighbors are concerned about
the amount of sound the mechanical units will make. The applicant should be prepared the Design
Review Board regarding noise emissions from any mechanical equipment associated with the
wireless facility.
• Sheet C-3, date stamped by the City on May 7, 2015, indicates the mono-pine pole is to be painted
brown so as to look like the truck of a tree. The antennas will be painted or have socks with
foliage over them so they blend with the branches of the mono-pine and be concealed. It is staff s
understanding that the applicant will have physical samples of pine branches for the Board to
review at their meeting.
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 June 11, 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 7 to 0 to approve DR-10-14 for a design review application to construct a
personal wireless facility located at Eagle Hills Golf Course for Skyway Towers,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 CU-01-14.
2. All utility buildings and structures accessory to the wireless facility are required to have design review
approval prior to construction.
3. Any site or building lighting shall be screened per Eagle City Code 8-4-4-2(A)(2 and 3).
4. All electric meters associated with the mono-pine and all future carriers shall be located within the
fenced area and shall be completely screened from view.
5. All ground mounted transformers, cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
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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,wall mounted mechanical units,phone boxes, etc. located on the buildings
to match the color of the building.
8. No signs are proposed with this application and none are approved.
9. The landscape plan date stamped by the City on June 11, 2015, is approved(with the modification
noted herein).
10. Provide a maintenance agreement addressing how the pole,paint,branches, landscaping, fencing,
antennas,buildings, etc. are to be maintained. The agreement shall also address the removal of the
mono pole and associated equipment should technology change in the future to not warrant the need
for personal wireless facilities. The agreement shall be reviewed and approved by the City prior to the
issuance of a zoning certificate.
11. The four(4)varieties of juniper indicated on the landscape plan date stamped by the City on June 11,
2015, are approved and the applicant may choose which type to plant around the perimeter of leased
area.
12. The landscape plan date stamped by the City on June 11,2015, indicates two(2)poplar trees and three
(3)Colorado Blue Spruce trees to be planted in proximity to the leased area of the mono pole. Provide
a revised landscape plan specifying three(3)varieties of poplar trees and three(3)varieties of
evergreen trees to be planted on this site. The revised landscape plan shall be reviewed and approved
by staff and three(3)members of the Design Review Board prior to the issuance of a zoning
certificate.
13. Provide a revised site and landscape plan indicating the fence around the base of the mono pole is to
be ten feet(10') in height. Provide detailed elevations showing the style, color,height,etc. of the
proposed fence. The revised site and landscape plan and the detailed elevations of the fence shall be
reviewed and approved by staff and two(2)members of the Design Review Board prior to the issuance
of a zoning certificate.
14. Provide revised elevation plans showing the branches on the mono pole to begin at a height of 40-feet
above the ground. The spacing of the branches shall become more dense the closer to the antennas the
branches become with heavier screening concentrated where the antennas are located. The revised
elevation plans shall be reviewed and approved by staff and two(2)members 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
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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
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.
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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 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
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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 January 30, 2014, and supplemental
information provided on May 7, 2015.
2. Requests for agencies' reviews were transmitted on February 6, 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-10-14) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the R-4 (residential)zoning district.
Page 12 of 13
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DATED this 25th day of June 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE ,�
Ada County,Idaho /
_ = , o�
Ro■- rubb, Chairman � ,',',�� ......,,,,,,,,
.r•• v F,AGtk•
/4,'' V•'•,
ATTEST:
4 :.
Sharon K. Bergmann, Eagle City Clerk .•r'�♦
STATE O
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 13 of 13
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