Findings - DR - 2015 - DR-22-15 - Temporary Public Parking LotBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A )
TEMPORARY PUBLIC PARKING LOT FOR )
THE EAGLE URBAN RENEWAL AGENCY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -22 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on July 9, 2015. The 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:
The Eagle Urban Renewal Agency, represented by John Roters with South Landscape Architecture,
is requesting design review approval to construct a temporary public parking lot with associated
landscaping. The 0.73 -acre site is located on the southeast corner of West State Street and Olde
Park Place at 45 and 75 West State Street and 64 South Olde Park Place.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 18, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 23, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 25, 2014, the Eagle City Council approved a tree removal application for the removal
of several trees located on this site (TR- 0I -14).
On February 3, 2015, the Eagle Urban Renewal Agency contracted for the removal of the existing
trees and the existing building from the site (old Tri City Meats building). The items were removed
in April of 2015.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: The site is vacant.
I. SITE DESIGN INFORMATION:
Site Data
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Downtown
CBD (Central Business District)
Vacant
Proposed
No Change
No Change
Public Parking Area
North of site
Downtown
CBD (Central Business District)
Liquor Store
South of site
Downtown
CBD (Central Business District)
Vacant
East of site
Downtown
CBD (Central Business District)
Abandoned Service Station
West of site
Downtown
CBD (Central Business District)
Pharmacy
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: The site is vacant.
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
0.73 -acres (31,907 - square feet)
0.01 -acres (500- square feet)
Percentage of Site Devoted to
Landscaping
20% (approximately)
10% (minimum)
Number of Parking Spaces
24- parking spaces
N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation:
An 8,300 - square foot (approximately) gravel parking lot provides public parking for patrons within
the Downtown. One 24 -foot wide driveway is proposed to be located on the west side of this site
approximately 60 -feet south of the back of curb of West State Street, providing access to Olde Park
Place. One 23 -foot wide driveway is proposed to be located on the north side of the site
approximately 70 -feet east of the west property line, providing access to West State Street.
K. BUILDING DESIGN FEATURES: N/A
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is one 6 -inch caliper pear tree located
on the southeast corner of West State Street and Olde Park place that is to be protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing three (3) trees along West State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Landscaping is proposed between the parking area and West State Street.
b. Interior Landscaping: 8% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE:
No signs are proposed with this application.
the approval of any signs.
A separate design review application is required for
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from the Eagle Fire Department has been received by the City. A
water service approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — one 6" pear tree
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
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Unstable Soils - unknown
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 incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Eagle Fire Department
Eagle Parks and Recreation
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:
• 5.5 Economic Development Implementation Strategies
A. Encourage signage promoting Downtown Eagle.
B. Expand the existing historic style lighting and beautification efforts throughout the
Downtown Eagle.
C. Encourage a diversity of uses in the Downtown Eagle.
D. Provide adequate parking for downtown businesses.
• 6.3.11 Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public,
quasi - public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use, Residential, Commercial and Professional Office.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -1 -2 Rules and Definitions:
PARKING LOT, PARKING GARAGE, GOVERNMENT: Parking lots or garages which are
owned by a Government agency and which offer short term or long term parking to the public
for no charge or for a fee.
• Eagle City Code Section 8 -2 -3 Schedule of District Use Regulations:
LAND USES
CBD
PUBLIC /SEMIPUBLIC:
Parking Lot, Parking Garage, Government
P
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• Eagle City Code Section 8- 2A- 6(C)(4) Parking:
a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a
landscape buffer shall be provided between the parking lot and any street. Limited parking
potential in the DDA may allow for reduced parking ratios where there is access to public
or shared parking.
b. Provide on street parking along State Street, 1 st Street, 2nd Street, Idaho Street, Park Road
and Aikens Road.
c. On street parking along Eagle Road is prohibited.
d. Shared parking shall be encouraged.
• Eagle City Code Section 8- 2A- 6(C)(5)
Landscaping And Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8 -2A -7 of this article. Other streetscape and design elements shall
comply with the requirements contained within subsection G of this section.
