Findings - DR - 2018 - DR-13-17 MOD - Dr For A Restroom Facility Within Pamela Baker ParkBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A RESTROOM
FACILITY WITHIN PAMELA BAKER PARK
FOR C & 0 DEVELOPMENT, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -13-17 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on September 27, 2018. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
C & 0 Development, Inc., represented by James Marsh with CSHQA, is requesting design review
approval to construct a 633 -square foot restroom facility within Pamela Baker Park. The site is located
on the north side of East Colchester Drive, adjacent to Lakemoor Subdivision No. 2.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 14, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 20, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-911 R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -
acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc., (FP-13-05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
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On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification for DMB
Investments (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a modification of the preliminary plat associated with
Lakemoor Subdivision (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for B.W.
Eagle, Inc. and DMB Investments, Inc. (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for B.W.
Eagle, Inc. (FP -07-13).
On December 26, 2013, the Lakemoor Subdivision No. 4 final plat was recorded at the Ada County
Recorder's Office.
On June 13, 2014, the Lakemoor Subdivision No. 5 final plat was recorded at the Ada County
Recorder's Office.
On April 14, 2015, the City Engineer recommended approval of the Eagles Gates Drive Extension.
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments (FP -08-15).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with a development agreement, modifications
to the preliminary plat and original development agreement associated with Lakemoor Subdivision
(RZ-05-02 MOD4/RZ-03-16/PP-03-05 MOD2).
On January 12, 2017, the Design Review Board approved a design review application for the common
area landscaping, pool, and pool house within Lakemoor Subdivision No. 7 (DR -78-16).
On February 14, 2017, the City Council approved the final plat for Lakemoor Subdivision No. 6 for
DMB Development (FP -03-17).
On April 25, 2017, the City Council approved the final plat for Pamela Baker Park Subdivision for
DMB Development (FP -02-17).
On May 25, 2017, the Design Review Board approved a design review application for the parking lot
and pathway within Pamela Baker Park (DR -13-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
Existing Mixed Use
Proposed No Change
North of site Mixed Use
South of site Mixed Use
East of site
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
No Change
R -E -DA -P (Residential
Estates with a development
agreement in lieu of a PUD)
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
LAND USE
Pamela Baker Park
No Change
Single-family residences
(Coast to Coast
Subdivision)
Proposed Lakemoor
Subdivision No. 7
Not in Eagle Area of A-1 (Agricultural) Boise City's Waste Water
Impact
West of site Mixed Use
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
Treatment Facility
Single-family residences
(Lakemoor Subdivision
No. 2)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has been developed with a parking lot and pathway
for Pamela Baker Park.
I. SITE DATA:
Total Acreage of Site: 23.05 -acres
J. PARKING ANALYSIS: N/A
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 restroom facility.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 13 -foot high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed restroom facility is approximately 633 -square feet.
On and Off -Site Circulation:
On May 25, 2017, the Design Review Board approved a design review application for the trailhead
parking lot within Pamela Baker Park (DR -13-17).
L. BUILDING DESIGN FEATURES:
Roof: Asphalt Composition Shingles (charcoal)
Walls: Split face CMU (Basalite 665), Smooth face CMU (Basalite 615)
Windows/Doors: Aluminum windows (medium bronze), metal doors (medium bronze)
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Fascia/Trim: Prefinished metal (Medium bronze)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The street trees along East Colchester Drive and East Fishing Creek Drive were approved
with DR -13-17.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
N. TRASH ENCLOSURES: N/A
O. MECHANICAL UNITS: N/A
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved prior to any signs being constructed on this 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 - no
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.
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W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Flood Control District 10
Idaho Transportation Department
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:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.18 Subject to the conditions and limitations set forth herein, Owner shall provide a 23.05 acre
reconfigured park site along the eastern boundary of the Property in Area J and Area K as
generally depicted in Exhibit A2 attached hereto (hereinafter "Park Site") which Park Site is to
be owned and maintained by and at the expense of Eagle. Owner's obligations to provide said
Park Site shall be fulfilled as follows:
A. Upon the development of Areas H and I, as depicted on Exhibit A2, and/or a combination
thereof and the recordation of a final plat for any portion of Areas H and I or a combination
thereof, Owner through its Charitable Foundation shall complete certain public
improvements to the Park Site for the benefit of the public and Eagle, as follows:
1. Construct a 10 -foot wide asphalt paved pathway, approximately 4000 lineal feet to
intersect with the existing paved pathway along the south side of the south Channel of
the Boise River, as depicted on attached Exhibit Al.
