Findings - DR - 2002 - DR-47-02 - Construct City Hall Facility For The City Of Eagle
OR161NAl
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A CITY
HALL FACILITY FOR THE CITY OF EAGLE
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-47-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on August 8, 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:
The City of Eagle, represented by Tom Zabala with ZGA Architects and Planners, is requesting
design review approval to construct a 23,000-square foot City Hall facility (including Ada
County Sheriffs Department Sub-station). The site is located north of the east/west private lane
between the Eagle Post Office and the Eagle City Library approximately 400-feet north of State
Street (Lots 6 and 7, Block 1, of Aquila Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 3,2002.
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 July 22, 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 July 19, 2002. Requests for agencies' reviews were
transmitted on July 9,2002 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS:
Eagle City Hall conditional use application (CU-6-02) for a height exception for the light
monitor.
Vacation of utility easement on the western lot Line of Lots 6 and 7, Block 1 of Aquila
Subdivision (V AC-3-02).
Page 1 of 12
K:IPlanning DeptIEagle Applications\Drl2002IDR-47-02 drf.doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Vacant
District)
Proposed No Change No Change Eagle City Hall
North ofsite Residential Four (up to R-4 (Residential) Eagle Village Residential
four dwelling units per Subdivision
acre)
South of site Central Business District CBD (Central Business Pioneer Credit Union &
District) professional offices
East of site Central Business District CBD (Central Business Eagle Post Office
District)
West of site Central Business District CBD (Central Business Eagle City Library
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the CEDA (Community Entry
Development Area).
H. EXISTING SITE CHARACTERISTICS:
This site is located on a vacant lot within the Aquila Subdivision commercial development,
situated between the Eagle City Library and the Eagle Post Office. There are ten (10) deciduous
trees, three (3) evergreen trees, and approximately one hundred and thirty five (135) shrubs of
different varieties existing on this site.
Page 2 of 12
K:\Planning DeptlEagle ApplicalionslDr\2002IDR-47-02 drf.doc
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 2.27-acres (98,797-square feet) 0.0 I-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 23% (approximately) 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to 58% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 132-parking spaces 92-parking spaces (minimum)
Front Setback llO-feet (south) 20-feet (minimum)
Rear Setback 67-feet (north) O-feet
Side Setback 40-feet (east) 10-feet (minimum)
Side Setback O-feet (west) 10-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a government office building.
Height and Number of Stories of Proposed Buildings: Main Building = 32 Y2-feet, one story.
Light monitor = 40- feet high, one story.
Gross Floor Area of Proposed Buildings: City Hall = 23,000-square feet
On and Off-Site Circulation:
A 23,3l5-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway (shared with the library to the west) is proposed to be located
on the private lane abutting the south side of this site approximately 250-feet east of Stierman
Way. A second 25-foot wide driveway on the private lane is located 500-feet east of Stierman
Way and is proposed to provide access to secured parking located behind the new city hall
facility.
K. BUILDING DESIGN FEATURES:
Roof: Standing seam metal roof (Champagne)
Walls: Brick, stone and EIFS (Brown/Sandstone)
Windows/Doors: Prefinished aluminum (Copper)
FascialTrim: Precast concrete, metal, EIFS
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are ten (10) deciduous trees, three (3) evergreen trees, and approximately one hundred
Page 3 of 12
K:\Planning Dept\Eagle Applications\Dr\2002IDR-47-02 drf.doc
and thirty five (135) shrubs of different varieties existing on this site. The applicant is
proposing to move and relocate the ten (10) existing deciduous trees on site, however, the
three (3) evergreen trees and one hundred and thirty five (135) shrubs are not proposed to be
relocated on site.
Tree Replacement Calculations: The removal of the three (3) ten foot (10') tall evergreen trees
would require four (4) trees to be relocated on this site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: This site does not front a public right-of-way, however the applicant is proposing to
install street trees along the east/west lane abutting this site.
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. 13% is proposed.
M. TRASH ENCLOSURES:
One ISO-square foot trash enclosure is proposed to be located along the north side of the building
approximately 500-feet north of the driveway on the east/west private lane. The enclosure is
proposed to be constructed of brick veneer with prefinished metal panel gate doors with steel
castors.
N. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical
units are proposed to be screened by the parapet walls.
O. OUTDOOR LIGHTING:
The applicant has provided detailed cut sheets of the proposed parking lot, bollard, building and
other site lighting. Only the bollard light locations where noted on the site plan. A site and
parking lot light plan showing light distribution, location, height, and wattage is required to be
reviewed and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
Sign Data Proposed Required
Wall Sign Dimensions 1.5' high x 12.5' wide N/A
Area of Signage 19-square feet 1 IO-square feet (maximum)
Illumination None proposed Interior-illumination prohibited
Building Wall Sign
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Page 4 of 12
K:\Planning Dept\Eagle ApplicationslDr\2002IDR-47-02 drf.doc
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 - 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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
W. LETIERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-1-2 ROOF-MOUNTED MECHANICALS:
Page 5 of 12
K:\Planning Dept\Eagle ApplicationslDr\2002IDR-47-02 drf.doc
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 throu~h the use of a parapet
wall when utilizin~ a flat roof desi~ 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)(l)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the City. Where trees are approved by the City to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as
follows:
Existing Tree
1 inch to 6 inches cal.
61/4 inches to 12 inches
121/4 inches or more
Replacement
2x cal. of tree removed
1.5x cal. of tree removed
Ix cal. of tree removed
.
