Findings - CC - 2018 - DR-22-18 - Design Review For A Childcare Facility Located At 207 South EchohawkBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR A CHILDCARE
FACILITY (DAYCARE CENTER) FOR
JOHN GIULIANI
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -22-18
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:
John Giuliani, represented by Mark Butler with Land Consultants, Inc., is requesting design review
approval to construct a 4,308 -square foot childcare facility (daycare center). The 0.60 -acre site is
located on the southwest corner of South Echohawk Way and East Hill Road at 207 South Echohawk
Way within Piccadilly Village Subdivision (Lot 12, Block 1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 5, 2018. Revised materials (site and
landscape plans) 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).
On May 22, 2018, the City Council approved a vacation to the final plat of Piccadilly Village
Subdivision to remove the 40 -foot setback note on Lot 12, Block 1. (VAC -01-18)
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E. COMPANION APPLICATIONS:
VAC -01-18 — Vacation of the 40 -foot wide setback line shown adjacent to the west property line of Lot
12, Block 1, Piccadilly Village Subdivision.
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 (Mixed Use with a
development agreement)
LAND USE
Vacant lot - Piccadilly
Village Subdivision
No Change
lTD right-of-way
Piccadilly Village
Subdivision — Single-
family residential
Proposed convenience
store with fuel service
Two Office Buildings
(Great Sky Estates
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:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
Front Setback
Rear Setback
Side Setback
Side Setback
PROPOSED
0.60 -acres (26,136 -square feet)
17% (approximately)
38% (approximately)
24 -parking spaces
66 -feet (South)
231/ -feet (North)
31 -feet (West) *
20 -feet (East)
REQUIRED
5,000 -square feet (minimum)
50% (maximum)
10% (minimum)
12 -parking spaces (minimum)
20 -feet (minimum)
20 -feet (minimum)
20 -feet (minimum) (per City
Council approval of VAC -01-
18)
20 -feet (minimum)
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J. PARKING ANALYSIS:
Gross Floor Area of Proposed Childcare — daycare center: 4,308 -square feet
Childcare — daycare center — 3 for each class room 3 x 4 -classrooms = 12 parking spaces
• Eagle City Code Section 8-4-5 requires 3 parking spaces per classroom but not less than 9 parking
spaces for a childcare — daycare center:
Proposed Parking Spaces: 24
Required Parking Spaces: 12 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Childcare — daycare center")
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a childcare facility (daycare
center).
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 24 -foot high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed childcare facility (daycare center) is approximately 4,308 -square feet.
On and Off -Site Circulation:
A 7,853 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 24 -foot wide shared driveway is located on the west property line that provides access to South
Wooddale Avenue. One 24 -foot wide shared driveway located on the east property line that provides
access to South Echohawk Way for emergency access only.
L. BUILDING DESIGN FEATURES:
Roof: Standing Seam Metal (Dark Bronze)
Walls: 1 x 10 Horizontal Channel Rustic (AquaFir White), Flat Metal Panels with concealed fasteners
(Truten A606)
Windows/Doors: Pella Impervia Vinyl Windows (Bronze)
Fascia/Trim: Ranchwood (Eastern), Concrete Columns and precast panels (Earthen)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along the perimeter of
the site that 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 Wooddale Avenue, South Echohawk Way, and
East 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.
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b. Interior Landscaping: 5% interior landscaping is required, 13% is proposed.
N. TRASH ENCLOSURES:
One (1) 77 -square foot trash enclosure is proposed to be located near the eastern driveway on South
Wooddale Avenue. The enclosure is proposed to be constructed of board form concrete and metal
gates.
O. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical
units are proposed to be screened by landscaping. No rooftop mechanical units are proposed and none
are approved.
P. OUTDOOR LIGHTING:
A site plan was submitted showing the parking lot lighting location, style, height, and wattage in
compliance with Eagle City Code Section 8-4-4-2.
Q. SIGNAGE:
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 sign proposed for this building
and site.
R. 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.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — along the perimeter of the site
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
W. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Andeavor (fka Tesoro Logistics NW Pipeline)
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Eagle Fire Department
Eagle Parks, Pathway, and Recreation
Flood Control District No. 10
Idaho Transportation Department
Republic Services
X. 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 November 14, 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 by
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.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THE 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(6)(B)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance. These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
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Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the building
oriented toward the road.
