Findings - DR - 2023 - DR-42-17 MOD - Ashbury Business Park Subdivision - Modification To The Ashbury Business Park Subdivision No. 2 Site Plan To Recognize The Setback Along The East Property Line As A Side Setback BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MODIFICATION TO )
THE ASHBURY BUSINESS PARK SUBDIVISION )
NO.2 SITE PLAN TO RECOGNIZE THE )
SETBACK ALONG THE EAST PROPERTY LINE )
AS A SIDE SETBACK FOR FUNNEL PROP,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-42-17 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 26,2023. The Eagle 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:
Funnel Prop,LLC,represented by Jason Yates with Element Design Build,is requesting design review
approval to modify the approved site plan for Ashbury Business Park Subdivision to recognize the
setback along the east property line as a side setback.The 1.17-acre site is located on the south side of
West Bavaria Street approximately 830-feet west of North Meridian Road at 3475 West Bavaria Street
within Ashbury Commercial Subdivision(Lot 7-9,Block 1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 13,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 7, 2022, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition — Ada County designation) to MU-DA (Mixed Use with Development Agreement) for
Capital Development,Inc. (A-04-09/RZ-04-09).
On June 25,2013,the City Council approved a development agreement modification and preliminary
plat for Ashbury Subdivision a 246-lot (214-buildable, 13-commercial and 19-common) subdivision
for SCS Brighton,LLC(RZ-04-09 MOD/PP-02-13).
On March 13,2014,the Design Review Board approved the common area landscaping within Ashbury
Business Park No. 1 for SCS Brighton LLC(DR-08-14).
On March 22,2016,the Eagle City Council approved an extension of time for the final plat for Ashbury
Business Park Subdivision No. 1 (EXT-03-16).
On May 12, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Business Park No. 1 (DR-23-16).
On May 24, 2016, the Eagle City Council approved a final plat for Ashbury Subdivision No.4, a 31-
lot(24-buildable, 1-commercial,and 6-common)residential subdivision(FP-06-16).
Page 1 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf.docx
On October 24, 2017, the City Council approved a design review application for the common area
landscaping and trash enclosure within Ashbury Business Park Subdivision No. 2(DR-42-17).
On October 31, 2017, the Eagle City Council approved a final plat for Ashbury Business Park
Subdivision No. 2, a 9-lot (9-buildable, 0-common) commercial subdivision (re-subdivision Lot 2,
Block 13 of Ashbury Subdivision No. 4)(FP-19-17).
For additional property history see: CPA-09-06,A-19-06/RZ-25-06 and PP-19-06, FP-08-07, FP-01-
08, CPA-5-08&A-03-08&RZ-8-08, and FP-12-13.
E. COMPANION APPLICATIONS: DR-52-22 (Building).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood MU-DA(Mixed Use with a Vacant lots within
Residential,Residential development agreement) Ashbury Business Park
Transition Overlay
Proposed No Change No Change No Change
North of site Neighborhood MU-DA(Mixed Use with a Ashbury Subdivision
Residential development agreement)
South of site Mixed Use(Meridian TN-C (Traditional Vacant Land
designation) Neighborhood—Center—
Meridian designation)
East of site Professional MU-DA(Mixed Use with a Castlebury West Business
Office/Business Park development agreement) Park Subdivision,Deltoid
Subdivision No. 2
West of site Neighborhood MU-DA(Mixed Use with a Streamside Assisted Living
Residential,Mixed Use development agreement)and and Foxtail Subdivision
R1 Estate Residential(Ada
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, sidewalk,
parking lot,interior landscaping,and trash enclosure as part of Ashbury Business Park Subdivision No.
2.
J. SITE DATA:No Change.
Total Acreage of Site—3.71-acres
Total Number of Lots—9
Residential—0
Commercial—9
Industrial—0
Common—0
Page 2 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf.docz
K. GENERAL SITE DESIGN FEATURES:No Change.
Number and Uses of Proposed Buildings:N/A
Height and Number of Stories of Proposed Buildings:N/A
Gross Floor Area of Proposed Buildings:N/A
On and Off-Site Circulation:
A 54,192-square foot (approximately) paved parking lot provides parking for vehicles using the nine
(9)pad sites. Two twenty-four foot(24')wide shared driveways are located on the north property line
providing access to West Bavaria Street.