2. Construct a paved "Trailhead Parking Lot" consisting of 45 spaces within the subject
Park Site, as depicted on attached Exhibit A2.
3. Construct and/or excavate approximately eight acres of ponds within the subject Park
Site, as depicted on Exhibit A2.
4. Provide utility stubs to the Park Site.
B. Upon completion of the above stated public improvements, the Owner through its
foundation will dedicate the Park Site to Eagle, which such dedication shall be subject to
the following restrictions:
1. The Park Site shall be restricted for use only as a public park and shall act as a non-
residential buffer for Boise City's waste water treatment facility and any expansions
thereof, located easterly of the Property.
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2. Dedication of the Park Site shall be subject to all reservations, restrictions and
easements established of record or by use upon the Premises. The Park Site shall not
be made subject to any restrictive covenants Owner may impose upon any other portion
of the Property.
3. Eagle shall obtain Owner's written approval for any and all improvements to be made
to the Park Site prior to the commencement of construction or installation thereof, such
approval not to be unreasonably withheld or delayed over thirty (30) days from the
date sent to Owner. Failure of the Owner to respond to the City within the 30 -day
period is deemed as approved by the Owner.
C. Owner's dedication of the Park Site shall include any and all water rights and/or water shares
or certificates evidencing the same, which are appurtenant to the Park Site, the amount or
number of which shall be calculated on a proportionate basis with the rights appurtenant to
the Property.
D. To the extent permissible under the law, Owner shall be entitled to claim any available
income tax benefits which may arise out of Owner's donation (and, if applicable,
development) of the Park Site as set forth herein, and Eagle shall cooperate with Owner in
seeking any such tax benefits.
3.20 Owner shall, as an accommodation to City, work with City to construct a public restroom in
proximity to the "Trailhead Parking Lot" located within Area "J". On or before that date which
is one (1) year from the date of execution of this Agreement by the parties, and prior to
commencement of construction thereof, Owner and City shall reach an agreement for
reimbursement of all of Owner's costs associated with its construction of the public restroom.
The public restroom shall be constructed during the development of the Park Site as more fully
set forth in Section 3.1 S, above; provided, however, that the requirements of this Section 3.20
shall not prevent, interfere with or unreasonably delay the Owner from timely commencing and
completing construction of the subdivision infrastructure and Park Site improvements otherwise
required of Owner, nor prevent, interfere with or unreasonably delay the Owner from seeking
and obtaining such permits and approvals required therefore and/or for the recordation of one
or more final plats of the Property, nor otherwise result in unreasonable delay or interference in
the completion of Owner's proposed development. The public restroom shall be dedicated to
City with the Park Site and upon dedication shall be maintained by City.
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.
D. DISCUSSION:
• The applicant is donating 23.05 -acres of land to the City of Eagle for a park to be located on the
northeast corner of East Colchester Drive and East Fishing Creek Drive adjacent to Lakemoor
Subdivision No. 2. Pursuant to the development agreement, the applicant was required to provide
a 10 -foot wide asphalt paved pathway, construct a "Trailhead Parking Lot" consisting of 45 -
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parking spaces, construct eight acres of ponds within the subject site, provide utility stubs to the
site, and to construct a public restroom facility in proximity to the "Trailhead Parking Lot". For
the purpose of this design review application, the applicant is requesting approval of the restroom
facility and adjacent sidewalks and sidewalk connections.
On May 25, 2017, the Eagle Design Review Board approved a design review application for the
parking lot, pathway, and ponds within Pamela Baker Park (DR -13-17). The parking lot and
pathway have been installed and the ponds are almost complete. The applicant is requesting
design review approval to construct a 633 -square foot restroom facility in proximity to the
"Trailhead Parking Lot". The building is to be constructed of smooth and split face CMU walls
with metal doors and aluminum framed storefront windows all painted to complement the CMU
colors. Staff defers comment regarding building design and colors to the Design Review Board.
