Findings - DR - 2017 - DR-42-17 - Common Area Landscaping And Trash EnclosureBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
COMMON AREA LANDSCAPING AND
TRASH ENCLOSURE WITHIN ASHBURY
BUSINESS PARK SUBDIVISION NO. 2 FOR
SCS BRIGHTON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -42-17
The above -entitled design review application came before the Eagle Design Review Board for their action
on September 28, 2017. 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:
SCS Brighton, LLC, represented by Kameron Nauahi, is requesting design review approval for the
common area landscaping and trash enclosure within Ashbury Business Park Subdivision No. 2. The
3.71 -acre site is located on the north side of West Chinden Boulevard approximately 840 -feet west of
the intersection of North Meridian Road and West Bavaria Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 24, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 31, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved a comprehensive plan amendment from Transitional
Residential (Ada County designation) to Professional Office for a portion of this original site (CPA -
09 -06).
On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition Ada County designation) to MU -DA (Mixed Use with Development Agreement) and
preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52 -acre site is
located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at
6615 North Meridian Road (A-19-06/RZ-25-06 and PP -19-06).
On August 28, 2007, the City Council approved the fmal plat for Castlebury West Business Park No. 1
for Capital Development, Inc. (FP -08-07).
On March 11, 2008, the City Council approved the fmal plat for Castlebury Business Park No. 2 for
Capital Development, Inc. (FP -01-08).
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment
changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and
Professional Office to Commercial for the property located on the northeast corner of Linder Road and
Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is
Page 1 of 13
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drEdocx
contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban
Transition) to C -3 -DA (Highway Business District with a Development Agreement) (CPA -5-08 & A-
03-08 & RZ-8-08).
On November 25, 2009, the Eagle City Council approved a de -annexation of this property (Ordinance
614).
On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) for
Capital Development, Inc. (A-04-09/RZ-04-09).
On June 25, 2013, the City Council approved a development agreement modification and preliminary
plat for Ashbury Subdivision a 246 -lot (214 -buildable, 13 -commercial and 19 -common) subdivision
for SCS Brighton, LLC (RZ-04-09 MOD/PP-02-13).
On September 10, 2013, the City Council approved the fmal plat for Ashbury Subdivision No. 1 for
SCS Brighton, LLC (FP -12-13).
On March 13, 2014, the Design Review Board approved the common area landscaping within Ashbury
Business Park No. 1 for SCS Brighton LLC (DR -08-14).
On March 22, 2016, the Eagle City Council approved an extension of time for the fmal plat for Ashbury
Business Park Subdivision No. 1 (EXT -03-16).
On May 12, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Business Park No. 1 (DR -23-16).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Transitional Residential MU -DA (Mixed Use with a
development agreement)
Proposed No Change No Change
North of site Residential Estates
South of site Mixed Use (Meridian
designation)
East of site
MU -DA (Mixed Use with a
development agreement)
TN -C (Traditional
Neighborhood — Center —
Meridian designation)
Professional Office MU -DA (Mixed Use with a
development agreement)
West of site Transitional Residential
and Mixed Use
MU -DA (Mixed Use with a
development agreement) and
Rl Estate Residential (Ada
County designation)
LAND USE
Vacant land
No Change
Ashbury Subdivision
Vacant Land
Castlebury West Business
Park Subdivision, Deltoid
Subdivision No. 2
Proposed Streamside
Assisted Living and
Foxtail Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
Page 2 of 13
K:\Planning Dept\Eagle Applications \Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf.docx
H. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, a 5 -foot wide sidewalk, and an 8 -foot wide planter strip
with street trees and grass along West Bavaria Lane, located adjacent to the north property line.
I. SITE DATA:
Total Acreage of Site — 3.71 -acres
Total Number of Lots — 9
Residential — 0
Commercial — 9
Industrial — 0
Common — 0
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off -Site Circulation:
A 54,192 -square foot (approximately) paved parking lot provides parking for vehicles using the nine
(9) pad sites. Two twenty-four foot (24') wide shared driveways are located on the north property line
providing access to West Bavaria Street.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are existing street trees along West Bavaria Street which will be protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along West Bavaria Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 11% is proposed.
