Findings - DR - 2003 - DR-28-02 MOD - Construct A 720'Building Addition To The 1,375'Multi-Tenant Commercial/Retail Buildin
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO MODIFY A COMMERCIALI
RET AIL MUL TI- TENANT BUILDING BY ADDING
AN ADDITION TO THE BUILDING FOR MHG3, LLC
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-28-02 MOD
The above-entitled design review application came before the Eagle Design Review Board for their
action on March 13, 2003. The Board continued the item to April 10, 2003, and made their decision at
that time. 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:
MHG3, LLC, represented by James Gipson with James Gipson Associates, is requesting design
review modification approval to construct a nO-square foot building addition to the 1,3 7S-
square foot multi-tenant commerciallretail building. The site is located on the south side of
Aikens Road approximately 360-feet east of Eagle Road at l23 Aikens Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February S, 2003.
C. NOTICE TO AGENCIES:
Requests for agencies' reviews were transmitted on February l8, 2003 in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 17,2000, the Eagle City Council approved a rezone application for this site from R-
4 (Residential) to CBD-DA (Central Business District with development agreement) (RZ-S-OO).
On January 8, 2002, the Eagle City Council executed the development agreement for this site.
On July 9, 2002, the Eagle City Council approved a design review application to convert the on-
site residence into a multi-tenant office/retail building (DR-28-02).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD-DA (Central Business Vacant Building
District with development
agreement)
Proposed No Change No Change Commercial/Retail
North of site Central Business District R-4 (Residential) Two-family residential
South of site Central Business District CBD (Central Business Drain Ditch/Eagle Plaza
District) Shopping Center
East of site Central Business District R-4 (Residential) Two-family residential
West of site Central Business District CBD (Central Business Restaurant
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing l,37S-square foot vacant building
(previous residential home) located on this site. There are four existing trees on this site; one
tree is to be retained.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.37-acres (16,lS7-square feet) O.Ol-acres (SOO-square feet)
(minimum)
Percentage of Site Devoted to 13% 40% (minimum)
Building Coverage 92% (maximum)
Percentage of Site Devoted to SO% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 11-parking spaces II-parking spaces (minimum)*
Front Setback 17-feet O-feet (minimum)
10-feet (maximum)
Rear Setback 77-feet O-feet (minimum)
Side Setback 23-feet (west) O-feet
Side Setback Sl-feet (east) O-feet
* Note: Parking requirement based on uses allowed in the CBD that require one parking space per
two hundred (200) square feet of gross floor area.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant
commercial/retail building.
Height and Number of Stories of Proposed Buildings: 20 Y2-feet in height, one story.
Gross Floor Area of Proposed Buildings: Existing = 1,37S-square feet
Proposed addition = nO-square feet
Total = 2,09S-square feet
On and Off-Site Circulation:
A 4,431-square foot (approx.) paved parking lot provides parking for vehicles using this site.
One 24-foot wide driveway is to be located on the north side of this site approximately 22-feet
west of the east property line providing access to Aikens Road.
K. BUILDING DESIGN FEATURES:
Roof: Metal (Red)
Walls: Lap siding and shingle siding (Tan with Dark Green trim)
Windows/Doors: Vinyl Windows with grids(White) and Wood Doors
Fascia/Trim: Masonite (Green)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are four existing trees on this site.
The applicant is removing three of the existing trees and retaining the 16-inch pine tree located
near the southeast corner of the proposed parking lot. There are many existing trees along the
Eagle Drain which are to be retained.
Tree Replacement Calculations: The applicant is required to provide 12-inches of tree caliper on
site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is installing three (3) street trees along Aikens Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: NI A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is to be installed on the north, south, and east sides of
the parking lot.
b. Interior Landscaping: S% interior landscaping is required. 7% is to be installed.
M. TRASH ENCLOSURES:
One 40-square foot trash enclosure will be located near the southeast comer of the site
approximately lOO-feet south of the driveway on Aikens Road. The enclosure is to be
constructed of shingle siding to match the building with solid metal gates painted to match the
building.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
are proposed to be located near the southeast comer of the existing structure. The applicant will
remove the existing ground mounted mechanical unit located on the north side of the building.
The new ground mounted mechanical units will be installed at the base of this building and
screened with a 3' 6" screen wall constructed of similar materials to match the building.
O. OUTDOOR LIGHTING:
The applicant is to install three historic light fixtures along Aikens Road, one historic light
fixture within the parking lot on this site, and one historic light fixture along the pedestrian
pathway located 7S-feet (approximately) south of Aikens Road. No building lighting has been
proposed with this application.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of a master sign plan for this building. The master sign plan shall be reviewed and
approved prior to the City accepting a building permit for this site.
