Findings - DR - 2003 - DR-47-03 - Construct A 2312' Restaurant/498 E State Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONCTRUCT A DOMINO'S
PIZZA RESTAURANT FOR HB ONE, LLC
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-47-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 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:
HB One, LLC, represented by Terry Butler and Robert Runyan, is requesting design review
approval to construct a 2,312-square foot restaurant. The site is located on the north side of
State Street approximately 1O0-feet west of Stierman Way at 498 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 7, 2003.
C. NOTICE OF HEARING:
Requests for agencies' reviews were transmitted on August 13, 2003, in accordance with the
requirements of the Eagle City Code.
D, HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-58-03 (monument and building wall sign for Domino's Pizza)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business District CBD (Central Business Vacant
District)
Proposed No Change No Change Domino's Pizza Restaurant
North of site Central Business District CBD (Central Business Medical Office
District)
South of site Central Business District CBD (Central Business Multi-tenant retaiVoffice
District) building
East of site Central Business District CBD (Central Business Convenience store with
District) fuel service
West of site Central Business District CBD (Central Business Vacant (Proposed Heritage
District) Square commerciaVretail
center)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional
Development Area).
H. EXISTING SITE CHARACTERISTICS:
There are three (3) existing trees located on this site that the applicant is to protect and retain on-
site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.31-acres (13,717-square feet) O.OI-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 20% (approximately) 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to 17% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces IS-parking spaces lO-parking spaces (minimum)*
Front Setback 20-feet (south) lO-feet (minimum)
25-feet (maximum)
Rear Setback 48-feet (north) O-feet
Side Setback 10-feet (west) O-feet (minimum)
lO-feet (maximum)
Side Setback 48-feet (east) O-feet (minimum)
lO-feet (maximum)
* Note: The parking for this site was calculated using one (I) parking space per two hundred fifty (250) square feet of gross
floor area. The use of a DollÙno's Pizza Restaurant more closely resembles a retail use rather then a restaurant because
patrons do not stay for extended lengths of time.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a restaurant.
Height and Number of Stories of Proposed Buildings: 19-feet; one story.
Gross Floor Area of Proposed Buildings: 2,312-square feet.
On and Off-Site Circulation:
A 6,097-square foot (approx.) paved parking lot will provide access for vehicles using this site.
One 22-foot wide driveway will be located on the south side of this site approximately 46-feet east
of the west property line providing access to East State Street. This driveway is shared with the
convenience store (Justo's) located adjacent to this site's east property line.
K. BUILDING DESIGN FEATURES:
Roof: Flat roof - built-up; Canopy - Architectural asphalt shingles
Walls: Cultured stone wainscoting, Stucco
Windows/Doors: Aluminum doors and windows
FascialTrim: Painted metal
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are three (3) existing trees on this
site that the applicant will protect and retain on-site. One tree is to remain in its current location
and the two flowering pear trees will be relocated on-site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): Reviewed by the Design Review Board
Street Trees: The applicant will install three (3) street trees along East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is not proposed on the east property line of the parking
lot because this site and the property to the east share a common access drive
aisle. Continuous landscaping has will be installed on the south, west, and north
perimeters of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required. 6% will be installed.
M. TRASH ENCLOSURES:
One 88-square foot trash enclosure will be located near the northwest corner of the site
approximately ISO-feet north of the driveway on East State Street. The enclosure will be
constructed of cultured stone and stucco with metal gates, all of which will be painted to match the
color of the building.
N. MECHANICAL UNITS:
The applicant will use roof-top mechanical units. The roof-top mechanical units will be screened
by the parapet wall of the building.
O. OUTDOOR LIGHTING:
The applicant will install one (1) historic light fixture on East State Street near the southeast corner
of the site. Two (2) wall mounted light fixtures will be located on the east building elevation. The
wall fixtures will be 70-watt high pressure sodium.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-58-03) has
been submitted and approval is required for any signs for this site. The sign application shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
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
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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 - no
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
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
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.
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
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.
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(C)(2)(b)
.
.
Ground Floor Requirements: The ground floor (street level) of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a variety of
potential uses that may not be contemplated at the time of construction. Examples include:
specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop, department store,
hardware store, other personal services, restaurant or theater or financial services or a parking
garage. Any use must meet the requirements set forth in section 8-2-3 of this chapter.
Section 8-2A-6(C)(3)(b)
Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten feet
(10') maximum where ties to adjoining structures are not desirable.
.
Section 8-2A- 7(A)(6)(g)(3)
Roof-mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
.
Section 8-2A- 7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
.
Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
.
Section 8-4-5
Restaurants, dining rooms, taverns nightclubs, etc. - 1 per 150 square feet of gross floor area;
plus 1 per 35 square feet dance floor
Retail sales not listed under another
use classification
- 1 per 250 square feet of gross floor area
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C. DISCUSSION:
.
The adjacent property is currently used as a convenience store with fuel service which provides
parking abutting that building's west building elevation. The subject site and the adjacent
property share a driveway which provides access to East State Street. However, a cross access
agreement between the two sites has never been formally documented nor recorded. The parking
configuration on the adjacent site and the shared driveway on East State Street have determined
the location of the building on the subject site.
