Findings - DR - 2003 - DR-03-03 - Construct A 102,446 Sq Ft Home Improvement Store/24,108 Sq Ft Garden Center
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A HOME
IMPROVEMENT STORE WITH GARDEN CENTER
WITHIN EAGLE TOWNE AND COUNTRY CENTRE
FOR EAGLE DEVELOPMENT ASSOCIATES LLC
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-O3-03
The above-entitled design review application came before the Eagle Design Review Board for their
action on February 13, 2003. 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:
Eagle Development Associates LLC, represented by Blair Warehime with Little and Associates,
is requesting design review approval to construct a 102,446-square foot home improvement store
with a 24,108-square foot garden center. The site is located within Eagle Towne and Country
Centre near the northwest corner of the development, north of State Street between Highway 55
and Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 9, 2003.
C. NOTICE OF AGENCIES REVIEW:
Requests for agencies' reviews were transmitted on January 16, 2003 in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 13, 2001, the Eagle City Council approved a preliminary plat application and
conditional use application for Eagle Towne and Country Centre (PP-18-00/CU-18-00).
On April 24, 2001, the Eagle City Council approved a design review application for the common
area landscaping within Eagle Towne and Country Centre including a building design for WinCo
Foods (DR-6-01).
On February 12, 2002, the Eagle City Council approved a preliminary plat extension time
application for Eagle Towne and Country Centre (PP-18-00) for one year until March 13,2003.
On February 26, 2002, the Eagle City Council approved a design review extension of time
application for Eagle Towne and Country Centre including the building design for WinCo Foods
(DR-6-01) for one year until April 24, 2003.
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 Commercial C-3 (Highway Business Vacant (formally
District) Landscape Nursery &
Residences)
Proposed No Change No Change Home Improvement Store
with a Garden Center
North of site Business Park BP (Business Park District) Mini-Storage
South of site Commercial C-3 (Highway Business Vacant
District)
East of site Commercial C-3 (Highway Business Vacant
District)
West ofsite Residential Four (up to R-4 (Residential) State Highway 55/
four dwelling units per Residential
acre maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is a drain ditch located abutting the north property
line of this site. There are many trees located along the drain ditch that the applicant is
proposing to retain on site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 544,600-square feet (12.5-acres) 1,300-square feet (minimum)
[44-acres (1,9l6,640-square feet) (0.03-acres)
entire Eagle Towne and Country
Centre site]
Percentage of Site Devoted to 7% (approximately - Home 92% (maximum)
Building Coverage Improvement Building with
Garden Center)
Approximately 20% (at entire
site built-out)
Percentage of Site Devoted to 25% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 555-parking spaces (Home 507 -parking spaces (Home
Improvement Store with Garden Improvement Building with
Center) Garden Center)
2, 1 98-parking spaces (entire site) 1,500 to 1,875-parking spaces
(depending on proposed uses)
Front Setback 30-feet 30-feet (minimum) (as required
in CU-18-00)
Rear Setback 60- feet O-feet (minimum) (as required
in CU-18-00)
Side Setback 30-feet 30-feet (minimum) (as required
in CU-18-00)
Side Setback 40- feet 30-feet (minimum) (as required
in CU-18-00)
Note: The setbacks for this site are measured from the perimeter property line boundary of the entire
shopping center (from property line to closest building).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building is proposed to be uses as a home improvement store with a garden center.
Included as part of the same mega center building are two additional major retail stores
one of which is WinCo Foods. Eleven pad sites will provide retail, restaurant and gas
station services.
Height and Number of Stories of Proposed Buildings: 34-feet to the top of the parapet and 42-feet to
the top of the gable peak, single story.
Gross Floor Area of Proposed Buildings: Home Improvement Store - 102,446-square feet
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Garden Center - 24,1 08-square feet
On and Off-Site Circulation:
A more than adequately sized paved parking lot will provide parking for vehicles using this site.
Ingress/egress to the site is to be provided by six access points located both on State Highway 44
and Horseshoe Bend Road.
K. BUILDING DESIGN FEATURES:
Roof: North American Roofing System, Metal Roof
Walls: Tilt-up concrete with form liner, text coat and paint, EFIS
Windows/Doors: Store front windows with dark bronze finish, Hollow core metal doors painted
to match the color of the building.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existIng trees along the Spoils
Bank Canal located to the north of this site. The applicant IS proposing to retain the trees located
in that area.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along State Highway 55, State Highway 44 and Horseshoe Bend
Road were reviewed and approved with the common area landscaping of the Eagle Towne and
Country Centre.
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 entire parking
lot for Eagle Towne and Country Shopping Centre.
b. Interior Landscaping: 10% interior landscaping is required. 10% is proposed.