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 8-4-4-2(A)(2)
Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
.
Section 8-4-4-2(A)(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.
.
Section 8-4-4-2(A)(5)(a and d)
Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
Page 6 of 12
K:\Planning DeptlEagle ApplicationslDr\2002IDR-47-02 drf.doc
.
d. Fifteen feet (15') for any pole within fifty feet (50') ofa property line of any
residentially zoned parcel of land or parcel of land used for residential purposes.
Section 8-4-4-2(A)(6)
Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
.
Section 8-4-5 SCHEDULE OF PARKING REQUIREMENTS:
PUBLIC/SEMI-PUBLIC
Government offices 1 per 250 sq. ft. gross floor area
Libraries, museums and art 1 for each 400 sq. ft. floor area
galleries
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 indicated the roof-mounted mechanical units will 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 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 permit.
The applicant is proposing to move and relocate ten (10) deciduous trees on site, however, three
(3) evergreen trees and one hundred and thirty five (135) shrubs are not proposed to be relocated
on site. Per Eagle City Code, the applicant is required to retain all trees on site, replace the trees
on site, or provide a monetary value to the tree fund. The three (3) evergreen trees are equivalent
to four (3) three inch (3") caliper trees. The applicant should be required to provide a revised
landscape plan showing the three (3) evergreen trees relocated on site, provide an additional four
(4) three inch (3") caliper trees, or provide a monetary value to the tree fund. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board or a monetary value should be paid to the tree fund prior to issuance of a building permit.
.
.
The applicant has provided detailed cut sheets of the proposed parking lot, bollard, building and
other site lighting. Only the bollard light locations where noted on the site plan. The applicant
should be required to arrange the lights to reflect the light away from the adjoining property.
The applicant should be required to provide a site, building, and parking lot light plan showing
light distribution, location, height, and wattage should be reviewed and approved by the Design
Review Board prior to issuance of any building permits.
Per Eagle City Code, government offices require one parking space per two hundred and fifty
(250) square feet of gross floor area and libraries require one parking space per four hundred
(400) square feet of gross floor area. The existing library facility is l6,680-square feet which
requires forty two (42) parking spaces. The city hall facility is proposed to be 23,000-square feet
which requires ninety two (92) parking spaces. The total combined required parking spaces for
the library and city hall facilities is one hundred thirty four (134). The construction of the new
city hall facility will eliminate nineteen (19) parking spaces that currently existing at the library
facility. There are twenty seven (27) parking spaces that exist on the west side of the western
entrance into Aquila Subdivision on State Street. With the construction of the new city hall
.
Page 7 of 12
K:lPlanning DeptlEagle ApplicationslDr\2002IDR-47-02 drf.doc
facility a total of one hundred and thirty six (136) parking spaces will exist which is two (2)
additional parking spaces than what is required per Eagle City Code.
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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on August 8, 2002, at
which time testimony was taken and the public hearing was closed. The Board made their decision
at that time.
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 one individual
who felt that this project was well designed (not including the applicant).
BOARD DECISION:
The Board voted 4 to 0 (Murray, McCullough, and Barnes absent) to approve DR-47-02 for a
design review application to construct a new city hall facility 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 ofCU-6-02 and V AC-3-02.
2. 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 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 permit.
3. Provide a revised landscape plan showing the three (3) evergreen trees relocated on site or in the new
City parkin~ lot (located on the southwest corner of 1 sl Street and Idaho Street), provide an additional
four (4) three inch (3") caliper trees, or provide a monetary value to the tree fund. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
or a monetary value shall be paid to the tree fund prior to issuance of a building permit.
4. Provide a site, building, and parking lot light plan showing light distribution, location, height, and
wattage shall be reviewed and approved by the Design Review Board prior to issuance of any
building permits.
5. Provide detailed cut sheets of a shield around the lamp and lens of the proposed parking lot light
fixtures. The cut sheets shall be reviewed and approved by staff prior to issuance of a building
permit.
6. Provide a revised landscape plan showin~ the landscape chan~es as indicated by the ap¡>licant (i. e.:
new location of the trash enclosure. new location of the security ~ates. annual color in the raised
planters. meanderin~ sidewalk alon~ the north side of the private drive. and additional plantin~s
around the plaza area located on the south side of the council chamber). The revised landscape plan
shall be reviewed and approved by staff and one member of the Desip1 Review Board prior to
Page 8 of 12
K:lPlanning DeptlEagle ApplicationslDr\2002IDR-47-02 drf.doc
issuance of a buildin~ permit.
7. Provide a revised site plan that shows all the parkini &paces associated with the city hall facility and
the library facility includin~ the existin~ parkin~ s.paces located on the south side of the east/west
private road and north of State Street. The revised site plan shall be reviewed and ap.,proved by staff
and one member of the Desi~ 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.
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)
Page 9 of 12
K:\Planning Dept\Eagle Applications\Dr\2002IDR-47-02 drf.doc
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.
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 Council or 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.
Page 10 of 12
K:\Planning DeptlEagle ApplicatioßsIDr\2002IDR-47-02 drf.doc
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 ofa 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
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 priQr 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 ofthe 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.
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.
Page 11 of 12
K:lPlanning Dept\Eagle Applications\Dr\2002IDR-47-02 drf.doc
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 3, 2002.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on July 22, 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 July 19,2002. Requests for agencies' reviews were transmitted
on July 9, 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-47-02) 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.
DATED this 15th day of August 2002.
ATTEST:
Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2002IDR-47-02 drfdoc