Findings - DR - 2004 - DR-63-03 - Construct 960' Addition To Convenience Store W/Fuel Service/Site Improvements
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A BUILDING
ADDITION TO THE CONVENIENCE STORE
WITH FUEL SERVICE AND ASSOCIATED SITE
IMPROVEMENTS FOR THE SMITH'S EAGLE CHEVRON
)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-63-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 11, 2003. The Board continued the item to January 8, 2004, and to January 22, 2004, 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:
Smith's Eagle Chevron, represented by Rick Toews with BRS Architects, is requesting design
review approval to construct a 960-square foot addition to the convenience store with fuel service
and associated site improvements to the Smith's Eagle Chevron. The site is located on the
northwest corner of South Eagle Road and West Inlet Bay within the Channel Center Subdivision
at 503 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 5, 2003.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 19, 2003, in accordance with the
requirements of Eagle City Code.
D. illS TORY OF RELEVANT PREVIOUS ACTIONS:
On November 11, 2003, the Eagle City Council approved a conditional use permit (CU-09-03) to
allow a building addition to the existing Smith's Eagle Chevron convenience store with fuel
service.
E. COMPANION APPLICATIONS: DR-68-03 (master sign plan for Smith's Eagle Chevron)
Page 1 of 11
K:\P1anning DeptlEagle Awlications\Drl2003\DR-63-03 drl.OOc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGN A TION
Existing Commercial C-l (Neighborhood Business Chevron convenience store
District) with fuel service, car wash
and emissions testing
Proposed No Change No Change No Change
North of site Commercial C-l (Neighborhood Business Washington Mutual bank
District)
South of site Commercial C-l (Neighborhood Business Retail building
District)
East of site Public/Semi-Publici C-3 (Highway Business Eagle Road and proposed
Commercial District with Development Westmark Credit Union
Agreement)
West of site Commercial C-l (Neighborhood Business Office building
District)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
This site is improved with a convenience store with fuel service, a car wash, and emissions testing
station with associated landscaping and parking/drive aisles. The site is located within the North
Channel Center commercial development.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.5-acres (65,035-square feet) 0.05-acres (2,000-square feet)
minimum
Percentage of Site Devoted to 7.3% (4,718 SF) 50% maximum
Building Coverage (5.8% - 3,758 SF existing)
Percentage of Site Devoted to 32% (20,976 SF) 10% (minimum)
Landscaping
Number of Parking Spaces 25-parking spaces 22-parking spaces (minimum)*
Front Setback 1O0-feet to car wash 15-feet (minimum)
180-feet to store
Rear Setback 15-feet O-feet
Side Setback 38-feet to car wash O-feet (minimum)
152-feet to store
Side Setback 30-feet lO-feet (minimum)
. Note: Based on one (1) parking space per two hundred and fifty (250) square feet of gross floor area plus one (I) parking
Page 2 of 11
K:\P1anniug DeptlEagle ApplicationsIDr\2OO3\DR-63-03 drl.OOc
space for each two (2) gasoline pumps.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
A 960-square foot building addition is to be constructed on the southern portion of the existing
store to provide an area for food preparation, such as a bakery or sandwich shop. General aesthetic
modifications to the site, including a sheltered patio on the northern side of the building and a roof
cover over the propane station are to be constructed.
Height and Number of Stories of Proposed Buildings:
The existing building is one-story tall with a current height of twenty one feet (21 '), with the
building addition to be twenty feet (20') in height.
Gross Floor Area of Proposed Buildings:
The existing convenience store consists of 2,904 square-feet with 960 square-feet to be constructed
for the addition.
On and Off-Site Circulation:
A 36,675-square foot (approximately) paved area provides access and parking for vehicles using
this site, accessed by two driveways. One 36-foot wide driveway is located on the south side of
this site on West Inlet Bay Lane, approximately 155-feet west of Eagle Road. A 30-foot wide
driveway is located on the west side of this site on River Shore Lane, approximately 2oo-feet north
of West Inlet Bay Lane.
