Findings - DR - 2003 - DR-56-03 - Construct 16,800' Flex Space Building For The Bagmaker
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A FLEX SPACE BUILDING FOR OWYHEE
CAPITAL CORPORATION
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-56-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 13,2003. The Board continued the item to December 11, 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:
Owyhee Capital Corporation, represented by Clinton Yaka with BRS Architects, is requesting
design review approval to construct a 16,800-square foot flex space building for The Bagmaker.
The site is located on the south side of State Highway 44 approximately Y2-mile west of State
Highway 55 within the proposed Ancona Business Park.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 8, 2003.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 21, 2003, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary
plat application (CU-9-01 & PP-6-0l) for Ancona Business Park.
On May 21, 2002, the Eagle City Council approved a design review application for the common
area landscaping within Ancona Business Park (DR-7-02). This application has since expired.
On September 9, 2003, the Eagle City Council approved a preliminary plat extension of time
application for Ancona Business Park.
E. COMPANION APPLICATIONS: DR-57-03 (building wall sign for The Bagmaker)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use MU (Mixed Use) Vacant
Proposed No change No change Flex space building
North of site Business Park BP (Business Park) State Highway 44/Yacant/
Mobile residences
South of site Mixed Use MU (Mixed Use) VacanúPasture
East of site Mixed Use MU (Mixed Use) VacanúPasture
West of site Mixed Use MU (Mixed Use) VacanúPasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: N/A
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 38,27 I-square feet (O,88-acres) 7,000-square feet (0.16-acres -
minimum)
Percentage of Site Devoted to 31 % (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 10% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 33-parking spaces 30-parking spaces (minimum)
Front Setback 33-feet 20-feet (minimum)
Rear Setback 29-feet 20-feet (minimum)
Side Setback 47-feet (north) 7.5-feet (minimum)
Side Setback 14-feet (south) 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One flex space building.
Height and Number of Stories of Proposed Buildings: 35-feet in height; two stories.
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Gross Floor Area of Proposed Buildings: First floor = 12,000-square feet
Second floor = 4,800-square feet
Total = 16,800-square feet
On and Off-Site Circulation:
A 19,600-square foot (approximately) paved parking lot will be constructed for vehicles using this
site. One 24-foot wide driveway access drive will be located on the north side of this site
providing access to McGrath Road. Cross access between the abutting parcels will provide access
to the north, east, and south.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile roofing at the entries (Northwest Grey), single ply on the flat roof areas
Walls: Tilt-up concrete (Softer Tan and Cocoon), River rock wainscoting around columns (Stream
Stone - Rainier)
Windows/Doors: Aluminum
Fascia/Trim: EIFS
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: No street trees are required with this application.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is not proposed around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross
access between parcels.
b. Interior Landscaping: 8% interior landscaping is required. 12% will be installed.
M. TRASH ENCLOSURES:
One 54-square foot trash enclosure will be located near the southwest corner of the building,
approximately 360-feet west of the driveway on McGrath Road. The enclosure will be constructed
of CMU walls 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 walls. No ground mounted mechanical units are proposed with this application and
none area approved.
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O. OUTDOOR LIGHTING:
The applicant will use a total of eight (8) accent light fixtures on the north, south, and east building
elevations, and three (3) wall mounted light fixtures will be used on the west building elevation.
Six (6) historic light fixtures will be located throughout the parking lot. Two (2) bollard light
fixtures will be located within the plaza area at the main entrance to the building located on the
east side of the building. All site and building lighting as submitted with this application will be
high pressure sodium.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-57-03) has
been submitted and is required for the approval of any signage for this building. The design
review sign application shall be reviewed and approved by the Design Review Board 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 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 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 - The Boise River floodplain is designated a Hazard
Area and Special Area in the Comprehensive Plan.
The Plan specifies additional development criteria
and calls for special consideration relating to any
proposed development within the Boise River
Floodplain. NOTE: A Floodplain Development
Permit is required.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - Boise River Floodplain (100 year)
Mature Trees - no
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):
An environmental assessment plan has been submitted for review.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
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appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-1-2 ROOF-MOUNTED MECHANICALS:
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
.
Section 8-2A-6(A)(5)(b)
.
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof 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)(a)
Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
Section 8-2A-6(A)(6)(b)
Proportion Of Building: The height to width relationship of new structures shall be compatible
and consistent with the architectural character of the area and proposed use;
.
.
Section 8-2A-6(A)(6)(c)
Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment, to provide shadow
relief. A void monotonous flat planes;
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.
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.
Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
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.
All buildings shall be designed and constructed with architectural features and materials that
enhance the entry corridor into the City. Metal buildings shall be prohibited. Architectural
elevations and materials for all buildings shall be reviewed and approved by the Design Review
Board prior to issuance of any building permits.
