Findings - DR - 2016 - DR-62-15 - 8 Single Family Dwelling Units Located In Central Business DistrictBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR EIGHT SINGLE )
FAMILY DWELLING UNITS LOCATED WITHIN )
THE CENTRAL BUSINESS DISTRICT FOR )
PARADIGM CONSTRUCTION COMPANY, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -62 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on January 14, 2016. 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:
Paradigm Construction Company, LLC, represented by Matt Knickrehm, is requesting design
review approval to construct eight (8) single family dwelling units with four (4) detached garages
within the Central Business District. The 0.49 -acre site is located on the north side of East Idaho
Street approximately 260 -feet east of the intersection of North 2nd Street and East Idaho Street at
348 East Idaho Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 18, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 14, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 12, 1994, the Eagle City Council approved a lot spilt for Steve Kioukis (LS- 00 -94).
On November 10, 2015, the Eagle City Council approve a conditional use permit to construct eight
(8) single - family dwelling units within the CBD (CU- 07 -15).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: The properties are located within the Transitional
Development Area (TDA) overlay district.
H. EXISTING SITE CHARACTERISTICS: The site consists of two (2) vacant lots.
I. SITE DESIGN INFORMATION:
Site Data
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Downtown
CBD (Central Business District)
Vacant Parcels
Proposed
No Change
No Change
Eight (8) Single - Family
Dwelling Units
North of site
Downtown
R -4 (Residential)
Single - Family Residential
(Eagle Village Subdivision
No. 2)
South of site
Downtown
CBD (Central Business District)
Eagle Senior Center
East of site
Downtown
CBD (Central Business District)
First Baptist Church
West of site
Downtown
CBD (Central Business District)
Office
G. DESIGN REVIEW OVERLAY DISTRICT: The properties are located within the Transitional
Development Area (TDA) overlay district.
H. EXISTING SITE CHARACTERISTICS: The site consists of two (2) vacant lots.
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
0.49 -acres
500- square feet (minimum)
Percentage of Site Devoted to
Building Coverage
30% (approximately)
20% (minimum)*
85% (maximum)*
Percentage of Site Devoted to
Landscaping
30% (approximately)
10% (minimum)
Number of Parking Spaces
16- parking spaces
Two (2) (including one [1]
covered) /unit Total: 16
Front Setback
15 -feet ( south)(western two dwellings)
5 -feet (south)(eastern two dwellings)
10 -feet (minimum)*
25 -feet (maximum)*
Rear Setback
5 -feet (north)
0 -feet (minimum)
Side Setback
5 -feet (west)
10 -feet (maximum)
Side Setback
5 -feet (east)
0 -feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct four (4) two (2) story single - family dwellings with four (4)
detached garages with second story guest suites.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing to construct an approximately twenty -six foot (26') high, two -story
structure and a twenty -four foot (24') high two -story detached garage with a guest suite.
Gross Floor Area of Proposed Buildings:
The proposed single - family dwelling units are approximately 1,619 - square feet. The detached
garages are 508- square feet in size with a guest suite located above the garage.
On and Off -Site Circulation:
The applicant is proposing to construct two (2) 16 -foot wide driveways onto Idaho Street to
provide access to the site.
K. BUILDING DESIGN FEATURES:
Roof: Architectural Shingle (Charcoal Black)
Walls: Hardy type - Lap, Board and Batt (Red, Sand, Sage,
Stone (Creative Mines, Timberwolf)
Windows/Doors: Windows (Almond), Doors (Wood)
Fascia/Trim: Bronze or Almond fascia.
L. LANDSCAPING DESIGN:
Wicker, Clay), Shake (Gray and Sand),
Retention of Existing Trees and Preservation Methods: There are existing trees located adjacent to
the eastern property line. The applicant is proposing to retain all the healthy trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The site plan shows street tree locations; however, the landscape plan does not show
street trees within the streetscape.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
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the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
No preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — several mature trees located adjacent to the eastern property line.
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Department of Environmental Quality
Idaho Transportation Department
Tesoro Logistics NW Pipeline
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 site is designated as Downtown on the Comprehensive Plan Land Use Map.
Chapter 6 — Land Use
6.3.12 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 Pedestrian
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friendly uses and developments are encouraged. Land within this district is the only place to
utilize CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use, Residential, Commercial and Professional Office.
B. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The applicant shall submit a design review application for the site showing all required
improvements including but not limited to a minimum ten -foot (10') wide sidewalk, street trees,
and historic street lights along East Idaho Street designed in accordance with Eagle City Code
Section 8- 2A -6(G) and as shown in the Eagle Architecture and Site Design Book (EASD book).
The design review application shall be reviewed and approved prior to the issuance of a zoning
certificate.
• All site lighting shall be shielded to direct all light downward and not project horizontally onto any
public right of way, private street, or onto the property line of any residentially zoned parcel of
land or parcel of land used for residential purposes. All lights shall be approved as to location,
design, and intensity by the Design Review Board.
All buildings shall be designed in compliance with Eagle City Code Section 8 -2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD book).
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code, Section 8 -1 -2 defines Dwelling Unit as:
DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or
rooms and storage closets, as well as space and equipment for cooking, bathing and toilet
facilities, all used by only one family and its household employees.
• Eagle City Code, Section 8 -1 -2 defines Dwelling, Single - Family as:
A dwelling consisting of a single dwelling unit only, separated from other dwelling units by
open space. This classification includes manufactured homes and any home in which eight (8)
or fewer supervised unrelated mentally and/or physically handicapped or elderly persons
reside.
