Findings - CC - 2023 - DR-45-02 MOD2 - Design Review For A Modification To The Streetscape In Front Of An Existing Office/Residential Building, Including Removal Of Existing Trees BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MODIFICATION )
TO THE STREETSCAPE IN FRONT OF AN )
EXISTING OFFICE/RESIDENTIAL BUILDING, )
INCLUDING REMOVAL OF EXISTING TREES )
FOR YESTERDAY PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-45-02 MOD2
The above-entitled design review application came before the Eagle City Council for their action on
February 14,2023. 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:
Yesterday Properties, LLC, represented by Shawn Nickel, is requesting design review approval to
modify the streetscape in front of the commercial/residential building by removing existing trees. The
0.17-acre site is located on the east side of North 2nd Street approximately 150-feet north of East State
Street at 148 North 2nd Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 3,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on May 18,2022, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 10, 2002, the Design Review Board approved a design review application to convert a
residence into an office and to construct an addition for an office with a residence located on the second
floor for Yesterday Properties,LLC(DR-45-02).
On February 26, 2019, the City Council approved a design review application to modify the
office/residential building by adding a building addition and converting the covered parking area into
a garage(DR-45-02 MOD).
E. COMPANION APPLICATIONS:None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD(Central Business Residence with Office
District)
Proposed No Change No Change No Change
North of site Central Business District CBD(Central Business Residential Home
District)
South of site Central Business District CBD(Central Business Office Building
District)
East of site Central Business District CBD(Central Business City of Eagle Senior
District) Community Center
West o F site Central Business District CBD(Central Business Retail/Residential Building
District)
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the DDA(Downtown Development Area)overlay district.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
There is an existing 1,688-square foot office with a 1,234-square foot residence on the second floor.
The site has been developed with curb,gutter, and sidewalk along North 2nd Street.
J. SITE DATA:No Change.
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.17-acres(7,405-SF) N/A
Percentage of Site Devoted 30%(approximately) 20%(maximum)
to Building Coverage 85%(maximum)
Percentage of Site Devoted 14.7%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 7-parking spaces 6-spaces(minimum)
Front Setback 5-feet(west) 0-feet(minimum)*
Rear Setback 39-feet(east) 0-feet(minimum)*
Side Setback 3.5-feet(north) 0-feet(minimum)*
Side Setback 3.5-feet(north) 0-feet(minimum)*
*Note:Setbacks and lot coverage when located within the DDA Overlay District.
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K. PARKING ANALYSIS:No Change.
Gross Floor Area of Proposed Residence/Office:
Office, business and professional— 1/250-square feet: Office = 1,688-square feet = 7 parking spaces
required.
Apartment(2 bedroom)=2 parking spaces including 1 covered,plus 0.25 spaces per unit shall be
provided for guest parking=2.25 parking spaces required.
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet for an office, business
and professional.
• Eagle City Code Section 8-4-5 requires 2 parking spaces, including 1 covered, plus 0.25 spaces per
unit shall be provided for guest parking.
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements
Parking space requirement shall be reduced by fifty(50%)for all nonresidential uses and adjacent
on street parking shall be included in the minimum requirement.
Proposed Parking Spaces: 7(including 1 covered parking space for the apartment)
Required Parking Spaces: 6 (calculated based upon the above uses identified in Eagle City Code
Section 8-4-5).
L. GENERAL SITE DESIGN FEATURES:No Change.
Number and Uses of Proposed Buildings:
One building to be used as an office with a residence on the second floor.
Height and Number of Stories of Proposed Buildings: 27-feet,two stories.
Gross Floor Area of Proposed Buildings: 2,922-sqaure feet.
On and Off-Site Circulation:
A 2,840-square foot(approx.)paved parking lot provides parking for vehicles using this site. One 20-
foot wide driveway is proposed to be located on the south side of this site adjacent to the east property
line providing access to the vacated alley abutting the south property line of this site which provides
access to 2nd Street.
M. BUILDING DESIGN FEATURES:No Change.
Roof: Asphalt Shingles(Tan)
Walls: Lap siding(Pewter Cast)
Windows/Doors: Vinyl Windows with grids (Extra White), Metal Doors with glass panels with grids
(Dress Blues)
Fascia/Trim: Hardboard(Fascia—Dress Blues; Trim—Extra White)
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N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are seven existing trees on the site. All
the trees are to remain,with the exception of the two trees located along North 2nd Street.