• Eagle City Code Section 8- 2A- 6(C)(6)
Planning Considerations: In reviewing an application pursuant to this chapter, the design
review board shall give consideration to the following to determine compatibility with this
article:
a. Public Restrooms: Locations should be sought which are safe and convenient for public
use downtown. Suitable locations include public parking areas and sites adjacent to or
within private development.
b. Public Gathering Place: A public gathering place is desired to act as the hub for
community events such as the Eagle Fun Days. The public gathering place could be
defined as 1 st Street between Idaho Street and Aikens Road, and State Street between
Eagle Road and 2nd Street. However, the public gathering place may be redefined as
development progresses in the "downtown development area" and/or in the "transitional
development area" or if a more specifically defined area is adopted as a part of the city
comprehensive plan.
c. Vehicular And Pedestrian Use: Extensions of Idaho Street and Aikens Road for vehicular
and pedestrian use shall be considered.
• Eagle City Code Section 8- 2A -6(G)
Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and
number of amenities vary within the different overlay districts of the city. In areas anticipated
to have higher concentrations of pedestrian use wider sidewalks and a further varied number
of amenities are to be made available to enhance the pedestrian experience and to further
encourage the health of the business community. Examples of streetscape design and
amenities are shown within the EASD book.
At a minimum, the following specific streetscape criteria shall apply:
1. Street trees shall comply with the requirements contained in section 8 -2A -7 of this article.
Any tree located within a concrete area shall include tree grates and tree wells as depicted
on the tree well and tree grate exhibit within the EASD book. Root barriers shall be
required to limit future sidewalk damage from tree roots.
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2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlight exhibit
within the EASD book.
3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations
specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit
within the EASD book.
4. Streetlights within the DDA and TDA shall be located a maximum distance of one
hundred feet (100') apart except as specified in subsection G6 of this section. Said
streetlights are not required to be located in alignment across the street from each other.
• Eagle City Code Section 8- 2A- 6(G)(12)
Sidewalks within the DDA shall be a minimum of ten feet (10') wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a "running bond" brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having
jurisdiction. A reduced sidewalk section may be permitted if the design review board finds
that the preservation of existing trees warrants a reduction. In no case however shall the
sidewalk be reduced to less than six feet (6) in width.
• Eagle City Code Section 8- 2A -7(K) Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used
to screen parking areas (chainlink fencing shall not be permitted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along
the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (3 5)
linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30 ") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking
lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (3 5)
linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30 ") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree
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and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway
openings.
d. Provide a three foot (3) high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4) wide landscaped strip between the right of way and
the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty
five (3 5) linear feet of frontage, excluding driveway openings. (Ord. 462, 11 -11 -2003)
(1) The board may waive the requirement for a wood, brick, stone, decorative block
or concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an effective
barrier such that the landscape strip shields the view of parked cars from passing
pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area.
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.
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking
lot with ten (10) spaces and above. The required amount of landscaping is based on a
sliding scale, as follows:
I Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10-20 �5 percent
21-50 8 percent
51+ 10 percent
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5) in any dimension.
(2) No parking space shall be more than sixty feet (60') from an interior landscaped
area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as
primary plantings in interior landscaped areas. Deciduous shade trees are to be
clear branched to a height of six feet (6').
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(5) A terminal island for a single row of parking spaces shall be landscaped with at
least one tree and shrubs, ground cover, or grass. A terminal island for a double
row of parking spaces shall contain not less than two (2) trees and shrubs, ground
cover, or grass.
• Eagle City Code Section 8- 2A -7(L) Landscaped Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights
of way to lend continuity among different architectural styles, screen unsightly views,
establish a pleasing view for motorists, and create a safe and pleasant corridor for
pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade
tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2)
ornamental or two (2) evergreen trees may be substituted for one shade tree.
0 Eagle City Code Section 8 -4 -3 Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with
material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or
dirt surfaces shall not be permitted.
C. DISCUSSION:
The applicant is requesting design review approval to construct a temporary (two year) public
parking lot located on the southeast corner of West State Street and Olde Park Place.
Improvements include a temporary gravel parking surface, parking bumpers, and landscaping and
automatic irrigation. The landscaping consists of lawn, three (3) Redspire Pear trees located
approximately 10 -feet south of the sidewalk adjacent to West State Street, and a landscape planter
located on the southeast corner of West State Street and Olde Park Place.
An existing 5 -foot wide attached sidewalk adjacent to West State Street and one historic light
fixture located approximately 30 -feet east of Olde Park Place are proposed to remain. The two
driveways currently located on West State Street are proposed to be closed. Access to the site will
be provided by a 30 -foot wide driveway located on Olde Park Place approximately 60 -feet south
of West State Street. No streetscape improvements are proposed adjacent to West State Street or
Olde Park Place.