• Eagle City Code, Section 8 -2 -1 CBD Central Business District:
To permit the establishment of areas for commercial uses allowed in other commercial zones
and commercial uses which are more intensive than those permitted in other commercial
zones. Uses that complement rather than compete with the uses allowed within the CBD
zoning district shall be encouraged.
• Eagle City Code, Section 8 -2 -3 states in part that single - family (new) located within a CBD
(Central Business District) zoning district requires the approval of a conditional use permit.
• Eagle City Code, Section 8- 2A -6(D) Transitional Development Area: TDA.
Transitional Development Area: TDA shown on exhibit A -1 within the EASD book.
1. Purpose: To serve as an area of future expansion to the central business district as market
demands grow and to provide an area to accommodate public parking and service to the
central business district.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set
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forth below conflict with section 8 -2 -4 of this chapter, the setback requirements below
shall control:
a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
5. Landscaping And Streetscape: All landscaping shall comply with the landscaping
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, 8 -2A -6 (G) Streetseape:
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.
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.
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 streetlamp 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.
13. Sidewalks within the TDA shall be a minimum of ten feet (10) wide and shall abut the
curb or shall be a minimum of eight feet (8') wide with a ten foot (10) wide landscape
strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is
utilized it shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth 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(1V1)(2)
In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (3 5) linear
feet of street frontage.
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• Eagle City Code Section 8 -4 -5 Schedule of Parking Requirements:
Single - family dwelling (lots less than 15,000 square feet) 2 including 1 covered
D. DISCUSSION:
The applicant is requesting design review approval to construct eight (8) single- family dwellings
with detached garages on two (2) separate parcels. Each garage will have a second story guest
suite with separate utilities. Pursuant to the approval of the conditional use permit, the applicant is
to design the buildings to be in compliance with the EASD book. The buildings have been design
to comply with the Craftsman style of architecture with a bungalow style. Each dwelling unit will
have a covered front porch with proportional square columns. Lap, Board and Batten hardy siding
are proposed with stone veneer to be used as column bases and wainscoting. Low pitched gable
roofs with decorative braces and corbels are to be utilized. Staff defers comment regarding
building design and colors to the Design Review Board.
The site plan sheet Al. 1, date stamped by the City on November 18, 2015, generally shows the
typical streetscape (i.e.: 10 -foot wide sidewalk, brick pattern, street trees, street lights) adjacent to
Idaho Street. However, the landscape plan sheet L1.01, date stamped by the City on November
18, 2015, doesn't show these improvements adjacent to Idaho Street. Pursuant to Eagle City
Code, the streetscape is required to have street trees planted every 35 -feet within tree wells with
tree grates and street lights every 100 - linear feet. The 10 -foot wide sidewalk is to be constructed
pursuant to the specification specified within the EASD book. The applicant should be required to
provide revised site and landscape plans showing street trees planted every 35 -feet within tree
wells with tree grates, street lights every 100 - linear feet, and the 10 -foot wide sidewalk constructed
in accordance with the specification specified within the EASD book. The revised site and
landscape plans should be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
Each of the detached garages has a man door located on the side that provides access to the
enclosed garages. The site plan and landscape plan do not show access to these doors from the
driveways. The applicant should be required to provide a revise site and landscape plan providing
a walkable surface from the driveway to each of the man doors associated with the enclosed
garages. The revised site and landscape plans should be reviewed and approved by staff prior to
the issuance of a zoning certificate.
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 January 14, 2016,
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).
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BOARD DECISION:
The Board voted 4 to 0 (Grubb, Sayer, and Martin absent) to approve DR -24 -06 for a design
review application to construct eight single family dwelling units for Paradigm Construction
Company, LLC, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of CU- 07 -15.
2. Provide revised site and landscape plans showing street trees planted every 35 -feet within tree wells
with tree grates, street lights every 100 - linear feet, and the 10 -foot wide sidewalk constructed in
accordance with the specification specified within the EASD book. The revised site and landscape
plans shall be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
3. Provide a revise site and landscape plan providing a walkable surface from the driveway to each of the
man doors associated with the enclosed garages. The revised site and landscape plans shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
7. No signs are proposed with this application and none are approved.
8. Provide a revised landscape plan showing: the location and species of existing trees and the
landscaping proposed between the garages. The revised landscape plan shall be reviewed and
approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning
certificate.
9. Provide revised elevations showing the finished material (i.e.: shake, board and batt, lap siding)
proposed on the front structures to be installed on the garage structures. The revised elevation plans
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
10. Provide revised construction documents indicating the two distinct elevation types as indicated in the
colored rendering date stamped by the City on November 18, 2015. The revised construction
document shall be reviewed and approved b staff taff prior to the issuance of a zoning certificate.
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.
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4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
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
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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
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
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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).
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 November 18, 2015.
2. Requests for agencies' reviews were transmitted on December 14, 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- 62 -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.
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K .Phoning DepAFagle Applications\DA20MDR62 -15 Idaho Street Project drEd— doe
DATED this 28t` day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Ro rubb, Chairman
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ATTEST:
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Gr�¢ �--
-� Oro••'
�''•.,rTA7'E OF
Sharon K. Bergman n, Eagle City C rk
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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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K.\Pl"ng Dept\Eagle ApplicationADA2015\13R -62 -15 Idaho Street Project drfdo —doc