Findings - DR - 2016 - DR-35-98 MOD - Modification To Common Area Landscaping In Eagle MarketplaceBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
MODIFCATION TO THE COMMON
AREA LANDSCAPING WITHIN EAGLE
MARKETPLACE FOR ALTURAS CAPITAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -35 -98 MOD
The above - entitled design review application came before the Eagle Design Review Board for their action
on March 10, 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:
Alturas Capital, represented by Jeff Likes with ALC Architecture, is requesting design review approval
to modify the common area landscaping with Eagle Marketplace. The 5.95 -acre site is located on the
northeast corner of East Chinden Boulevard and South Eagle Road at 3210 East Chinden Boulevard
within Eagle City Marketplace.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 3, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 10, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the City Council approved a rezone with development agreement (recorded as Ada
County instrument #95062665) for this site for William Hodges (RZ -95).
On November 24, 1998, the City Council approved a conditional use permit for Eagle Country Plaza
Shopping Center for William Hodges (CU- 07 -98).
On September 18, 2001, the City Council approved a development agreement modification (recorded
as Ada County instrument #101131820) to allow the monument signage to be increased from 8 -feet to
15 -feet in height for William Hodges (RZ -95 -MOD).
On July 8, 2003, the City Council approved a development agreement modification (recorded as Ada
County instrument #103137170) to erect a monument sign to be shared with the City of Eagle, and to
allow the placement of one directional sign at each of the two entrances into the shopping center (RZ-
95 MOD2).
On April 29, 2005, William Hodges submitted a conditional use permit modification application to
allow vehicular access to /from the shopping center to enter and exit the easternmost driveway
(providing access to Chinden Boulevard via a driveway) which was required to be closed per site
specific condition of approval number 18 of the original conditional use permit. The application was
subsequently withdrawn.
On December 8, 1998, the Eagle City Council approved a conditional use permit for this site (CU -07-
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98).
On January 12, 1999, the Eagle City Council approved a design review application for a multi -tenant
commercial building and pad site for this site (DR- 35 -98).
On January 12, 1999, the Eagle City Council approved a design review application for a drug store with
drive -thru for this site (DR- 16 -98).
On April 24, 2001, the Eagle City Council approved a design review application for a bank facility with
drive -up service (DR- 65 -00).
On February 9, 2016, the Eagle City Council approved a modification to the development agreement
for the Eagle Marketplace (RZ -95 MOD3).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are three (3) buildings with associated parking and landscaping located within this development.
I. SITE DESIGN INFORMATION: No change.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No new buildings are proposed.
Height and Number of Stories of Proposed Buildings: No change.
Gross Floor Area of Proposed Buildings: No change.
On and Off -Site Circulation: No change.
K. BUILDING DESIGN FEATURES: No change.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees within this
development that they applicant is proposing to remove.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Commercial
C -2 -DA (General Business District with
Commercial Shopping
development agreement) & C -1 -DA
Center
(Neighborhood Business District with
development agreement)
Proposed
No Change
No Change
No Change
North of site
Mixed Use
R -1 (Residential)
Residences
South of site
Not in Eagle City's
Boise Designation of L -OD
Chinden Boulevard/
Area of Impact
Convenience store/Target
East of site
Mixed Use
R -1 (Residential)
Pasture for residence
West of site I
Residential One
R -1 (Residential)
Eagle Road/Residences
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are three (3) buildings with associated parking and landscaping located within this development.
I. SITE DESIGN INFORMATION: No change.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No new buildings are proposed.
Height and Number of Stories of Proposed Buildings: No change.
Gross Floor Area of Proposed Buildings: No change.
On and Off -Site Circulation: No change.
K. BUILDING DESIGN FEATURES: No change.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees within this
development that they applicant is proposing to remove.
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Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to replace the street trees along Eagle Road and Chinden
Boulevard.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: The perimeter and interior landscape areas were approved with the original
Design Review application (DR- 35 -98). None of the areas are changing, only the plant material is
changing.
M. TRASH ENCLOSURES: No change.
N. MECHANICAL UNITS: No change.
O. OUTDOOR LIGHTING: No change.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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 — see sheet R1.0, date stamped by the City on September 3, 2015.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
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
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Idaho Transportation Department
Republic Services
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 Comprehensive Plan Land Use Map designates this site as Commercial.