K. BUILDING DESIGN FEATURES:
All building materials and colors will match the existing building materials and colors.
Roof: Bitumen roofing system; Standing seam with concealed fasteners (Gray)
Walls: 29 gauge factory fmished steel siding (Blue, Tan, Off-white)
WindowslDoors: Powder coated aluminum
FascialTrim: 29 gauge factory finished steel trim (Gray)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The landscaping for this site was approved
with the original design review application (DR-3-97). Since that approval, one (1) conifer
tree has been removed from the propane tank area. All other trees will remain in their current
locations with the exception of one (1) tree that will be removed and relocated on site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees abutting this site have previously been installed.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: Nt A
Parking Lot Landscaping: The perimeter landscaping was approved and installed with the original
Page 3 of 11
K:\P1arulln¡¡ DeptlEagle ApplicationsIDr\2OO3\DR-63-03 drl.OOc
design review application (DR-3-97.
M. TRASH ENCLOSURES: Existing
N. MECHANICAL UNITS:
The applicant will use roof top mechanical units. The roof top mechanical units are to be screened
by the parapet wall. No ground mounted mechanical units are proposed with this building
addition and none are approved.
O. OUTDOOR LIGHTING:
The site and building lighting was approved with the original design review application (DR-3-
97). Since that approval, two (2) light fixtures have been added to the east and west building
elevations of the car wash building. These light fixtures do not comply with Eagle City Code,
which requires the lamp and lens to be screened from view.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-68-O3) 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.
Q. PUBLIC SERVICES A V AILABLE:
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 - yes -located within the Boise River Floodplain
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500 year - Boise River Floodplain
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):
An Environmental Assessment Plan was completed as a part of the Channel Center Subdivision in
1995.
Page 4 of 11
K:\P1anniug DeptIEagIe Applications1Dr\2OO3\DR-63-O3 drl.doc
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by reference.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
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, WIllCH ARE OF SPECIAL CONCERN REGARDING
TIllS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Commercial.
B. CONDITIONAL USE PROVISION, wmCH ARE OF SPECIAL CONSCERN REGARDING TillS
PROPOSAL:
.
Only the use (Convenience store with fuel service) is approved with the conditions noted herein.
The property is subject to the conditions of design review.
Comply with all conditions of DR-3-97 and DR-2-98 MOD, including (but not limited to) the
screening of the lights illuminating the monument sign on Eagle Road with landscaping providing
a twelve-month screen of sufficient height and density to conceal the fixtures. This item shall be
addressed in the design review application to be submitted for the proposed addition to the
convenience store and associated site improvements.
.
The applicant shall screen the propane tank filling facility to shield the equipment from the view of
vehicles and pedestrians on the north side of the facility. Plans showing details and materials used
to screen the propane facility shall be submitted to the City for review and approval by the Design
Review Board prior to the issuance of any building permits.
C. ZONING CODE PROVISIONS, wmCH ARE OF SPECIAL CONCERN REGARDING TillS
PROPOSAL:
.
.
Eagle City Code Section 8-2A-7(C)(1)
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 Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
6 1/4 inches to 12 inches 1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
.
Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection Cl of this section.
Page 5 of 11
K:\P1anniug DeptlEagle ApplicationslDr\2003\DR-63-O3 drl.OOc
.
Eagle City Code Section 8-4-4-2(A)(2)
Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
.
Eagle City Code Section 8-4-4-2(A)(3)
Except as noted in subsection A4 of this section, all site lighting shall be recessed or shielded
to direct all light downward and the source of the light (including the lamp and any nonopaque
materialllens covering the lamp) shall not be directly visible by a person of average height
standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
D. DISCUSSION:
.