M. TRASH ENCLOSURES:
One (1) 254 -square foot trash enclosure is proposed to be located near the north property line between
the two (2) shared driveways on Bavaria Street. The enclosure is proposed to be constructed of CMU
walls with stone veneer, a concrete cap and bronze metal gates; all of which will match the materials
and colors used in the construction of the future buildings.
N. MECHANICAL UNITS: N/A
Page 3 of 13
K:\Planning Dept\Eagle Applications \Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf.docx
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
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 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 - no
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 attached to the staff report:
Andeavor (formerly Tesoro Logistics NW Pipeline)
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
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 (adopted February 10, 2015), designates this site as the
following:
Page 4 of 13
K:\Planning Dept \Eagle Applications \DA2017\DR-42-17 Ashbury BP Sub No. 2 LS drf.docx
Residential Transition
Residential development that provides for a transition of density within the planning area while keeping
in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes
in lot dimensions and scaling, see specific planning area text for a complete description.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
3.3 All commercial development within the Property shall be consistent with the Eagle Architecture
and Site Design Book. The Concept Plan shows the general nature and relative location of certain
improvements on the Property. It is the intent of this Agreement is to allow sufficient flexibility at
the time a detailed plan and platting are submitted to Eagle, while maintaining the general intent
of the Concept Plan with the requirements set forth in this Agreement.
3.7 The 110+/- acre site of the Property shall consist of approximately 107 -acres of residential use
(single-family and multi -family units) and approximately 5.0 -acres of non-residential uses as
described below.
3.7.1 Non -Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses
that complement or are ancillary to the Castlebury West Business Park and are otherwise
limited to the following uses, which may be constructed without a Conditional Use Permit:
• Banks/fmancial institutions (no drive up service)
o Beauty/Barber Shop
o Catering Service (no restaurants)
• Day Spa
• Office, business and professional
• Office, medical and professional
• Artist Studios
• Clinic
• Daycare Center
• Personal Improvement
• Home and Business services
• Laboratories
• Pharmacies and Medical Sales (no drive thru service)
• Photographic Studio
• Printing/Blueprinting
• Professional activities
• Travel Services
• Research and Development
• Research Activities
• Christmas Tree Sales (only until building on the property has begun)
• No Drive up or Drive thru services are allowed.
3.9 The Property shall comply with all parking requirements pursuant to the Eagle City Code in
effect as of the Effective Date of this Agreement unless otherwise set forth in this agreement.
3.11 Commercial Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. All building shall be
provided with architectural design elements and architectural relief in keeping with the
proposed architectural styles contained in Castlebury West Business Park.
3.11.1 All commercial structures within the Property shall be constructed utilizing architecture
consistent with the Castlebury West Business Park. All commercial development within
Page 5 of 13
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf docx
the Property shall be consistent with the Castlebury West Business Park and be
consistent with the Eagle Architecture and Site Design Book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans is required
prior to the issuance of building permits for multi -family residential and
commercial/retail buildings.
3.11.2 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns
that may arise.
C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
10. The applicant shall submit a Design Review application with a landscape plan showing the required
improvements (berming, landscaping, sidewalk, and irrigation pumphouse) within the common lots
pursuant to Eagle City Code 8-2A to be reviewed and approved by the Design Review Board prior
to the submittal of a final plat application. (ECC 8-2A-7)
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8 -2A -7(J)(2): Buffer Areas/Common Lots:
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.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a person
of average height standing on the property line of any residentially zoned parcel of land or parcel
of land used for residential purposes. The light used shall be 3000K maximum LED (or approved
equivalent) and the light fixture shall be provided with optics to direct light downward.
