Findings - CC - 2018 - DR-20-18 - Common Area LandscapingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN PICCADILLY VILLAGE )
SUBDIVISION NO. 2 FOR MARK BUTLER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -20-18
The above -entitled design review application came before the Eagle City Council for their action on June
12, 2018. 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:
Mark Butler is requesting design review approval of the common area landscaping within Piccadilly
Village Subdivision No. 2. The 1.75 -acre site is located on the southeast corner of North Echohawk
Lane and East Hill Road at 220 South Echohawk Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 5, 2018. Revised documents (landscape
plan) were received by the City on May 1, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 10, 2018, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, the City Council approved the findings of fact and conclusions of law for a rezone
with development agreement, conditional use permit, planned unit development, and preliminary plat
for Piccadilly Village Subdivision. (RZ-09-00/CU-09-00/PPUD-06-00 & PP -09-00)
On April 10, 2001, the City Council approved a design review application for the common area
landscaping within Piccadilly Village Subdivision. (DR -54-00)
On February 12, 2002, City Council approved a final development plan and final plat for Piccadilly
Village Subdivision. (FPUD-03-01/FP-06-01)
On December 13, 2016, the City Council approved a development agreement modification for Mark
Butler. (RZ-09-00 MOD)
On December 12, 2017, the City Council approved a second development agreement modification for
Mark Butler. (RZ-09-00 MOD2)
On February 27, 2018, the City Council approved a combined preliminary/Final Plat for Piccadilly
Village Subdivision No. 2, a 3 -lot commercial subdivision (re -subdivision of Lot 14, Block 1, Piccadilly
Village Subdivision. (PP/FP-03-17)
E. COMPANION APPLICATIONS: DR -21-18 (Hill Road Crossing master sign plan)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Mixed Use
No Change
Residential Three
Mixed Use
Commercial
Mixed Use
ZONING
DESIGNATION
MU -DA -P (Mixed Use with a
development agreement —
PUD)
No Change
MU -DA (Mixed Use with a
development agreement [in
lieu of a PUD])
MU -DA -P (Mixed Use with a
development agreement —
PUD)
C -3 -DA (Highway Business
District with a development
agreement)
MU -DA -P (Mixed Use with a
development agreement —
PUD)
LAND USE
Piccadilly Village
Subdivision No. 2
No Change
ITD right-of-way
Common lot
(Piccadilly Village
Subdivision)
Proposed convenience
store with fuel service
Vacant commercial lot and
single-family residential
dwelling (Piccadilly
Village Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, and sidewalk as part of Piccadilly Village Subdivision.
I. SITE DATA:
Total Acreage of Site — 1.75 -acres
Total Number of Lots — 3
Commercial — 3
Industrial — 0
Common — 0
Total Number of Units — 0
Total Acreage of Any Out -Parcels — 0
J. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Open Space:
This is a commercial subdivision located within the MU zoning district, therefore, a minimum amount
of open space is not required. However, a minimum of 10% of landscaping will be required throughout
the site pursuant to Eagle City Code Section 8 -2A -7(B)(2).
Storm Drainage and Flood Control:
A master storm drainage plan will be reviewed by the City Engineer prior to construction of the first
commercial building within the site. Lots are required to be graded so that all runoff runs either over
the curb, or to drainage easements, and that no runoff shall cross any lot line onto another lot except
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within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
There are currently easements located adjacent to the boundary of the subdivision that were created
when Piccadilly Village Subdivision was platted. The new subdivision will also contain a blanket public
utility and drainage easement that will be centrally located (parking area) within the proposed
subdivision.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) — not allowed
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development of
the site, any historical artifacts are discovered, state law requires immediate notification to the state.
On and Off -Site Circulation:
A 25,440 -square foot (approximately) paved parking lot provides parking for vehicles using the three
(3) lots. One thirty-eight foot (38') wide shared driveway is located on the west property line providing
access to South. Echohawk Way. A cross access/shared parking agreement will be associated with the
three (3) lots.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are mature trees on the site. 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: There are existing street trees along South Echohawk Way and Hill Road.
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.
Interior Landscaping: 10% interior landscaping is required, 5% is proposed.
M. TRASH ENCLOSURES:
One (1) 163 -square foot trash enclosure is proposed to be located near the northeast corner of Lot 21,
Block 1, Piccadilly Village Subdivision. The enclosure is proposed to be constructed of board form
concrete walls and metal gates.
N. MECHANICAL UNITS: N/A
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O. OUTDOOR LIGHTING:
A site and landscape plan and a lighting cut sheet were submitted showing the parking lot lighting
location, height, and wattage consistent with Eagle City Code 8-4-4-2.
P. SIGNAGE:
Q.
No signs are proposed with this application. A separate design review application (DR -21-18) has
been submitted for the approval of the master sign plan and monument signs proposed on this site.
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 — yes — The site contains mature trees located within the perimeter landscaping.
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 (fka Tesoro Logistics NW Pipeline)
Drainage District No. 2
Eagle Fire Department
Eagle Parks, Pathway, and Recreation
Eagle Sewer District
Flood Control District No. 10
Idaho Transportation Department
Republic Services
W. LETTERS FROM THE PUBLIC: None received to date.
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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:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site to site
basis. Uses should complement and not take away from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways, and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails, and connectivity.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6 acres
planned for commercial buildings noted in section 2.4 (Instrument #101099270).
Permitted Uses
• Horticulture(general)
• Horticulture(limited)
• Roadside Stand (temporary structure)
• Home Occupation
• Planned Unit Development
• Artist Studios
• Bed and Breakfast Facility
• Beauty/Barber Shop
• Catering Service
• Childcare Facility (Daycare Center) permitted on Lot 12, Block 1, with business hours
limited to 7:00 a.m. to 7:00 p.m. and with direct access to be located at Wooddale Avenue
and with any access at Echohawk Lane restricted to emergency access only.