The Smith's Eagle Chevron was completed in June of 1998, at which time all the required site
improvements (i.e.: landscaping, drainage, parking, etc.) were completed. The applicant is
proposing to construct a nine hundred and sixty (960) square foot building addition to the existing
two thousand nine hundred four (2,904) square foot convenience store. The addition is proposed
to be constructed abutting the south building elevation of the convenience store, and the existing
display area and patio are proposed to be moved and reconstructed on the north side of the
convenience store. Currently, there is an existing six inch (6") maple tree located approximately
sixteen feet (16') south of the existing convenience store that the applicant is proposing to relocate
to the north side of the convenience store and to the west of the proposed patio area. The applicant
should be required to contact the City Forester prior to the removal and relocation of the maple
tree (as shown on the landscape plan date stamped by the City on November 5, 2003) to ensure
that the proper method for removing and relocating the maple tree to the north side of the
convenience store is completed.
Other than the trim cap located at the top of the parapet walls, and the horizontal band located at a
height of nine feet (9') on the exterior walls, the south building elevation ofthe proposed addition
does not have any building relief to provide visual interest. The plant material proposed at the
base of the building will only reach a height of three to four feet (3' to 4') and will provide
minimal relief to the south building elevation. The applicant has the opportunity to provide an
aesthetically pleasing building addition through the use of windows with fabric awnings and/or
landscape. The applicant should be required to provide a revised elevation plan showing
additional relief to the south building elevation by incorporating windows with fabric awnings
and/or a revised landscape plan showing landscaping with greater height and variety. The revised
elevation and/or landscape plan should 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.
The existing convenience store with fuel service requires twenty (20) parking spaces, the proposed
building addition will require the site to have a total of twenty five (25) parking spaces. With
twenty two (22) parking spaces on site three (3) additional parking spaces are required; the site
plan date stamped by the City on November 5, 2003, shows the addition of five (5) parking spaces.
Three (3) parallel parking spaces are proposed to be located on the east side of the parking lot
approximately thirty three feet (33') east of the fuel island canopy and two (2) parallel parking
spaces are proposed to be located adjacent to the emission testing drive thru lane approximately
fifteen feet (15') south of the car wash facility. Staff believes that these two (2) parking spaces
due to the close proximity of the emission testing drive thru and because of the confusion that may
occur with cars parking in the middle of the parking lot that these two (2) parking spaces should
not be installed. The applicant should be required to provide a revised site plan showing the two
.
.
Page 6 of 11
K:\P1anniug DeptlEagle ApplicationslDt\2003\DR-63-03 drl.OOc
.
(2) parallel parking spaces south of the emission testing drive thru removed. The revised site plan
should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
There are two (2) non conforming light fixtures on the east and west building elevations of the car
wash facility. Per Eagle City Code, the lamp and lens of any light fixture shall not be directly
visible by a person of average height standing on the property line of any public right of way, or
any private street. The applicant should be required to remove the two (2) non conforming light
fixtures that are located on the east and west building elevations of the car wash facility. The light
fixture should be removed prior to the City issuing a zoning certificate for this site.
.
There is a tree stump located ten feet (10') northwest of the propane station. The original
landscape plan date stamped by the City on February 10,1997, shows three (3) six to seven foot (6
- 7') tall Colorado Spruce trees planted north of the propane station. The applicant should be
required to provide a revised landscape plan noting the tree stump located approximately ten feet
(10') northwest of the propane station to be removed and replaced with a six to seven foot (6 -7')
tall Colorado Spruce. The revised landscape plan should be reviewed and approved by staff prior
to the City issuing a zoning certificate for this site.
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 December 11, 2003. The
application was continued to January 8, 2004, and January 22, 2004, 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 5 to 0 (Bowen and McCullough absent) to approve DR-63-03 for a design review
application to construct a building addition to the convenience store with fuel service and
associated site improvements for Smith's Eagle Chevron 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 APPROV AL:
1. Comply with any applicable conditions of CU-09-03.
2. Contact the City Forester prior to the removal and relocation of the maple tree as shown on the
landscape plan date stamped by the City on November 5, 2003, to ensure that the proper method for
removing and relocating the maple tree to the north side of the convenience store is completed.