Page 6 of 13
K:\Planning Dept\Eagle ApplicationsDDr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf docx
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less
than five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250)
watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved
equivalent) shall be the only type of site and building lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (320) watts.
b. The light fixture shall be no higher than seventeen feet (17').
c. The design review board shall make the following fmdings prior to approving metal halide
lighting:
(1) The lighting shall be harmonious with and in accordance with the general objectives, or
with any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general vicinity
and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (as identified in the EASD book)
shall not be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
E. DISCUSSION:
• The landscape buffer adjacent to the trash enclosure located at the north perimeter of the site is
five feet (5') wide, but the proposed shrubs only reach a height of three feet (3'). Pursuant to
Eagle City Code Section 8 -2A -7(J)(2), a five foot (5') wide by six foot (6') high landscape buffer
is required. The applicant should be required to provide a revised landscape plan showing
landscaping adjacent to the trash enclosure that will reach a height of six feet (6'). The revised
landscape plan should be reviewed and approved by staff prior to submittal of a final plat
application.
• Staff defers comment regarding the common area landscaping and trash enclosure design to the
Design Review Board.
Page 7 of 13
K:\Planning Dept\Eagle Applications\Di120I7\DR-42-17 Ashbury BP Sub No. 2 LS drf.docx
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 September 28,
2017, at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 08:16)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
0 The Board affirms the site specific and standard conditions of approval presented in the staff report.
BOARD RECOMMENDATION:
The Board voted 4 to 0 (Schafer abstains, Grubb and Koci absent) to approve DR -42-17 for a design
review application for the common area landscaping and trash enclosure within Ashbury Business Park
Subdivision No. 2 for SCS Brighton, LLC, with the following staff recommended site specific conditions
of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-04-09 MOD/PP-02-13.
2. Provide a revised landscape plan showing landscaping adjacent to the trash enclosure that will reach a
height of six feet (6'). The revised landscape plan shall be reviewed and approved by staff prior to the
submittal of a fmal plat application.
3. Provide a revised detailed cut sheet for the parking lot lighting identifying the wattage of the high-
pressure sodium lighting proposed and provide a detailed cut sheet of the proposed street light
identifying the illumination type, lumen output, height, wattage, etc., for review and approval by staff
prior to the submittal of a final plat application.
4. Design Review approval is required prior to the construction of any buildings.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No signs are proposed with this application and none are approved.
10. All conditions herein shall be completed prior to submittal of a final plat application.
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.
Page 8 of 13
K:\Planning Dept\Eagle Applications \Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf docx
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 and 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
Page 9 of 13
K:\Planning Dept\Eagle Applications\Dr\201 7 \DR -42-17 Ashbury BP Sub No. 2 LS drf.docx
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 issuance of any 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 be 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 fmal plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
Page 10 of 13
K:\Planning Dept\Eagle Applications \DA2017\DR-42-17 Ashbury BP Sub No. 2 LS drf.docx
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 fmal 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 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 -42-17) 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,
Page 11 of 13
K:\Planning Dept\Eagle Applications \Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf.docx
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and common area landscaping and a trash enclosure are permitted with the
approval of a design review application within the MU -DA (Mixed Use with a development
agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed landscaping and trash enclosure is
designed to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed common area landscaping and trash enclosure have been designed with quality materials
and similar features that will be utilized on future buildings within the development and will
enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
common area landscaping and trash enclosure have been designed with quality materials and
similar features consistent with the Castlebury West Business Park that will also be utilized on
future buildings within the development required by the development agreement;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable business park subdivision area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover or detract from
desirable architectural features.
Page 12 of 13
K:\Planning Dept\Eagle Applications \Dr\2017\DR-42-17 Ashbury BP Sub No. 2 LS drf docz
DATED this 12th day of October 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Cha' an
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Page 13 of 13
K:\Planning Dept\Eagle Applications \Dr\20I 7 \DR -42-17 Ashbury BP Sub No 2 LS drf:docx