The applicant is proposing to locate the building 48-feet west of the east property line. The
building has been located in this manner due to the configuration of the property adjacent to this
site's east property line. Eagle City Code requires a maximum of ten feet (10') for side building
setbacks within the IDA (Transitional Development Area). It is staff's opinion that the cross
access between the two sites holds a higher standard then the east side building setback.
Therefore, the applicant should be required to provide a cross access agreement between this site
and the property to the east. The cross access agreement should be reviewed and approved by the
Zoning Administrator and should be recorded in the Ada County Recorder's office prior to the
City issuing a zoning certificate for this site,
The developer of the adjacent property to the west was required to obtain cross access with the
property located to the north of this site, and to date, has been unsuccessful in that attempt. To
facilitate interconnectivity between this site and the site to the west and to reduce the amount of
vehicles entering and existing East State Street, a cross access agreement should be entered into.
The applicant of this site should be required to provide a cross access agreement between this site
and the property to the west located twenty two feet (22') south of the north property line of this
site. The cross access agreement should be reviewed and approved by the Zoning Administrator
and should be recorded in the Ada County Recorder's office prior to the City issuing a zoning
certificate for this site.
.
.
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 roof-top mechanical units are not completely screened from view
by the parapet wall as shown on Sheet A-2 date stamped by the City on November 3,2003. Per a
phone conversation with the applicant's representative, Terry Butler, on November 6,2003, the
roof-top mechanical units as shown are located two inches (2') above the roof line on a twelve
inch (12") curb. If the applicant were to draw the roof-top mechanical units flush with the roof
line, the mechanical units would be completely screened from view by the parapet wall. The
applicant should be required to provide revised building elevations showing the roof-top
mechanical units in relation to the parapet walls showing the mechanical units are completely
screened from view. The revised building elevations should be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site. No ground mounted mechanical units are
proposed with this application and none are approved.
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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 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/representative).
BOARD DECISION:
The Board voted 6 to 0 (Christensen absent) to approve DR-47-03 for a design review application
to construct a Domino's Pizza Restaurant for HB One, LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a cross access agreement between this site and the property to the east. The cross access
agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the
Ada County Recorder's office prior to the City issuing a zoning certificate for this site.
2. Provide a cross access agreement between this site and the property to the west located twenty two feet
(22') south of the north property line of this site. The cross access agreement shall be reviewed and
approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior
to the City issuing a zoning certificate for this site.
3. Provide details of the mechanical units showing the height and size and revised building elevations
showing the roof-top mechanical units in relation to the parapet walls showing that the mechanical
units are completely screened from view. The details and revised building elevations shall be reviewed
and approved by staff prior to the City issuing a zoning certificate for this site. No ground mounted
mechanical units are proposed with this application and none are approved.
4. Provide a copy of a license agreement from the Ada County Highway District allowing any
improvements to be constructed or placed within the right-of-way of State Street. The license
agreement shall be submitted to the City prior to the City accepting a building permit for this site.
5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7, No signs are proposed with this application. A separate design review application (DR-58-03) has
been submitted and is required for the approval of any signs for this site. The sign application shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
8. Provide detailed buildin¡r elevations showing that the two (2) paint tones. as indicated at the November
13. 2003. Desil]:n Review Board meetin¡r. will continue on all elevations of the buildin¡r, The metal
trim cap located on the top of the parapet walls shall match the trim and accent color, The detailed
building elevations shall be reviewed and approved by staff prior to the City issuing a zonin¡r
certificate for this site.
9. Provide a revised site plan showin¡r the location of all parkin¡r lot li¡rhts. The revised site plan shall be
reviewed and approved by staff prior to the City issuing a zonin¡r certificated for this site.
10. Provide a ¡roose neck style li¡rht fixture on the east building elevation rather than the wall pack light
fixtures. Detailed cut sheets showing the style. watta¡re. luminarie. and mountin¡r hei¡rht shall be
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reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
11, Once the location of the electrical transformer has been determined by Idaho Power Company, a
revised landscape plan showing the electrical transformer screened from view by landscaping shall be
submitted to the City. The revised landscape shall be reviewed and approved by staff and one member
of the Design Review Board prior to the City issuing a zoning certificate for this site.
12. Provide a revised landscape plan showing the installation of evergreen plant material. a minimum of
six feet (6') in height at the time of planting, around the trash enclosure. The revised landscape plan
shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site,
13. Provide a revised landscape plan showing the small planter bed located near the southwest corner of
the site (noted as existing) to be incorporated into the planter beds located adjacent to the plaza area on
the south side of the building, The revised landscape plan shall be reviewed and approved by staff and
one member of the Design Review Board prior to the City issuing a zoning certificate 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 flfst.
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
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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 (I) 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 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
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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 flfst.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited,
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject 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
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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 August 7,2003,
2. Requests for agencies' reviews were transmitted on August 13, 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-47-03) 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 11th day of December 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~~
Eric R. McCullough, Chairman
ATTEST:
Y)
Sharon K.. Moore, Eagle City Clerk
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