B. DEVELOPMENT AGREEMENT PROVISION WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 Modifications to the existing grass- covered berms located adjacent to Eagle Road and Chinden
Boulevard shall be reviewed and approved by the Design Review Board prior to any
modifications to the existing landscaping in order to ensure adequate screening is maintained.
3.3.1 All drive through uses shall be screened from the adjacent street by a minimum forty -eight
inch (48 ") buffer (measured from the drive aisle and composed of a berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall or evergreen
hedge) between the drive- through lanes and the adjacent roadway to reduce the impact of
the vehicles utilizing the drive- through lanes (i.e. vehicle headlights and vehicle cueing).
3.4 All parking lot and area lighting for the commercial development shall be contained in a
historical fixture in compliance with Eagle City Code Section 8- 4- 4 -2(A) installed on poles no
higher than fifteen feet (15') on the perimeter of the property; except that with the approval of the
Design Review Board interior poles may be as high as twenty feet (20'). All lighting fixtures
located on the north side of the building (abutting the northern property line of the commercial
development) shall be shielded.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 6(A)(2)(c)
The providing of screen plantings or other screening methods reasonably required to conceal
outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and
other unsightly developments;
• Eagle City Code Section 8- 2A -7(C) Existing Vegetation:
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 j 2x caliper of tree removed
0/4 inches to 12 inches 1.5x caliper of tree removed
12'/4 inches or more lx caliper of tree removed
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Removal of the following trees shall not require replacement: black locust, poplar,
cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded,
weak branched, suckering, damaged, diseased, insect infested, or containing similar
maladies may be exempt from replacement if removal is first approved by the city.
• Eagle City Code Section 8- 2A -7(J) Buffer Areas /Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to
differing facilities, activities, or different intensities of use, such as townhouses and a
convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six
foot (6) high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6) high
landscaped buffer is required.
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot
(6) high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a
minimum of sixty percent (60 %) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60 %) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
• 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:
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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 (35)
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 (35) 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 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 (35) 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.
• Eagle City Code Section 8- 2A- 7(K)(3):
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and
prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does
not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
• Eagle City Code Section 8- 2A -7(L) Landscape 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.
D. DISCUSSION:
On December 9, 1998, and January 12, 1999, the developer received approval of a conditional
use application and design review application (respectively) for the construction of a multi- tenant
commercial building and two separate building pads. On January 24, 2000, the developer
completed the multi -tenant commercial building and required landscaping for the site. The
Walgreens building was completed July 18, 2001, and the Key Bank building was completed
November 1, 2001. On February 9, 2016, the Eagle City Council approved a development
agreement modification to modify the conditions of development relating to landscaping, building
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design, and service facilities associated within Eagle Marketplace (RZ -95 MOD3).
The applicant is requesting a design review modification to the common area landscaping within
the Eagle Marketplace. The modifications proposed adjacent to Eagle Road and Chinden
Boulevard are being requested in order to provide more visibility of the site. The modifications
proposed internal to the site are being requested in order to give the shopping center a face lift
and update the overall development, since plant material has died, has not been maintained, and
has become over grown in most locations.
The applicant is requesting approval to remove the berm and the retaining wall along Eagle Road
and Chinden Boulevard at the southwest corner of the site from the southern driveway on Eagle
Road to the gas regulator station located on Chinden Boulevard approximately 170 -feet east of
Eagle Road. With the removal of the berm and retaining wall, all trees located in this area along
Eagle Road and Chinden Boulevard are proposed to be removed. The drive - through lane for the
Walgreens is located on the west side of the building adjacent to Eagle Road. The landscape
plan, date stamped by the City on September 3, 2015, shows forty -seven (47), 5- gallon Faulkner
Boxwood to be planted at the southwest corner of the Walgreens site to screen the drive - through
lane of the Walgreens. Pursuant to the development agreement, all drive through uses shall be
screened from the adjacent street by a minimum forty -eight inch (48 ") buffer (measured from the
drive aisle and composed of a berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall or evergreen hedge) between the drive through lanes and the
adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes (i.e.:
vehicle headlights and vehicle cueing). Staff is concerned that the proposed hedge will not screen
the headlights from the drive- through lane of the Walgreens. The elevation of the actual drive -
through closest to the building is much higher than the drive aisles located closest to the
landscaped area at the perimeter of the parking lot. The applicant should be required to provide a
cross section showing the elevation of the drive - through lane of the Walgreens drive- through in
relation to the landscaped area adjacent to Eagle Road and Chinden Boulevard. The cross section
should show the proposed plant material is a minimum of forty -eight inches (48 ") in height
measured from the drive - through of the Walgreens. The cross section should be reviewed and
approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
Sheet R1.0, date stamped by the City on September 3, 2015, shows approximately 708 -tree
caliper inches to be removed from this site. This plan shows how numerous trees are to be
retained as well. Sheet L1.0, date stamped by the City on September 3, 2015, shows how the
applicant is proposing to replant the entire development. This plan does not show 708 - caliper
inches to be replaced on -site. The applicant is proposing to replant trees in all landscape islands
where trees are requested to be removed. Trees are being planted in landscape islands where
trees have been removed and never replaced. New shrubs are proposed throughout the entire
development. Trees along Eagle Road and Chinden Boulevard are being clustered in order to
provide view corridors into the development. Pursuant to Eagle City Code, trees are to 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, replacement with an acceptable species is required as
follows:
Existing Tree
1 inch to 6 inches caliper
6' /4 inches to 12 inches
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
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121 /4 inches or more lx caliper of tree removed
Staff defers comment regarding the required tree caliper that is required to be replaced on site to
the Design Review Board.