The proposed site plan has not been designed in full compliance with Eagle City Code (city code
sections relevant to this proposal are listed herein under Section B above). As indicated by the
applicant the temporary parking lot is proposed to remain for a period of two (2) years. During
that time the applicant, in cooperation with the property owner, will be marketing the property for
redevelopment. Upon redevelopment, the City will evaluate building proposal(s) in accordance
with all applicable City codes. In the meantime, however, it can be determined that the proposed
temporary improvements are a benefit to the City and justify approval because: 1) both driveway
accesses to State Street will be closed thereby minimizing vehicle and pedestrian conflicts in
proximity to the Eagle Road/State Street intersection, 2) the landscaping proposed on the site will
enhance and beautify an area in the downtown that has been determined to be deteriorated, and 3)
additional parking for downtown businesses will be provided.
• Recognizing that this is a temporary use, staff recommends the following be considered by the
Design Review Board when making their decision:
1. Time limitation for design review approval. The design review approval should be
conditioned so that it is null and void after two (2) years. Extension beyond two (2) years
should require the submittal of a new design review application.
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2. In recognition of the need for maintenance (weed and dust mitigation, pot hole repair,
landscape maintenance, etc.) the City has entered into an agreement (MOU) with the Eagle
Urban Renewal Agency to maintain the public parking lot.
3. Any change to the proposed plans should require review and approval by 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 to consider the application was held before the Design Review Board on July 9, 2015, 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 (Hash absent) to approve DR -22 -15 for a design review application to
construct a temporary public parking lot for the Eagle Urban Renewal Agency, 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. This design review approval is limited to two (2) years. Any extension shall require the submittal of a
new design review application.
2. The only use approved herein is for a temporary public parking lot.
3. A Certificate of Completion (similar to a Certificate of Occupancy) issued by the Planning and
Zoning Department is required prior to the site being opened for use. The Certificate of Completion
shall be for a maximum period of two (2) years. A Certificate of Completion certifies that all required
improvements, temporary or otherwise, have been constructed and satisfactorily completed. See site
specific condition of approval number four (4) below for a description of Zoning Certificate.
4. A Zoning Certificate is a permit for construction (similar to a building permit) and is required prior to
the commencement of any construction on -site. A Zoning Certificate certifies compliance with all site
specific conditions of approval.
5. Provide a revised a site and landscape plan showing the removal of the driveways on West State
Street. The revised site and landscape plan shall be reviewed and approved by staff and three (3)
members of the Design Review Board prior to the issuance of a zoning certificate.
6. Provide a revised site and landscape plan showing the removal of the lawn within the planter bed
located on the south side of the driveway on Olde Park Place. The revised site and landscape plan
shall show the planter bed to include low- maintenance landscaping. The revised site and landscape
plan shall be reviewed and approved by staff and three (3) members of the Design Review Board
prior to the issuance of a Zoning Certificate.
7. Provide a revised site and landscape plan showing a physical barrier such as extruded curbing
between the drive isles and the areas identified as lawn. The revised site and landscape plan shall be
reviewed and approved by staff and three (3) members of the Design Review Board prior to the
issuance of a Zoning Certificate.
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8. All areas identified as "lawn" shall be improved with sod.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the
issuance of a Zoning Certificate.
11. No signs are proposed with this application. A separate design review application is required prior to
the installation of any signs on this site.
12. Standard condition of approval number one (1) below applies, however unless otherwise specifically
required by ACHD, construction of roadway improvements on State Street and Olde Park Place shall
not be required with this temporary application. Completion of all roadway improvements are
anticipated to be completed with any future redevelopment of the site.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 a Zoning Certificate for this site.
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
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.
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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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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
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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.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. 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.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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 City Council.
21. 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 the City Council for review and approval.
22. 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.
23. 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.
24. 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.
25. 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 City Council approval date).
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26. 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.
27. 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 June 18, 2015.
2. Requests for agencies' reviews were transmitted on June 23, 2015, 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- 22 -15) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district) zoning district.
DATED this 231 day of July 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou ty, Idaho
Robert Grubb, Chairman
ATTEST:
a,. Sharon K. Bergmann, Eagle City Clerk
4. 06909
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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KAPlanning Dept\E oe Applications\Dr\20151DR -22 -15 Public Parking Area drf do