• Christmas Tree Sales
• Church
• Clinic
• Communications Facilities
• Electronic Sales, Service, or Repair Shop
• Emergency Services
• Food and Beverage Sales
• Health Clubs, Spas, Weight Reduction Salons
• Home and Business Services
• Laboratories
• Office, Business and Professional
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• Office, Medical and Dental
• Nursing/Convalescent Home (Lot 14, Block 1 only)
• Parking Lot, Parking Garage
• Personal Improvement
• Personal Services
• Personal Wireless Facilities (Height 35 -feet or less)
• Photographic Studio
• Printing and/or Blueprinting
• Professional Activities
• Restaurant (no drive thru, up to 2,500 -square feet) (Lot 14, Block 1 only) — additional square
footage may be permitted if approved in writing by the Piccadilly Village Homeowner's
Association. The HOA approval shall be provided with the submittal of a design review
application.
• Limited Retail Sales (up to 8,400 -square feet)
Uses requiring a Conditional Use Permit
• Flex Space
• Mortuary
• Nursery, Plant Materials
• Industry Research and Development
• Research Activities
• Public Service Facilities
• School, Public or Private
All commercial structures shall be limited to one (1) story in height and designed with a
residential character with pitched roofs. The aesthetics and design of the commercial structures
shall be reviewed and approved by the Piccadilly Village Homeowner's Associate. Written
approval of the architectural design from the Piccadilly Village Subdivision Homeowner's
Association shall be submitted with the design review application.
C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL: None
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): Buffer Areas/Common Lots:
2. Minimum Requirements:
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
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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 -2A -7(K)(4): Parking Lot Interior Landscaping:
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5') in any dimension.
(5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree
and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall
contain not less than two (2) trees and shrubs, ground cover, or grass.
E. DISCUSSION:
• The landscape plan shows a terminal island south of the trash enclosure that is three feet (3')
wide. Eagle City Code Section 8 -2A -7(K)(4) requires all interior planters to be a minimum of five
feet (5') wide. The applicant should be required to provide a revised landscape plan showing the
terminal island south of the trash enclosure to be a minimum of five feet (5') wide. The revised
landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The landscape plan shows existing and proposed landscaping around the perimeter of the site
however, the proposed landscaping adjacent to State Highway 55 does not extend to within 9 -feet
of the edge of payment.
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Pursuant to past action by the Board and Council, the applicant should be required to extend the
landscaping adjacent to State Highway 55 to within 9 -feet of the edge of pavement as approved
by ACHD and ITD. The landscaping along the entire frontage of the site should be maintained
and kept free of weed and debris. The applicant should be required to provide a revised landscape
plan showing the buffer area adjacent State Highway 55 extended to within 9 -feet from the edge
of pavement. The 9 -feet between the landscaping and edge of pavement (along the entire
frontage) should be improved with 3/4 minus gravel (or approved equivalent) and graded in
accordance with the requirements of ITD. The revised landscape plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• Staff defers comment regarding the common area 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.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 10, 2018, at
which time the Board made their recommendation.
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).
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BOARD DELIBERATION: (Granicus time 2:02:08)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed landscape plan and additional landscaping adjacent to State
Highway 55 required within site specific condition of approval No. 3.
• The Board is concerned that one trash enclosure may not be large enough to accommodate the three
future commercial buildings, however, that will be evaluated when the design review applications for
the commercial buildings are submitted.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR -20-18 for a design review application for the
common area landscaping within Piccadilly Village Subdivision No. 2 for Mark Butler, with the site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated May 24, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 12, 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 -20-18 for a design review application for the common area
landscaping within Piccadilly Village Subdivision No. 2 for Mark Butler, with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of PP/FP-03-17.
2. Provide a revised landscape plan showing the terminal island south of the trash enclosure to be a
minimum of five feet (5') wide. The revised landscape plan shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
3. Provide a revised landscape plan showing the buffer area adjacent to State Highway 55 extended to
the bottom of the drainage swale. The buffer area shall be sod starting at the northeast corner of the
property extending the sod adjacent to Hill Road and the back of curb and sidewalk rounding the
intersection and transition to fescue south of the highway drainage scupper to the southern property
line. The revise landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
4. Provide a photometric plan for the parking lot lighting showing the lighting foot candles from the
proposed light fixture. The photometric plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a zoning certificate.
5. 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.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
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submittal.
8. No signs are proposed with this application and none are approved.
9. Provide a color sample of the concrete proposed in the construction of the trash enclosure. The color
sample shall be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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
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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 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
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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
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
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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 -20-18) 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.
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 subdivision landscaping is permitted with the approval of a design review
application within the MU -DA -P (Mixed Use with a development agreement - PUD) 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 common area 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, enhance the continuity of thematically common 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 center in the area; and
I. No signs are proposed with this application. A separate design review application (DR -21-18) has
been submitted for the building wall and monument signs for the site and will be harmonious with
the architectural design of the subdivision, and will not cover nor detract from desirable
architectural features.
Page 13 of 14
K:1Planning DeptTagle Applications\Di 20I8U)R-20-18 PKcadilly Village Sub No. 2 LS ccI docx
DATED this 12`'' day of June 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
J� 1 WA -c 0 --V- 822--0)7ry.
`Sharon K. Bergmann, Eagle City Clerk
OF G4.
Vim• o RATS;
.0 •
r •
' SAL '
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the final written decision.
Page 14 of' 14
K:\Planning Dept \Eagle Applicalions\Dr\2OIS\DR-20-l8 Piccadilly Village Sub No. 2I.5 cadocr