Findings - DR - 2002 - DR-36-02 - Construct A Flex Space Building Within Rocky Mountain Business Park At 1468 E Iron Eagle Dr
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A FLEX )
SPACE BUILDING WITHIN THE ROCKY MOUNTAIN)
BUSINESS PARK FOR STEVE BLEDSOE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-36-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on July 11, 2002. 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:
Steve Bledsoe, represented by George Transtrum with Heartland Construction, is requesting
design review approval to construct an 18,370-square foot flex space building within the Rocky
Mountain Business Park. The site is located on the north side of Iron Eagle Drive west of
Edgewood Lane at 1468 East Iron Eagle Drive (Lot 2, Block 1, Merrill Subdivision No.2).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 9, 2002.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on June 24, 2002. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with
the requirements of Eagle City Code on June 21, 2002. Requests for agencies' reviews were
transmitted on June 11, 2002 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use District) Vacant
Proposed No Change No Change Flex Space Building
North of site Commercial M-l (Light Industrial Precision Panels
District)
South of site Mixed Use MV (Mixed Use District) Les Schwab Tires Center
East of site Mixed Use MV (Mixed Use District) Vacant
West ofsite Mixed Use MV (Mixed Use District) Iron Eagle 2 Building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS: There are three (3) street trees and a 5-foot wide
meandering sidewalk abutting Iron Eagle Drive.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.23-acres (53,579-square feet) 0.16-acres (7,000-square feet)
Percentage of Site Devoted to 22% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 22% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 51-parking spaces 51-parking spaces (minimum)
Front Setback 54-feet (south) 20-feet (minimum)
Rear Setback 48-feet (north) 20-feet (minimum)
Side Setback 53-feet (west) 7.5-feet(minimum)
Side Setback 33-feet (east) 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as flex space.
Height and Number of Stories of Proposed Buildings: 30-feet, two stories.
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Gross Floor Area of Proposed Buildings: 18,370-square feet.
On and Off-Site Circulation:
A 28,938-square foot (approx.) paved parking lot provides parking for vehicles using this site.
One 35-foot wide driveway is proposed to be located on the west side of this site approximately
l2-feet east of the west property line providing access to Iron Eagle Road.
K. BUILDING DESIGN FEATURES:
Roof: Standing seam metal roof (Slate Gray)
Walls: CMU - Split-face (Moondust) Accent Band (Burgundy) and EIFS (Clear linen)
Windows/Doors: Aluminum Storefront (Antique Bronze Frames and Tinted Solar Gray Glazing)
Hollow Metal Doors and Roll-up Steel Doors
Fascia/Trim: Metal Fascia, Gutters, and Parapet Cap
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are three existing trees along Iron
Eagle Drive abutting this site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing four (4) additional Parkway Maple trees along Iron
Eagle Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required. 4% is proposed.
M. TRASH ENCLOSURES:
One 56-square foot trash enclosure is proposed to be located at the northwest corner of the site
along the west side of the site approximately 200-feet north of the driveway on Iron Eagle Road.
One 56-square foot trash enclosure is proposed to be located at the northeast corner of the site
along the east side of the site approximately 230-feet east of the trash enclosure located at the
northwest corner of the site. The enclosures are proposed to be constructed of split face CMU to
match the building with metal gates painted to match the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened with the mansard roof and the parapet wall.
O. OUTDOOR LIGHTING:
No parking lot lighting has been proposed with this application. The applicant is proposing to
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use the building lighting to illuminate the parking lot. Six (6) wall pack lights and twelve (12)
wall cylinder lights are proposed around the perimeter of the building (see elevations for
locations and height). The wall pack lights are proposed to be a metal halide however the
applicant has not specified the wattage.
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:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
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
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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
United Water Company
W. LETIERS 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:
.
The Comprehensive Plan Land Use Map designates this site as mixed use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-1-2 ROOF-MOUNTED MECHANICALS:
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
.
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 desi¡p1 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).
Section 8-2A- 7(A)(6)(g)(3)
Roof-mounted mechanicals all vents protruding through the roof and similar features shall be
painted so as to match the color of the roof.
.