3. The revised elevation plan date stamped by the City on January 14.2004. showine: a trellis and stucco
panels on the south building elevation. are approved. PR'}viåe a revised elevatieB plaø sllewiBg
aElåiti9Bal relief te tlte seatlt BailåiBg elevatiaB BY iBeeFf'efIHiBg wiBdews witll fahrie avlBiBgs aøèler a
reviseà laøàseape plaø sllawiBg lanåseapiRg witlt greater Ileigllt aøå variety. Tile revised ele'lat-Ìa8
aøàler laøåseape plaø sllall Be reviewed aøå appre'leå BY staff aøå eBe memBer af tile DesigB Review
Page 7 of 11
K:\P1anniug DeptIEagIe ApplicationsIDr\2OO3\DR-63-03 drf.OOc
Beaæ prier te tlte City issaiBg a zeøiBg eefÛfÌ.eate fer tltis site.
~. pføviåe a feviseå site plaR shøv:iøg the p.ve (2) pamllel parkiBg spaees saatlt af tlte emissieB testiBg
drive thrt:1 Feæøveà. Tile Feviseà site plaR sliaU he Fe':ieweå aøå appreveà BY staff prier ta tHe City
issaiøg a zaBiBg eeFtifieate fer tltis site.
5. Remove the two (2) non conforming light fixtures that are located on the east and west building
elevations of the car wash facility. Provide detailed cut sheets of the parkin!!: lot light fixtures shown
on the site plan date stamped by the City on January 8. 2004. showing the style. luminarie. wattage.
heil!ht. etc. The building light fIXture§...shall be removed and the detailed cut sheets of the parking lot
light fIXtures shall be reviewed and approved by staff prior to the City issuing a zoning certificate for
this site.
6. Provide a revised landscape plan noting the tree stump located approximately ten feet (10') northwest
of the propane station to be removed and replaced with a six to seven foot (6 -7') tall Colorado Spruce.
The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
7. 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.
8. Provide a detailed cut sheet of the bench proposed under the trellis on the south buildinl! elevation.
The cut sheet shall be reviewed and approved by staff prior to the City issuing a zoninl! certificate for
this site.
9. The stucco panels shown on the south buildinl! elevation shall be used for the display of art that has
been reviewed and approved by the Ea!!:le Arts Commission. Any art project that has been approved
by the Eal!le Arts Commission shall be funded by money from the Arts Commission budget.
10. Provide a revised landscape plan showing several large potted plants to be located under the trellis that
is proposed to be constructed on the south buildin!!: elevation. The revised landscape plan shall be
reviewed and approved by staff prior to the City issuing a zonin!!: 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 fll"st.
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 fll"st.
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
Page 8 of 11
K:\P1anniug DeptlEagle AppJicationslDr\2003\DR-63-O3 drl.OOc
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.
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
Page 9 of 11
K:\P1anniug DeptIEagIe ApplicationslDr\2003\DR-63-03 drl.OOc
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
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.
Page 10 of 11
K:\P1amring DeptlEagle ApplicationsIDr\2OO3\DR-63-03 drl.OOc
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fiXtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 5, 2003.
2. Requests for agencies' reviews were transmitted on November 19, 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-63-03) 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 12th day of February 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~
Eric R. McCullough, Chairman
ATTEST:
..'. 'II""",
.." "
~",.,j of EA () '##,
,,:>¿: , ~..8~'" ~~"
,,:> ." ." V'v v ~
.: ,.~~" ., r- '. . '" 88 ~
"~v' '8 ~
:. ,,' 8 .
: :-- ~*:
- 8 8 :
:.. ~ ;:::~ :
. 8... c', 0.: :
~ 80 . ","". 0 .:
1.' , ~.8 ..:'. .:
~ ú >..- " .' .:
### . \ç . ......"
*",,: "'~'
,.......".,
. ~ ~ \L{~r(~
- Sharon K. Moore, Eagle City CI k
Page 11 of 11
K:\P1amlln¡¡ DeptlEagle ApplicationsIDr\2OO3\DR-63-03 drl.OOc