M. TRASH ENCLOSURES:
The applicant is proposing an 1, 152-square foot trash compactor to be located on the west side of
the building approximately 40-feet south of the north side of the building. The enclosure is
proposed to be constructed of a completely enclosed metal unit painted to match the building.
The enclosure is accessed from inside the building and the compacted trash is removed from the
enclosure through solid metal gates opening into the parking lot.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The mechanical units, including the
curb that the units are placed on, are three feet eight inches (3' 8") in height. The roof-top
mechanical units are proposed to be screened by parapet walls that are four feet (4') to six feet
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(6') in height. No ground mounted mechanical units are proposed with this application and none
area approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage has been reviewed and
approved by the Design Review Board.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs prior to the City accepting a building permit for this site.
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 - 500 year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoil banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes
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
Boise School District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Commercial.
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 design or shall be enclosed within the building when utilizing
a roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
Section 8-2A-6(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 C 1 of this section.
.
Section 8-2A-7(J)(3)(d)
Chainlink fencing, with slats or otherwise, is prohibited for screening.
C. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Any proposed cupolas shall be designed and built to a maximum of 42-feet, 4-inches in height.
The maximum height for the proposed gable beneath said cupola shall be 38-feet.
All lots and buildings shall be configured so as to screen any and all loading areas and trash
enclosures from view as seen from residential uses or public roadways.
.
.
The perimeter and wetlands area landscaping shall be completed prior to the issuance of a
certificate of occupancy.
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D. EAGLE TOWNE AND COUNTRY CENTRE DESIGN STANDARDS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.9 LOADING AND SERVICES
3.9.2 Requirements
3. No loading docks or service areas shall be visible from the street. Use of a
landscaped buffer is required.
3.12 ROOFLINE AND ROOFTOP EQUIPMENT
3.12.2 Requirements
2. All mechanical rooms or mechanical equipment on rooftops shall be screened from
a horizontal line of sight in all directions. Screening must be a part of the building
design, not just "chicken coops" placed as an afterthought.
3. Air handling equipment on parapet roofs must be below parapet or kept back 10-
feet from the roof edge. In no event will this equipment be allowed to be seen from
neighboring parcels or streets.
3.13 TELECOMMUNICATION EQUIPMENT
3.13.2 Requirements
1. No antenna shall be visible from streets or neighborhood parcels. Microwave
dishes and satellite dishes shall be placed in the middle of parapet roofs or valleys
but, in no case may they be visible from the streets or highways.
3.16 STORAGE AREAS
3.16.2 Requirements
2. No outside storage or operations of any kind shall be permitted on any lot, unless
such activity is visually screened from all streets in a manner approved by the
Design Standards Committee. No outside storage shall extend above the top of such
screemng.
3. Any article, good or material to be stored other than in an enclosed, covered
building shall be enclosed either with a screen fence at least (6) feet in height or
landscaped planting or both as directed and approved by the Design Standards
Committee, except where access is required.
E. 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 details (i.e.: height and size) and the location of the mechanical units in
relation to the parapet wall. The applicant should be required to provide details of the
mechanical units showing height and size of the roof-top mechanical units. The details of the
mechanical units should be reviewed and approved by staff prior to issuance of a building
permit.
The applicant has indicated that a satellite dish is proposed to be located on the roof of this
facility near the building material storage area (northeast corner of the building). Per Eagle City
Code and the design standards for the Eagle Towne and Country Centre, all roof-top mechanical
equipment mounted above the roof plane of a building, including heating and air conditioning
.
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equipment, antennas, and satellite dishes are required to be screened from view. Screened from
view is defined as "not visible" at the same level or elevation of the parapet wall (e.g. the
perspective generally as shown on an elevation plan). The applicant should be required to
provide details of the satellite dish and revised building elevation plans showing the satellite dish
is completely screened by the parapet wall. The revised building elevations should be reviewed
and approved by the Design Review Board prior to the City accepting a building permit for this
site.
.
The loading docks for this home improvement store are proposed to be located on the west
elevation of the building, just north of the garden cent~r, near the northwest corner of the
building. This area will be highly visible from south bound vehicular traffic on State Highway
55. The common area landscape plan for Eagle Towne and Country Centre was reviewed and
approved by the City on April 24, 2001. The approved common area landscape plan included
the perimeter landscaping along State Highway 55 and the north property line along the Spoils
Bank Canal. The landscape plan date stamped by the City on January 9, 2003, showing
Landscape Area 5 is the approved landscape plan. The Landscape Area 5 indicates that the plant
material proposed near the northwest corner of the Eagle Towne and Country Centre along State
Highway 55 and the Spoils Bank Canal includes an extensive amount of evergreen trees The
loading docks are proposed to be level with the finish floor of the home improvement store. The
applicant has proposed a four foot (4') deep well, below finish floor, for the loading and
unloading of trucks. Staff defers comment regarding the proposed evergreen plant material at
the northwest comer of the Eagle Towne and Country Centre and whether the plant materIal \\ 111
be sufficient to screen the loading docks of the home improvement store.