Section 8-2A- 7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection Cl of this Section.
.
Section 8-2A- 7(K)( 4)(a)
Calculated Amount: Interior parking lot landscaping shall be required on any parking lot
with ten (10) spaces and above. The required amount oflandscaping is based on a sliding
scale, as follows:
Total Number
Of Spaces
10-20
21-50
51 +
Percent Of Total Area Of
A Lot That Must Be An
Interior Landscaped Area
5 percent
8 percent
10 percent
.
Section 8-4-4-2(A)(7)
Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of320 watts.
b. The light fixture shall be no higher than seventeen feet (17').
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c. The Design Review Board shall make the following findings prior to approving metal
halide lighting:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of Chapter 2, Article A of this Title;
(2) The lighting shall be installed, operated, and maintained to be hannonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
C. DISCUSSION:
.
The applicant is proposing to use roof-mounted mechanical units with the construction of this
building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely
screened from view through the use of a parapet wall or enclosed within the building. The
applicant has shown the roof-mounted mechanical units are proposed to be screened by the
parapet wall. The applicant should be required to provide detailed cut sheets of the mechanical
units showing height and size and revised building elevations showing the roof-top mechanical
units are completely screened by the parapet wall or mansard roof from all elevations. The
applicant should be required to provide a roof plan showing the location of the mechanical units
on the roof. The revised building elevations and roof plan should be reviewed and approved by
the Design Review Board prior to issuance of a building pennit.
There are three existing Parkway Maple trees located between the meandering sidewalk and the
curb on Iron Eagle Drive that the applicant is proposing to retain. Per Eagle City Code, the
applicant should be required to protect the existing trees from any damage during construction.
A plan showing construction fencing around the existing trees (a minimum of 10-feet from the
trunk of the trees or at the drip line of the tree whichever is closest) to prevent any damage
within the drip line of the trees should be submitted to the City. The construction fencing should
be installed prior to issuance of a building pennit. A cup or a dam should be built within the drip
line of each tree in order to retain water and the trees should be watered on a regular basis. No
construction activity whatsoever should take place within the drip line of the tree.
The applicant has proposed approximately four percent (4%) interior landscaping within the
parking lot. Per Eagle City Code, parking lots with fifty one (51) or more proposed parking
spaces are required to have a minimum often percent (10%) interior landscaping within the
parking lot. The applicant should be required to provide a revised landscape plan showing a
minimum often percent (10%) interior landscaping within the parking lot. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the City accepting an application for building pennit.
The applicant is proposing six (6) wall pack lights on the east, west, and north elevations of the
building. These wall pack light fixtures are proposed to be metal halide and mounted on the
building at a height of fourteen feet (14'). The applicant has not indicated the wattage of these
metal halide light fixtures. Per Eagle City Code, metal halide lighting requires Design Review
Board approval. The Board must find that metal halide lighting is harmonious with the character
of the general vicinity and will not change the essential character of the same area. The street
lights within the subdivision are high pressure sodium lights as well as the wall packs on the
building located to the west of this site. It is staff s opinion that the wall pack lights should be a
high pressure sodium light to remain consistent with other light proposed within the subdivision.
The applicant should be required to provide a revised detail of the light fixture showing the wall
pack light fixture using a high pressure sodium luminarie screened from view in accordance with
Eagle City Code. The detail should be reviewed and approved by staff prior to issuance of a
building pennit.
.
.
.
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.
The south elevation of the building showing the door and window locations do not match the site
plan showing the sidewalk leading to the building. The applicant should be required to provide
either revised building elevations showing the windows and doors shifted to match the sidewalk
locations or a revised site and landscape plan showing the sidewalks shifted to match the
entrances to the buildings. The revised building elevation or site and landscape plan should be
reviewed and approved by staff prior to issuance of a building pennit.
The applicant is proposing to install a bike rack near the southwest corner of the building. The
applicant should be required to provide a detailed cut sheet showing the size, height, and color of
the bike rack. The detailed cut sheet should be reviewed and approved by staff prior to issuance
of a building pennit.
.
.
Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITIDN THE REPORT:
Based upon the infonnation 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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on July 11, 2002, at
which time testimony was taken and the public hearing was closed. The Board made their decision
at that time.