A waiver of this subsection B lk on metal siding may be allowed where the applicant shows that
the metal is architecturally compatible with surrounding buildings; is architecturally compatible
with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to
eliminate the stark utilitarian look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B 1 k, metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
• Eagle City Code Section 8 -2A -7(6)(B)(2): Roofs:
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
E. DISCUSSION:
• The applicant initially submitted colored, detailed building elevations, dated stamped by the City
on April 5, 2018, showing metal siding on all sides of the building. The applicant submitted
revised colored building elevations, date stamped by the City on May 2, 2018, showing the
removal of the metal siding. The new siding appears to be lap siding, however, the revised plans
do not provide specific details indicating the new material. The applicant should be required to
provide detailed building elevations showing the proposed material(s), colors, and the inclusion
of wainscoting. The detailed building elevations should be reviewed and approved by the Design
Review Board prior to the issuance of a zoning certificate.
• The building elevations, date stamped by the City on April 5, 2018, identify the roofing material
as metal, however, it is unclear if concealed fasteners will be utilized (required per ECC 8-2A-
7(6)(B)(2)(e). The applicant should be required to provide detailed building elevations/roof plans
which identify the use of concealed fasteners. The revised building elevations/roof plans should
be reviewed and approved by staff prior to the issuance of a zoning certificate.
• The application nor building plans identify exterior building lighting and no building lighting cut -
sheets were submitted with the application. If exterior building lighting is proposed, the applicant
should be required to provide detailed cut sheets (and associated photometric plan) of all exterior
light fixtures. The detailed cut sheets (and associated photometric plan) should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• Staff defers comment regarding building design and colors 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 2:44:36)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the building design, materials, and colors.
• The Board is in favor of the proposed landscaping.
• The Board is concerned with the negative accelerated weathering effects the plexi -glass will have on
the wood pergola.
• The Board is in favor of requiring open style fencing originally proposed with the application with the
addition of evergreen plantings to provide additional screening preferred by the applicant.
• The Board would like the applicant to provide revisions addressing the following:
• Building elevations that include: building lighting, gutters/downspouts, height of the proposed
wainscot material on the building.
• Color samples for the concrete material used in construction of the trash enclosure and concrete
wainscot proposed on the building.
BOARD DELIBERATION: (Granicus time — 33:00)
On May 24, 2018, upon completion of the applicant's and staff's presentation, the Board discussed during
deliberation that:
• The Board affirms the proposed material changes to the covered patio area, addition of
gutters/downspouts, proposed lighting and outdoor playground equipment.
• The Board discussed the fencing style proposed around the playground area (located near the
intersection of East Hill Road and South Wooddale Avenue). The Board determined the vinyl fencing
proposed should be approved due to it being a decorative style, semi -open style and the distance away
from East Hill Road (setback 26 -feet from the intersection of East Hill Road and South Wooddale
Avenue).
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Germano absent) to recommend approval of DR -22-18 for a design
review application for a childcare facility (daycare center) for John Giuliani, 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 -22-18 for a design review application for a childcare facility
(daycare center) for John Giuliani, 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 RZ-09-00/CU-09-00/PPUD-06-00 & PP -09-00, RZ-09-00
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MOD, RZ-09-00 MOD2 (and any subsequent modifications) and VAC -01-18.
2. Provide detailed cut sheets for all proposed playground equipment. The detailed cut sheets shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of
a certificate of occupancy.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. 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.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
10. The applicant shall provide a revised landscape plan showing the fencing style located around the
playground area to be a 6 -foot tall decorate, semi -open style vinyl fence and provide a detailed cut
sheet of the fencing. The revised landscape plan and detailed cut sheet 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
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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
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.
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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
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
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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 -22-18) 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 a childcare facility (daycare center) 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 since the site meets the required parking for a childcare
facility (daycare center);
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 building has been designed with quality materials and has been designed to 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
building is in conformance with the Eagle Architecture and Site Design Book;
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F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions;
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 commercial and residential 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.
DATED this 12th day of June 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Cit+ Clerk
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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.
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