On the sheet showing the north and west elevations of the building date stamped by the City on
January 21,2003, the partial plan showing the footprint of the west building elevation shows a
"Seasonal Sales Area" to be located in the parking lot. The actual full size of this "Seasonal
Sales Area" has not been indicated on any site plans. City staff suggested to the applicant that If
this "Seasonal Sales Area" is necessary that it be located on the north side of the building so as to
not restrict vehicular traffic or block any parking spaces. The applicant indicated that this area
would only be needed a few times a year. City staff is unsure of the times of year that this area
would be needed or the length of time it would be needed. Per the design standards for the Eagle
Towne and Country Centre, no outside storage or operations of any kind is permitted on any lot,
unless such activity is visually screened from all streets in a manner approved by the Design
Standards Committee. No outside storage may extend above the top of such screening. Any
article, good or material to be stored other than in an enclosed, covered building is required to be
enclosed either with a screen fence at least six feet (6') in height or landscaped planting or both
as directed and approved by the Design Standards Committee, except where access is required.
It is staff s opinion that the placement of merchandise in the "Seasonal Sales Area" would not
serve its purpose due to the Eagle Towne and Country Centre design standards reqUIring outsIde
storage areas to be fully screened. In addition the proposed "Seasonal Sales Area" would
interfere with vehicular traffic circulation and parking. Staffs believes that because of the
requirements placed on development by Eagle Towne and Country Centre and traffic circulation
and parking requirements that outside storage areas should not be located in any parking area in
the front (south side) of the home improvement store.
Staff defers comment regarding building design and colors to the Design Review Board.
.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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
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report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on February 13, 2003, 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).
BOARD DECISION:
The Board voted 5 to 0 (Christensen and McCullough absent) to approve DR-03-03 for a design
review application to construct a home improvement store with garden center within Eagle
Towne and Country Centre 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 details of the mechanical units showing height and size of the roof-top mechanical units.
The details of the mechanical units shall be reviewed and approved by staff prior to issuance of a
building permit.
2. Provide details of the satellite dish and revised building elevation plans showing the satellite dish is
completely screened by the parapet wall. The revised building elevations shall be reviewed and
approved by the Design Review Board prior to the City accepting a building permit for this site.
3. No outside storage (Seasonal Sales Area) of merchandise shall be located in the front parking area.
Outside storage shall only be permitted next to the building or behind the home improvement store.
4-. Provide revised building elevations sho\"'¡ng the canopies over the garden eenter to be green or a
color determined by the Design Review Board. The revised building elevations shall be reviewed
and approved by staff prior to the City accepting a building permit for this site.
5. The perimeter and wetlands area landscaping shall be completed prior to the issuance of a certificate
of occupancy.
6. No signs are proposed with this application. A separate design review application is required for the
approval of any signs prior to the City accepting a building permit for this site.
7. Provide revised building elevations showing the color of the canopies over the ~arden center to be
green to match the color of the roof or another color to be approved by the Design Review Board.
The revised building elevations (including a color sample of the "green") shall be reviewed and
approved by the Design Review Board prior to the City accepting a building permit for this site.
8. Provide a revised site and landscape plan showing the "Seasonal Sales Area" to be oriented
perpendicular to the building to provide less impact on vehicular circulation within the parking lot.
The revised site and landscape plan shall be reviewed and approved by the Design Review Board
prior to the City accepting a building permit for this site.
9. Any outdoor lumber or material storage areas shall be completely screened from view. The
materials used to screen the outdoor lumber or material storage areas shall be reviewed and approved
by the Design Review Board prior to the City accepting a building permit for this site.
10. Provide a revised building elevation of the rear of the building (north) showing the undulation of the
parapet wall increased by a minimum of one foot in height and the addition of columns to provide
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horizontal relief to the building. The revised building elevation shall be reviewed and approved by
the Design Review Board prior to the City accepting a building permit for this site.
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
permi ts 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
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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 rec,orded 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.1I
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.
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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
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 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.
24. 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 January 9,2003.
2. Requests for agencies' reviews were transmitted on January 16, 2003 in accordance with the
requirements of the Eagle City Code.
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3. The Board reviewed the particular facts and circumstances of this proposed design review
application (DR-D3-03) 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 27th day of February 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
II QA-<, - K~
-Sharon k. Moore, Eagle City lerk
Page 13 of 13
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