Findings - CC - 2018 - DR-59-17 - Installation Of Landscaping And Fencing Within Lot 49 Block 1, Coast To Coast Aka Laguna PointeBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
INSTALLATION OF LANDSCAPING AND
FENCING WITHIN LOT 49, BLOCK 1, COAST
TO COAST SUBDIVISION (AKA LAGUNA
POINTE) FOR PREMIER INDUSTRIAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -59-17
The above -entitled design review application came before the Eagle City Council for their consideration
on February 13, 2018. The Council continued the application to February 27, 2018, at which time their
decision was made. The Eagle City Council 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:
Premier Industrial, represented by Steve Peel, is requesting design review approval for the installation
of landscaping and fencing along the northern property line of Lot 49, Block 1, within Coast to Coast
Subdivision (aka Laguna Pointe). The 1.51 -acre site is located on the north side of East Riversedge
Drive approximately 85 -feet east of the intersection of State Highway 44 and East River Meadow Drive
at 112 East Riversedge Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 17, 2017. Revised materials
(landscape plan) were received by the City on January 2, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 28, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 13, 2004, the Eagle City Council approved an annexation, rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Laguna Pointe PUD (A-2-03/RZ-
2-03/CU-5-03/PPUD-1 -03/PP-3-03).
On February 8, 2005, the Eagle City Council approved a comprehensive plan amendment from
Residential Two (up to two dwelling units per acre) to Mixed Use and a development agreement
modification affecting the 9.31 -acre portion of the site located on the western side of the development
(Lots 16, 17, and 49, Block 1) (CPA -01-04 & RZ-02-03 MOD).
On June 28, 2005, the Eagle City Council approved the Laguna Pointe Subdivision design review
application (DR -30-05).
On June 20, 2006, the Eagle City Council approved a final development plan and final plat application
for Laguna Pointe Subdivision (FPUD-1-06 and FP -2-06).
On January 9, 2007, the Eagle City Council approved the Entry Feature and Monument Sign for Laguna
Pointe Subdivision (DR -109-06).
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On February 12, 2008, the Eagle City Council approved a design review sign application modifying
the entry signage for Laguna Pointe Subdivision (DR -109-06 MOD).
On July 9, 2013, the Eagle City Council approved a second development agreement modification
application to allow residential units to be constructed on Lots 16 and 17, Block 1 (RZ-02-03 MOD2).
On December 11, 2014, the Eagle Design Review Board approved a design review application to
modify the landscaping at the entrance to Laguna Pointe Subdivision (DR -30-05 MOD).
On January 27, 2015, the Eagle City Council approved an appeal of DR -30-05 MOD for a design review
application to modify the landscaping at the entrance to Laguna Pointe Subdivision (AA-01-15/DR-30-
05 MOD).
On May 9, 2017, the Eagle City Council approved a development agreement modification application
to modify the commercial uses and building size permitted on Lot 49, Block 1 (RZ-02-03 MOD3).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Neighborhood with
Regional Open Space
Overlay
Proposed No Change
North of site Neighborhood
Neighborhood with
Regional Open Space
overlay
South of site Neighborhood with
Regional Open Space
overlay
Mixed Use
East of site
Neighborhood with
Regional Open Space
overlay
ZONING LAND USE
DESIGNATION
MU -DA (Mixed Use with a
development agreement)
No Change
R -2-P (Residential PUD)
Vacant Parcel
No Change
South Channel of Boise
River & Island Woods
Subdivision
R -2 -DA -P (Residential with a Single-family residential
development agreement, (Laguna Pointe
PUD) Subdivision)
R -2 -DA -P (Residential with a
development agreement,
PUD)
Single-family residential
(Laguna Pointe
Subdivision)
West of site Neighborhood MU -DA (Mixed Use with a South Eagle Road
development agreement)
Mixed Use
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has mature trees along the north and east perimeter of the site and has been developed with
curb, gutter, sidewalk, and street trees as part of Coast to Coast Subdivision.
I. SITE DATA:
Total Acreage of Site — 1.51 -acres
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Total Number of Lots - 1
Residential - 0
Commercial 1
Industrial -- 0
Common -- 0
Total Acreage of Any Out -Parcels 0
J. GENERAL SITE DESIGN FEATURES: N/A
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along the north and east
perimeter of the site and street trees adjacent to East Riversedge Drive. All existing trees 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: Existing street trees are along East Riversedge Drive
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of signs proposed on the site.
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 yes, adjacent to the Boise River
Floodplain - yes, located within the floodway and 100/500 year floodplain
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - yes, adjacent to the Boise River
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Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - yes, adjacent to the Boise River
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)
Eagle Fire Department
Eagle Parks and Recreation Director
Idaho Transportation Department
Republic Services
W. LETTERS FROM TI IE 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 November 15, 2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Regional Open Space Overlay
Open space should be designed to capitalize on and expand the open space area around natural features
and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources --
floodways and floodplains (including riparian and wetland areas), slopes in excess of 25%, locally
significant features, and scenic viewpoints. Fragmentation of open space areas should be minimized so
that resource areas are able to be managed and viewed as an integrated network. Open space areas
within the Foothills and along Dry Creek and the Boise River should be designed to function as part of
a larger regional open space network. Where possible, open space should be located to be contiguous
to public lands and existing open space areas.