• On August 21, 2018, the Trail and Pathways Superintendent provided comments regarding the
proposed restroom site plan with regard to ramps from the parking lot to the sidewalk proposed
around the restroom facility, the width of the sidewalk proposed adjacent to the parking lot, the
angle of the sidewalk connection to the greenbelt pathway, and the lack of bike racks. The
applicant should be required to provide a revised site plan showing handicap parking spaces
designated and striped within the existing Trailhead Parking Lot. Pedestrian ramps providing
access from the parking lot and handicap parking spaces should be provided in accordance with
ADA requirements. The revised site plan should be reviewed and approved by staff prior to the
issuance of a zoning certificate.
The site plan shows a 4 -foot wide sidewalk to be constructed adjacent to the northern 19 -parking
spaces located south and east of the proposed restroom facility and a 4 -foot wide sidewalk to be
constructed adjacent to the eastern 8 -parking spaces located west of the proposed restroom
facility. Staff recommends the proposed sidewalk be constructed to be a minimum of 6 -feet in
width in order to accommodate the bumpers of parked cars hanging over the sidewalk. The
applicant should be required to provide a revised site plan showing the sidewalk adjacent to the
northern 19 -parking spaces located south and east of the proposed restroom facility and the
sidewalk adjacent to the eastern 8 -parking spaces located west of the proposed restroom facility
to be a minimum of 6 -feet in width. The revised site plan should be reviewed and approved by
staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on September 27,
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 37:03)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed restroom facility with the site specific and standard conditions of
approval.
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BOARD DECISION:
The Board voted 5 to 0 (Brasher and Sayer absent) to recommend approval of DR -13-17 MOD for a
design review application for a restroom facility within Pamela Baker Park for C & 0 Development, Inc.,
with the following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of RZ-05-02 MOD4, PP -03-05 MOD, and FP -02-17.
2. Comply with all conditions of DR -13-17.
3. Provide a revised site plan showing handicap parking spaces designated and striped within the
existing Trailhead Parking Lot. Pedestrian ramps providing access from the parking lot and handicap
parking spaces shall be provided in accordance with ADA requirements. The revised site plan shall
be reviewed and approved by staff prior to the issuance of a zoning certificate.
4. Provide a revised site plan showing the sidewalk adjacent to the northern 19 -parking spaces located
south and east of the proposed restroom facility and the sidewalk adjacent to the eastern 8 -parking
spaces located west of the proposed restroom facility to be a minimum of 6 -feet in width. The revised
site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
5. Coordinate the angle of the sidewalk connection to the greenbelt with the Trails and Pathways
Superintendent. Provide written approval from the Trails and Pathways Superintendent prior to the
issuance of a zoning certificate.
6. Coordinate with the Eagle Public Works Director with regard to the internal construction materials,
colors, hardware, etc. to be used in the construction of the restroom facility. Provide written approval
from the Eagle Public Works Director prior to the issuance of a zoning certificate.
7. A design review application shall be submitted, reviewed, and approved for the required perimeter
landscaping, interior parking lot landscaping, and any pedestrian amenities prior to any of these
improvements being constructed.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the_property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
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.
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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
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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -13-17 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and restroom facility is permitted with the approval of a design review
application within the MU -DA (Mixed Use with a development agreement in lieu of a 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 restroom facility 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 requirement of the
development agreement associated with Pamela Baker Park Subdivision;
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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 restroom facility has been designed with quality materials and similar features utilized on
other buildings within the development and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
restroom facility has been designed with quality materials and similar features utilized on other
buildings within the development;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed restroom facility 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 residential center in the 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 nor detract from
desirable architectural features.
DATED this 11''' day of October 2018.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou{iy, Idaho
Robert Grubb, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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K ll'lanning DeptU.agle Appinc.inonr\I4%2017U)K-13-17 M01) Pamela Baker restroom laulily dr! dut•x