All loading docks and trash containers shall be screened from view from State Highway 44.
Screening materials and location of the loading docks and trash containers shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
All roof mechanical units shall be screened from view. Screening materials shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
.
.
.
D. DISCUSSION:
.
This site is located within the Ancona Business Park, located adjacent to a highly visible roadway
(State Highway 44) and the entryway into the City of Eagle. Eagle City Code requires that the
mass of a building be reviewed for its relationship with existing development in the immediate
surrounding area. This building will be the first building constructed in this area and special
attention should be given to the architecture of this building as it will set the character for all future
buildings within this development. The applicant has proposed a one hundred sixty foot (160')
long by thirty foot (30') high concrete tilt-up wall on the west building elevation with a six inch
(6") undulation in the parapet wall for a distance of ninety six (96) linear feet. The applicant
should be required to provide revised elevation plans that provide greater relief on the north, south.
and west building elevations through the use of columns, varied building materials, an undulating
parapet wall, windows, ledges, or awnings, The revised elevation plans 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 building are proposed to be located on the west building elevation
which is highly visible from State Highway 44. Per the preliminary plat approval for Ancona
Business Park, all loading docks are required to be screened from State Highway 44. The
landscape plan, date stamped by the City on October 8,2003, indicates that one (1) deciduous tree
and ten (10) shrubs will be planted every thirty five feet (35') on center within the perimeter
landscaping abutting this site's west property line. Staff defers comment regarding the screening
of the loading docks from State Highway 44 to the Design Review Board.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is
required between the property lines and the parking lot and should be planted with a minimum of
one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff s opinion
.
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.
that because this site will be integrated with the surrounding properties providing cross access
between parcels that the applicant should not be required to provide a perimeter landscape strip on
the north, south, or east property lines.
This site is located abutting the west property line of Ancona Business Park with no direct street
access to McGrath. A common access driveway is proposed to be constructed from the northeast
corner of this site, along the common lot lines of Lots I and 7, Lots 2 and 7, Lots 3 and 4, Block I
of Ancona Business Park (as shown on Sheet SD-IA date stamped by the City on November 4,
2003). The applicant has indicated that the site is to be accessed by a twenty four foot (24') wide
asphalt access drive providing access to McGrath Road. The applicant should work with the
developer to complete all the asphalt as shown on the site access plan date stamped by the City on
November 4, 2003, to provide a consistent pavement area.
.
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 as shown on the elevation plans date stamped by the City on October 8,
2003. The roof-top mechanical units are shown to be completely screened from view by the
parapet wall. 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.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 13, 2003. The
application was continued to December 11, 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 4 to 0 (Floegel, McCullough, and Stanger absent) to approve DR-56-03 for a
design review application to construct a flex space building for Owyhee Capital Corporation 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. The roof-top mechanical units are shown to be completely screened from view by the parapet wall as
shown on the elevation plans date stamped by the City on October 8,2003. No ground mounted
mechanical units are proposed with this application and none are approved.
2. Work with the developer to complete all the asphalt as shown on the site access plan date stamped by
the City on November 4, 2003, to provide a consistent pavement area.
3. Provide a complete drainage plan of the twenty four foot (24') wide asphalt access drive located on
Lots 1,2,3,4,5, and 7, Block I, Ancona Business Park prior to the City issuing a zoning certificate
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for this site.
4. Proviàe ftr;ised eleyatiofl plaRs tHat provide gFeater r-eHef OR tHO BortH, SOl::ltH, aRE! west I3l::lildiRg
øle';atiofls tHrOligh tHe I::lse of COhUÐI1S, varied Ðl::lildiBg materials, an I::lßdl::llatiBg parapet wall, windows,
ledges, or awRiRgs. Tke revised elevatioR plaRs sflol::lld be re'liewed aRd approved by tHe DesigR
Re"'¡el,v BoaFd prior to tHe City isSl::liBg a zofliBg eertifieate for tkis site.
5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
6. No signs are proposed with this application. A separate design review application (DR-57-03) 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.
7. Provide revised colored elevation plans showing the paint schemes on the east building elevation
alternating and consistent on all three (3) entries. The revised colored elevation plans shall be
reviewed and approved bv staff and one member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
8, Provide revised elevation plans showing vertical relief to emphasize the column locations on the north,
south, and west elevations. The columns shall be painted from the ground up to the highest horizontal
revel so as to terminate below the main entry on the east building elevation. The revised elevation
plans 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.
9. The location of the windows and columns, as shown on the elevation plan date stamped by the City on
December 3, 2003, are approved.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
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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 (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.
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1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
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.
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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 October 8, 2003.
2. Requests for agencies' reviews were transmitted on October 21, 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-56-03) 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 8th day of January 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~Y'ldMO
Eric R. McCullough,
ATTEST:
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