B. DEVELOPMENT AGREEMENT CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a building permit.
3.3 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the
Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur or be required. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a public
hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided
as may be required by the City.
3.4 Lot 49, Block 1, shall be permitted a maximum of 16,000 square feet of commercial building
area, which may include up to two, two (2) story structures. Notwithstanding the foregoing, upon
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development, the site shall comply in all respects with the minimum parking requirements
identified within Eagle City Code Title 8 Chapter 4.
3.6 The City is permitted to construct an access point from East Riversedge Drive to Lot 49, Block 1,
in accordance with all requirements of the Ada County Highway District for public vehicle access
to the temporary parking area located on Lot 49, Block 1. The City shall coordinate the location
of the access point with Owner prior to construction.
3.7 The City is permitted to construct a gravel parking area to accommodate eight (8) temporary
parking spaces for public parking upon Lot 49, Block 1, for access to the Boise River and the
public pathway along the river. The City shall coordinate the location of the parking spaces upon
Lot 49 with Owner prior to construction. The City and Owner agree that the eight (8) temporary
parking spaces will be replaced by four (4) exclusive river/pathway access paved parking spaces
upon development of the commercial use on Lot 49. The Owner will be responsible for the
construction of the four (4) exclusive river/pathway access paved parking spaces with
development of Lot 49. The Owner agrees to coordinate the location of the four (4) exclusive
river/pathway access paved parking spaces with the City during the design review application
process for the development of Lot 49.
C. 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 Section8-2A-6(A): General Objectives and Considerations:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
b. The impact and effect of the site development plan on traffic conditions on contiguous streets
and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle
traffic patterns;
g. The required driver, pedestrian and bicycle sight distance requirements of the project and
their relationship to adjacent streets, driveways and properties;
i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion and
conflicts;
1. The provision of safe pedestrian and bicycle connections between neighborhoods and
commercial areas.
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties through
the proper use of screening with sound and sight buffers, and unsightly areas shall be concealed
or screened and the design review board shall consider:
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a. The location, height, and materials of walls, fences, hedges and screen plantings to ensure
harmony with adjacent development;
b. The location and type of new plantings, with due regard to preservation of specimen and
landmark trees, and to maintenance of all plantings;
e. The design and use of open spaces and parks; and
f. The permanent maintenance of all landscaped areas and fencing.
D. DISCUSSION:
• Per the applicant's justification letter, this design review application is for the proposed
landscaping along the northern portion of the site. No building or parking improvements are
proposed at this time. The purpose of the landscape screening and fencing adjacent to the
greenbelt is to direct foot traffic to an existing sidewalk system adjacent to East Riversedge Drive
and East River Meadow Drive to access the greenbelt pathway.
Access to the greenbelt pathway is shown in the exhibit below.
• The landscaping proposed may conflict with future site development. In the event the landscaping
proposed within this application is modified to accommodate commercial buildings or permanent
parking spaces, the applicant should be responsible for required mitigation or relocation of all
existing landscaping. Proposed mitigation and/or relocation of all existing landscaping should be
reviewed and approved by the Design Review Board prior to the issuance of any building
permits.
A separate design review application is required to be submitted for any commercial buildings,
proposed parking, and required landscaping for the commercial site prior to the issuance of any
building permits.
• Staff defers comment regarding the site landscaping 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.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 11, 2018,
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 1:09:20)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed landscaping adjacent to the pathway.
• The Board recommends that when the applicant submits an application for any commercial buildings
on the site that they also propose direct access to the greenbelt for the benefit of the public and patrons
of the commercial buildings.
BOARD RECOMMENDATION:
The Board voted 7 to 0 to approve DR -59-17 for a design review application for the installation of
landscaping and fencing within Lot 49, Block 1, Coast to Coast Subdivision (aka Laguna Pointe) for
Premier Industrial, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board.
PUBLIC MEETING OF TILE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 13, 2018, at which
time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -59-17 for a design review application for installation of
landscaping and fencing within Lot 49, Block 1, Coast to Coast Subdivision (aka Laguna Pointe) for
Premier Industrial, with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval with text shown with underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-02-03 MOD3.
2. In the event the landscaping proposed within this application is modified to accommodate commercial
buildings or permanent parking spaces, the applicant shall be responsible for required mitigation
and/or relocation of all existing landscaping. Proposed mitigation or relocation of all existing
landscaping shall be reviewed and approved by the Design Review Board prior to issuance of any
building permits.
3. A separate design review application is required for all proposed commercial buildings, landscaping,
and parking improvements prior to the issuance of any building permits.
4. No signs are proposed with this application and none are approved.
5. Provide a revised fence/gate detail showing the inclusion of a latching mechanism to assure the gate
remains open (180 -degrees from closed) when open. The revised fence/gate detail shall be reviewed
and approved by staff and two members of the Design Review Board prior to installation of the fence.
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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 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.
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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 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 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
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river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from 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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR -59-17) 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,
concludes that the proposed design review application is in accordance with the Eagle City Code and
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the Eagle Comprehensive Plan.
2. The Council 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 landscaping is 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 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 - Not applicable for a landscape plan;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, will enhance the continuity of thematically common landscape architectural
features;
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 Not applicable for
a landscape plan;
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 Not applicable for a
landscape plan;
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 residential and commercial 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.
DATED this 27th day of February 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Ci Clerk
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