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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 - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes - Eagle Drain
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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
Division of Environmental Quality
Drainage District No.2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
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 Central Business District.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A-3
If any provision of this Chapter is found to be in conflict with any other provision of any
zoning, building, fire safety or health ordinance or other provision of this Code, the provision
which establishes the higher and/or more restrictive design standard shall prevaIl. However,
in order to foster rehabilitation of older districts and comply with unforeseen future needs of
the overlay districts, the City Council may, at their discretion, suspend or relax some or all
requirements found in this code, if the City Council determines a particular site, setting, or
use to be of historical significance.
.
Section 8-2A-6(B)(3)(a)
Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum often feet (10') or fifteen feet (IS') at the comers.
.
Section 8-2A-6(B)(3)(a)
Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
.
Section 8-2A-6(B)(3)(f)
Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and
a maximum of ninety five percent (9S%) in which case off-site parking shall be provided for.
The lot coverage requirement may be waived if development of the lot as a parking lot is
reviewed by the Design Review Committee and is approved by the Planning and Zoning
Commission.
.
Section 8-2A- 7(C)( I)
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
l.Sx 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 C I of this Section.
C. DISCUSSION:
.
Per Eagle City Code, the front building setback from the north property line (Aikens Road) is
required to be a minimum of zero feet (0') to a maximum often feet (10'). The existIng front
setback is seventeen feet (I 7').
Per Eagle City Code, the side building setbacks from the property line are requIred to be zero
feet (0') so as to tie into adjoining structures. The existing side setback to the west is twenty
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three feet (23 ') and the side setback to the east is fifty one feet (51 ').
Per Eagle City Code, the lot coverage by the footprint of the structure is required to be a
minimum of forty percent (40%). The existing structure covers approximately nine percent
(13%).
Per Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay district, the City Council may, at their
discretion, suspend or relax some or all requirements found in this code, if the City Council
determines a particular site to be of historical significance. The location of this building is
nestled in an area that maybe considered unique due to the proximity to the Eagle Drain and
adjacent to the pedestrian pathway and bridge that crosses the Eagle Drain providing reciprocal
pedestrian traffic from the south side of the drain to the north side of the drain. On July 9, 2002,
the Eagle City Council determined that the Design Review Ordinance regarding the setbacks and
lot coverage for this building was to apply to new structures and that it was not the intent of the
City to require the existing structure to be rebuilt to meet the setback and lot coverage
requirements. Per past action of the City Council, setbacks and lot coverage for existing
structures has been waived in order to maintain the distinctive look of the downtown of Eagle.
.
The original design review application for this site (DR-28-02) was approved with a 30-foot
wide drive aisle on the west property line located approximately 78- feet south of the north
property line. A cross access agreement between this site and 79 Aikens Road was required
prior to the issuance of a building permit for this site. The current applicant would like to
eliminate the drive aisle between this property and 79 Aikens Road because of the possible
conflict between vehicles and pedestrians within the pedestrian pathway and because of the
extensive use of the property located at 79 Aikens Road during lunch time hours. The applicant
has indicated that a cross access drive aisle between this site and the site to the east would be a
better location for a future cross access because there would not be as likely a conflict between
vehicles and pedestrians in that location. Specifically, the applicant has indicated that a cross
access drive aisle could be provided near the southeast comer of the site where the trash
enclosure is proposed to be located. Due to the applicant's willingness to provide a cross access
drive aisle near the southeast comer of the site, perimeter landscaping on the north side of the
trash enclosure has not been proposed so as to reduce the amount of landscaping to be removed
once a drive aisle is constructed. Also, the pine tree that is proposed to be retained on site will
adequately screen the trash enclosure ÍÌ'om the public right of way.
The applicant is proposing to utilize the natural setting of the Eagle Drain by planting additional
plant material and placing two picnic tables near the pedestrian bridge and the Eagle Drain near
the southwest comer of the site. The applicant should be required to provide detailed cut sheets
of the picnic tables showing the size, color, and materials to be used in the construction of the
tables. The details should be reviewed and approved by staff prior to the City accepting a
building permit for this site.
On July 9,2002, the Eagle City Council required the original applicant ofDR-28-02 to provide
twelve additional inches (12") of tree caliper on this site per Eagle City Code for the removal of
the eight foot (8') tall Arborvitae, an eight inch (8") caliper juniper, and a ten foot (10') tall
Lilac. The landscape plan submitted with this application (date stamped by the City on February
S, 2003) shows the removal of the above mentioned trees to be replaced with two (2) three inch
(3") caliper trees in addition to the trees originally proposed on this site. The applicant should be
required to provide a revised landscape plan showing an additional six inches (6") of tree
replacement caliper on site to be consistent with the original approval ofDR-28-02. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
.
.
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Board prior to the City accepting a building permit for this site.