R 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).
BOARD DECISION:
The Board voted 5 to 0 (Christensen absent) to approve DR-36-02 for a design review
application to construct a flex space building 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 detailed cut sheets of the mechanical units showing height and size and revised building
elevations showing the roof-top mechanical units are completely screened by the parapet wall or
mansard roof from all elevations. The applicant shall be required to provide a roof plan showing the
location of the mechanical units on the roof. The revised building elevations and roof plan shall be
reviewed and approved by the Design Review Board prior to issuance of a building pennit.
2. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk
ofthe trees or at the drip line of the tree whichever is closest) to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing shall be installed prior to
issuance of a building pennit. A cup or a dam shall be built within the drip line of each tree in order
to retain water and the trees shall be watered on a regular basis. No construction activity whatsoever
shall take place within the drip line of the tree.
3. Provide a revised landscape plan showing a minimum often percent (10%) interior landscaping
within the parking lot. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City accepting an application for building pennit.
If the required interior parkini lot landscapini alters the floor plan or buildini elevations the
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~plicant shall be reQJlired to obtain the ~proval of the Desi¡p1 Review Board prior to the City
acceptin~ an application for buildin~ permit.
4. Provide a revised detail aHhe light fixture showing the a. wall pack light fixture that projects less
from the exterior of the buildin~ and uses QSffig a high pressure sodium luminarie screened from
view in accordance with Eagle City Code. The detail shall be reviewed and approved by staff prior
to issuance of a building permit.
5. Provide eitRef revised building elevations showing the windows and doors shifted to match the
sidewalk locations ør a reyised site aFld landseape J!laFl showiRg the side\valks shifted to mateh the
eRa-aRees to the 1'.H:1ildffigs. The revised building elevation~ ar site aRd landsøape plan shall be
reviewed and approved by staff prior to issuance of a building permit.
6. Provide a detailed cut sheet showing the size, height, and color of the bike rack. The detailed cut
sheet shall be reviewed and approved by staff prior to issuance of a building permit.
7. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
8. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
9. The metal roof as indicated on the buildin~ elevation plan dated June 6, 2002. shall be the roofin~
material used on this buildin~. The applicant indicated to the Desi¡p1 Review Board the desire to use
an alternate roofin~ material. No alternate roofin~ material shall be permitted.
10. Provide revised buildin~ elevations showin~ weater distinction in color selection. The revised colors
shall be reviewed and approved by the Desi¡p1 Review Board prior to issuance of a buildin~ permit.
11. Provide a revised site plan showin~ a lili:ht fixture to be located near the trash enclosure that is
located in the northwest corner of the site. Provide a detailed cut sheet of the proposed lili:ht fixture
showin~ the style. heili:ht. watta~e. distribution. and type ofluminarie to be used. The revised site
plan and cut sheets shall be reviewed and approved by the Desi¡p1 Review Board prior to issuance of
a buildin~ permit.
12. Provide a revised landscape plan incOl:poratin~ lar~e plant material in the planters located on the
south elevation of this buildin~ to break up the lar~e front profile of this buildin~. The revised
landscape plan shall be reviewed and ~'proved by the Desi¡p1 Review Board prior to issuance of a
buildin~ permit.
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 any building permits or Certificate of
Occupancy, whichever occurs first.
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.
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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. 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.
10. 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.
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11. 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.
12. 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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 Commission and/or Council.
20. 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/or the Planning and Zoning Commission
for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
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required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. 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.
23. Any change by the applicant in the planned use of the property which is the subject ofthis
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.
23. 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 Design Review Board approval date).
25. 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.
26. 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 May 9, 2002.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on June 24, 2002. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Eagle City Code on June 21, 2002. Requests for agencies' reviews were transmitted
on June 11,2002 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-36-02) 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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DATED this 8th day of August 2002.
James G. Murray, Chairman
ATTEST:
1Sl C..... --'" ¥- 2'ðt ~
- Sharon K. Moore, Eagle City CI rk
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""""",
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K:\Planning DeptlEagle ApplicationslDr\2002IDR-36-02 drf.doc