L. BUILDING DESIGN FEATURES: N/A
M. LANDSCAPING DESIGN:No Change.
Retention of Existing Trees and Preservation Methods: There are existing street trees along West
Bavaria Street and along West Chinden Boulevard which will be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along West Bavaria Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10%interior landscaping is required, 11%is proposed.
N. TRASH ENCLOSURES:No Change.
One(1)254-square foot trash enclosure is proposed to be located near the north property line between
the two(2) shared driveways on Bavaria Street.The enclosure is proposed to be constructed of CMU
walls with stone veneer, a concrete cap and bronze metal gates; all of which will match the materials
and colors used in the construction of the future buildings.
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 for the
approval of any signs.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Meridian Fire Department has been received by the City.The site
is located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
Page 3 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drfdocx
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.
W. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Central District Health
Department of Environmental Quality
Eagle Sewer District
Meridian Fire Department
Park,Pathway,and Recreation
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Neighborhood Residential
Suitable for single family residential.Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.Commonly
requires a transition/change in density,lot sizing,and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a
site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.1 Eagle hereby acknowledges that the bubble plan shown on the Concept Plan(Exhibit A)represents
Applicant's concept for the Property. All future development of the Property shall be generally
consistent with the Concept Plan; provided, however, it is the intent of this Agreement to allow
flexibility until such time a detailed conceptual site plan ("Conceptual Site Plan"), and
preliminary plat are submitted to Eagle so long as the general intent of the Concept Plan and the
conditions and limitations set forth in this Agreement are met. Applicant shall submit the
Page 4 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-02-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf.docx
Conceptual Site Plan outlining future phased developments as a modification to the development
agreement prior to or concurrent with a preliminary plat application. The Conceptual Site Plan
shall provide more detail, including but not limited to,location of roads within the development,
lot layout, lot dimensional standards, setbacks for the commercial and residential areas, location
and size of common areas and buffer areas.The City shall hold necessary public hearings pursuant
to Eagle City Code notice requirements to address the Conceptual Site Plan and any changes
thereafter proposed to said plan. The Conceptual Site Plan shall be in lieu of the preliminary
development plan provided Conditions of Development and the Findings of Fact and Conclusions
of Law for the development agreement modification are similar to Conditions of Development
required during the PUD and conditional use process.
C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
5. The applicant should provide a revised preliminary plat with plat note#1 revised to read, "All lot
lines common to a public right-of-way and the subdivision exterior boundary have a twelve-foot
(12') wide permanent public utility, drainage, and irrigation easement. The easement shall not
preclude the construction of hard surface driveways from the public right-of-way to each lot."The
applicant should provide a revised preliminary plat prior to submittal of a final plat application.
(ECC 9-3-6)
6. Provide a revised preliminary plat with plat not#3 revised to read,"All rear lot lines have a twelve-
foot (12') wide permanent public utility, drainage and irrigation easement." The applicant shall
provide a revised preliminary plat prior to submittal of a final plat application.
D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
LOT FRONTAGE: The front of a lot shall be construed to be the portion adjacent to the street,
except for alley load homes designed to face each other with common area pedestrian access
between fronts. In that case the front of the lot shall be the property line opposite of the alley and
adjacent to the common area pedestrian access. For the purpose of determining frontage
requirements on corner lots and through lots,all sides of a lot adjacent to streets shall be considered
frontage and yards shall be provided as indicated under"Yard"in this section.
SETBACK LINE: A line established by this title, generally parallel with and measured from the
lot line (except for front setback), defining the limits of a yard in which no building or structure
may be located aboveground except as may be provided herein.
• 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.
E. DISCUSSION:
• On October 24, 2017, the City Council approved the common area landscaping within Ashbury
Business Park No. 2 (aka Ashbury Commercial Subdivision). The site plan approved with the
common area landscaping shows nine buildable lots with the front setbacks facing the parking lot,
Page 5 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf docx
rear setbacks along the boundary of the subdivision,and centralized parking with cross access/cross
parking.