The City of Eagle constructed a pedestrian pathway abutting this site and a pedestrian bridge that
crosses the Eagle Drain from this area to the Eagle Plaza Shopping Center located on the south
side ofthe Eagle Drain. The pathway was constructed as a straight 13-foot wide asphalt pathway
within the 13-foot wide easement. Long-term speaking, it is not the intent of the City to merely
have a straight, 13-foot wide asphalt pathway in this location. It is the City's intent to have the
pathway meander within the 13-foot wide easement and have landscaping and bollard lights
along both sides of the meandering pathway. The City has been in contact with the
representative regarding said landscaping, bollard lighting, extruded curb, and saw cutting the
asphalt pathway to provide a meandering pathway. The applicant has indicated some landscape
improvements to be installed along the meandering pathway. The applicant should be required
to work with City staff to provide irrigation and power to this pedestrian easement located on the
west property line of this site. The construction of extruded curb and saw cutting of the pathway
should be coordinated with City staff. The completion of irrigation, power, extruded curb, saw
cutting the pathway, and landscaping should be completed prior to the City issuing a Certificate
of Occupancy for this site.
Staff defers comment regarding building design and colors to the Design Review Board.
.
ST AFF RECOMMENDATION PROVIDED WITmN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on March 13, 2003. The
Board continued this application to April 10, 2003, and 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 no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Bowen, Floegel, and McCullough absent) to approve DR-28-02 MOD
for a design review application to modify the multi-tenant commerciallretail building for MHG3
LLC, 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. This multi-tenant commercial/retail building is permitted any use allowed in the Central Business
District that requires a minimum of one parking space per two hundred (200) square feet of gross
floor area.
2. The landscape plan date stamped by the City on March 27. 2003. showin~ three (3) Bowhall Maple
trees proposed on each side of the pedestrian pathway. is approved. Pro'lÍde a revised landsûape plan
showing an additional six inûhes (6") of tree replaeement caliper on site to be consistent with the
original approval of DR 2g 02. The revised landscape plan shall be reviewed and appreved by staff
and one member of the Design Revie'oV Board prior to the City aûûepting a building permit for this
site.
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3. A plan showing construction fencing around the existing tree (a minimum of 10-feet from the trunk
of the tree 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 permit. A cup or a dam shall be built within the drip line of each tree in order
to retain water and the tree shall be water on a regular basis. No construction activity whatsoever
shall take place within the drip line of the tree.
4. Provide minimal building lighting to provide illumination of this site during nondaylight hours. The
applicant has provided an additional historic light fixture within the landscape island located within
the proposed parking lot on the south side of the building. The applicantshall be required to provide
details of any light fixtures to be installed on the building showing the type, wattage, and the
luminaries to be used.
5. Work with City staff to provide irrigation and power to this pedestrian easement located on the west
property line of this site. The construction of extruded curb and saw cutting of the pathway shall be
coordinated with City staff. The completion of irrigation, power, extruded curb, saw cutting the
pathway, bollard lights, and landscaping shall be completed prior to the City issuing a Certificate of
Occupancy for this site.
6. Provide details of the bench and picnic tables proposed to be located on this site showing the size,
color, and materials used in the construction of the bench and picnic tables. The details shall be
reviewed and approved by staff prior to the City accepting a building permit for this site.
7. Provide a revised site plan showing a bike rack on site. Details showing the size, color, and
materials used in the construction of the bike rack shall be submitted to the City. The revised site
plan and details shall be reviewed and approved by staff prior to the City accepting a building permit
for this site.
8. No signs are proposed with this application. A separate design review application is required for the
approval of a master sign plan for this building. The master sign plan shall be reviewed and
approved prior to the City accepting a building permit for this site.
9. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
lO. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
11. Submit payment to the City for arborist fees incurred for reviewing this project prior to issuance of a
building permit.
12. The colored renderin~. buildin~ elevation. and site plans date stamped by the City on April 7. 2003.
are approved.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District andlor 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
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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.
S. 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.
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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.
l2. 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
l,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 PathwaylGreenbelt 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 PathwaylGreenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
IS. 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.
l6. 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
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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 ¡lliQr to constructionl
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
waiverlvariance 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).
2S. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use oflandscaping (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 February S, 2003.
2. Requests for agencies' reviews were transmitted on February 18, 2003 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-28-02 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR
Design Review Overlay District, and based upon the information provided with the conditions
required herein, concludes that the proposed design review application is in accordance with the
Eagle City Code and the Eagle Comprehensive Plan.
4. Regarding Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay district, the City Council may, at their discretion,
suspend or relax some or all requirements found in this code, if the City Council determines a
particular site, setting, or use to be of historical significance. The Board has determined that this
building has a unique configuration and recommends a reduction of the required glass on the front
(north) elevation of this building, the required lot coverage, and the required setbacks.
Page 12 of 13
KIPlanning DeptlEagle ApplicationsIDrI2002IDR-2B-O2 MOD drfdoc
DATED this 24th day of April 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
E£~an
ATTEST:
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ç...- Sharon ~K. Moore, Eagle City lerk
Page 13 of 13
K:\Planning DeptlEagle ApplicationsIDrI2002IDR.28-02 MOD drf.doc