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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- Page 1 of 12 KAPlanning DeptlEagle ApplicationADA1998\1311-35 -98 MOD Eagle City Marketplace drf.docx 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. Page 2 of 12 KAPlanning Dept\Eagle Applicati— DA199MDR -35 -98 MOD Eagle City Marketplace drf docx 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. Page 2 of 12 KAPlanning Dept\Eagle Applicati— DA199MDR -35 -98 MOD Eagle City Marketplace drf docx 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 Page 3 of 12 KAPlanning Dept\Eagle Applications\Dr\1998\DR -35 -98 MOD Eagle City Marketplace drl:docx 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 Page 4 of 12 KAPlanning Dept\Eagle Applicatio \Dr\1998\DR -35 -98 MOD Eagle City Marketplace drf.docz 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: Page 5 of 12 KAPlanning DepiXEagle ApplicationADA19981DR -35 -98 MOD Eagle City Marketplace drfdocx 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 Page 6 of 12 KAPlanning Dept\Eagle Applicati— kDA199MDR -35 -98 MOD Eagle City Marketplace drf.docx 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 Page 7 of 12 KAPlanning Dept\Eagle Applicati— ADA199MDR -35 -98 MOD Eagle City Marketplacc drf.docx 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 Page 8 of 12 KAPlanning Dept\Eagle Applications\Dr\I998\DR -35 -98 MOD Eagle City Marketplace drf.docx 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. Page 9 of 12 KA\Planning Dept\Eagle Applications\Dr\1998\DR -35 -98 MOD Eagle City Marketplace drfdocx 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, Page 10 of 12 KAPlanning Dept\Eagle ApplicatiortADA199RDR -35 -98 MOD Eagle City Marketplace drtdocx 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 Page 11 of 12 KAPlanning Dept\Eagle Applications\Dr\1998\DR -35 -98 MOD Eagle City Marketplace drf.docx 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 Page 12 of 12 KAPIann,ng DeptNEaglc App1tcattom\DA1998\DR-35 -98 MOD Eagle City Marketplace drfdocx