Site Plan(approved with DR-42-17)
rTf-"r"rT-,TITI -trnf•FT •1 ill'II 11 I1 1
Ij 1 I
_
.us�en I crater
�:.
ITI » u
1 ° ,i1-\a , ''•� m.Z7,,° •K s ail ,•!.. '� l j c1. -n-r7 f,_1
i II
,1 � t �. - €Cis - -_ Aq
LTT,
11
-.• I Oil
I1-...1'
t -
-
t
tI I-- C� Cr, , C ei
t _ t vs
s•
_p,
, dit__ [- -1 I ._ L 1.-. ___i__ awrwevwu®al �ti'_
On April 29,2021,the City approved a lot line adjustment to combine Lots 7, 8,and 9,Block 1,
into a single lot. There is an existing 10-foot-wide public utility,property drainage, and property
irrigation easement also shown on the record of survey.
Record of Survey for Parcel Consolidation
rL 0\\_, v T
- � �<�
vv \\' , i
Zr' rt \\ \,`\ \` -t ae --."°***�\\1. S
1� V. n �b
L f
``' -. .,c cMpcn.v m b
A 'V`
— 1 ,, eu1ra.�
Commemal
s•eaMw.4 I
�,� 1r.fY MAW ,
Page 6 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf.docx
For the purposes of this application,the applicant is requesting design review approval to modify
the approved site plan to recognize the setback along the east property line as a side setback
(12.5-feet for a two-story building)instead of a rear setback(20-feet as show on the site plan).
The requested 12.5-foot setback does not conflict with the existing 10-foot-wide easement along
the east property line.
The applicant's justification letter states that Title 8 defines lot frontage as the portion nearest the
street,the front door is facing Bavaria Street,therefore the front setback should be to the north
(adjacent to West Bavaria Street)and side setback should be to the east.
Proposed Site Plan
-t - -q
: = d
:
E
a
�
•
— is
:
o
.i
I 4 'ro
Staff defers comment regarding the site plan modification to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and 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 January 26,2023,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of recognizing the setback along the east property line as a side setback based on
the lot consolidation of three lots into one large lot, the road the lot fronts along the north, and the
orientation of the front door toward West Bavaria Street.
Page 7 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drtdoen
BOARD DECISION:
The Board voted 6 to 0(Grubb absent)to recommend approval of DR-42-17 MOD for a design review
application to modify the approved site plan for Ashbury Business Park Subdivision to recognize the
setback along the east property line as a side setback,with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added by
the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-30-13,DR-30-13 MOD, and DR-42-17.
2. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. 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.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
8. No signs are proposed with this application,and none are approved.
9. The setback along the east property line shall be recognized as a side setback. Due to the existing 10-
foot wide PUID easement, the minimum interior side setback shall be 10-feet wide for all structures
(single story)and 12.5-feet wide(two-story structures)within the Mixed Use zoning district.
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.
Page 8 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drfdocx
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.
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
Page 9 of 12
K:\Plaming Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Pfau Mod\Ashbury BP Sub No.2 Site Plan Mod drf docx
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the fmal plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
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
Page 10 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf docx
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. Use,or each use for multi-use/multi-tenant projects,shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to
submit a Zoning Permit application to the City and 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 changes the planned use of the subject property
unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in
effect at the time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date,as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-42-17 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 a site plan modification is permitted with the approval of a design review
application within the MU-DA(Mixed Use with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed modified site plan does not impact 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;
Page 11 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR-02-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drf.docx
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. 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 9th day of February 2023.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Robe rubb,Chairman
ATTEST:
Cc-11A .."44,P..<,,z.:c E %No 1:::.
Q' 2Q =
Tracy E.O rn, agle City Clcr. . / �'J <7.
,w..J � .`: O ;
' • `.' K'
Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2017\DR42-17 MOD Ashbury BP No.2 Site Plan Mod\Ashbury BP Sub No.2 Site Plan Mod drfdocx