The landscape plan, date stamped by the City on September 3, 2015, shows a few areas along
Eagle Road and Chinden Boulevard that do not show how the parking lot will be screened from
view by landscaping. Pursuant to Eagle City Code, a landscape strip is required when a parking
lot is located adjacent to a public right of way. The landscaped strip will shield views of parked
cars to passing motorist and pedestrians. Eagle City Code Section 8- 2A- 7(K)(2), provides several
option for filling the requirement of screening parking lots with landscaping. The applicant
should be required to provide a revised landscape plan showing how the parking lot will be
screened by landscaping pursuant to Eagle City Code Section 8- 2A- (K)(2)(a -d). The revised
landscape plan should be reviewed and approved by staff and two members of the Design Review
Board prior to the issuance of a zoning certificate.
• On December 10, 2015, the Eagle Design Review Board approved a modification to the master
sign plan for the Eagle Marketplace (DR -52 -99 MOD6). The approval of the modification to the
master sign plan included landscaping proposed around the base of the 25 -foot high monument
signs proposed on Eagle Road and Chinden Boulevard. The applicant should be required to
provide a revised landscape plan showing the landscaping that was approved at the base of the
25 -foot high monument signs incorporated into the subject landscape plan. The revised landscape
plan should be reviewed and approved by staff and two members of the Design Review Board
prior to the issuance of a zoning certificate.
• Staff defers comment regarding the proposed landscape modifications 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 to consider the application was held before the Design Review Board on March 10, 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).
BOARD DECISION:
The Board voted 6 to 0 (Hash absent) to approve DR -35 -98 MOD for a design review application to
modify the common area landscaping within Eagle Marketplace for Alturas Capital, with the following
staff recommended site specific conditions of approval and standard conditions of approval with
underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a cross section showing the elevation of the drive- through lane of the Walgreens drive -
through in relation to the landscaped area adjacent to Eagle Road and Chinden Boulevard. The cross
section shall show the proposed plant material is a minimum of forty -eight inches (48 ") in height
measured from the drive- through of the Walgreens. The cross section shall be reviewed and
approved by staff and two members of the Design Review Board prior to the issuance of a zoning
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certificate.
2. Provide a revised landscape plan showing how the parking lot will be screened by landscaping
pursuant to Eagle City Code Section 8- 2A- (K)(2)(a -d). The revised landscape plan shall be reviewed
and approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
3. Provide a revised landscape plan showing the landscaping that was approved at the base of the 25-
foot high monument signs incorporated into the subject landscape plan. The revised landscape plan
shall be reviewed and approved by staff and two members of the Design Review Board 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. No ground mounted mechanical units are proposed with this application and none are approved.
6. No tree mitigation is required on this site. The landscape plan date stamped by the City on
September 3, 2015, is approved.
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.
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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
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,
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1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -35 -98 MOD) 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.
In order to provide better visibility of the site, the Board determined that the applicant is not required
to mitigate the caliper inches of tree being removed from this site due to the site having been over
planted, plant material not being maintained and becoming over grown. The revised landscape plan
will provide view corridors into the shopping center while still providing screening of the drive - through
areas and parking areas.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C -2 -DA and C -1 -DA (general business district with development agreement and neighborhood
business district with development agreement) zoning district.
nA-rED this 24- day of March 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grp Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
r-;s-,E 0 * , AL_
OF iDP••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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