Tree Specie Caliper/ Condition Remove/ Replacement
Height Retained Inches/Feet per
ECC
Blue Atlas Cedar 13' Good Retain 0'
Blue Atlas Cedar 13' Good Retain 0'
Blue Atlas Cedar 13' Good Retain 0'
Maple 3" Good Retain 0'
Maple 3" Good Retain 0"
Willow 58" Poor health,trunk rot,and poor Remove 0"
structure
Catalpa 34" Poor health and topped Remove 34"
Total caliper inches/feet of trees required to be replaced on site TBD by the Design
Review Board and
City Council
Total caliper inches proposed for mitigation 0"
Tree Replacement Calculations:
The applicant is proposing to remove two existing trees from the site that are located within the right
of way of North 2nd Street, have been topped by overhead powerlines, and have poor structure. The
species and size of the trees are identified on the landscape plan on Sheet L1.0 and within the arborist
report provided by Forest Management Inc. as a 58-inch Willow tree and a 34-inch Catalpa tree. The
applicant is not proposing to mitigate the caliper inches of either of these trees being removed from the
site. See discussion on page 10 for more information.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Two 3-inch caliper Forest Green Oak trees are proposed to be installed within the
streetscape along North 2nd Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:No Change.
a. Perimeter Landscaping:
A 5-foot wide landscape strip has been proposed between the proposed parking lot and the north
property line. A 17 '/2-foot wide landscape strip has been proposed between the parking lot and
the alley to the south with the exception of the compact parking space which provides 2 Y2-feet
between the parking lot and the alley to the south. No perimeter landscaping has been proposed
on the east property line.
b. Interior Landscaping: 0% interior landscaping is required, 0%is proposed.
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O. TRASH ENCLOSURES:No Change.
The applicant is proposing to use the existing trash enclosure that was constructed with the parking
lot improvements for the development to the south of this site.
P. MECHANICAL UNITS:No Change.
The applicant is proposing to use ground mounted mechanical units to be located on the north side of
the building. Per the application,the ground mounted mechanical units are proposed to be screened
with landscaping and fencing. The fencing to be used to screen the ground mounted mechanical units
has not been specified with this application nor has it been shown on the submitted elevation plans.
Q. OUTDOOR LIGHTING:No Change.
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.
R. SIGNAGE:No Change.
No signs are proposed with this application. A separate design review application(DR-3 1-16)has been
submitted for the approval of signs proposed on this building and on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle 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.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
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Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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;
d. Will not interfere with the visual character,quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
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;
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 center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi-public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
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Residential only development should be discouraged.Land within this district is the only place to utilize
the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential,Commercial and Professional Office.
6.17.3 Olde Towne Planning Area
Olde Towne Eagle should maintain the quaint feel of a traditional town center;as the active
community center and community gathering place for the City. The character of Olde Towne is
generally defined by its pedestrian-scale(attached sidewalks, store fronts with large windows at the
sidewalk,and open space amenities),ensuring context sensitive design complementing the most
significant historic structures. A traditional mix of retail,residential,office,and public uses is to be
maintained. State Street should be the focus for the highest intensity of uses in the area(See Figure
6.21).
Map 6.23 Olde Towne Planning Area
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Figure 6.21: Olde Towne land Uses
General Guide to Old Towne to Land Use Mixture
Regimai Retail
u«u uuI
High Density
woos.Scale'M Ada county
Residential
Nib Density j
Enipiasnt
4.6 Stories
Genera} , ,,,, . . , j,
C ommmercial Si
M dumtFiigh Retail
D entity Residential =..,
r Mixed
Div aprt*t1
Neighborhood I Employment
Retail Sr Services ! 3-4 Stories
y t y.QQt44.006 Sq it
r:;
4-i3 Units per acre
-, /
Local i
Low Density
Low Density SupportfRout que i Office
Residendal tame mark
The higtrltghteduses above represent the combined uses that are appropriate inthe Old Towne Area
specific applicability wiN be dependent upon the mixture of uses ident died intlie subareatext of this plan.
The partial inclusion of a land use indicates a limed potential/opportunity for that land use in the area.
A.Enhance Olde Towne's visibility and its iconic imagery as the heart of the City, it is important that
Old Towne be easily identified and leave a very positive impression on everyone who sees it. It
should look like a place in which one wants to explore, linger,work,and live.
H. Land uses in the Olde Towne area should promote mixed use with retail and commercial
on the first floor and office and residential uses on upper floors.
M. Walkability in the Olde Towne should focus on the historical grid and attached sidewalk system
that provides connectivity throughout the Olde Towne area
B. 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.
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• Eagle City Code Section 8-2A-3: Effects of Other Provisions:
If any provision of this article is found to be in conflict with any other provision of any Zoning,
Building,Fire Safety or Health Ordinance or other provision of this Code,the provision which
establishes the higher and/or more restrictive design standard shall prevail. However, in order to
foster rehabilitation of older districts and comply with unforeseen future needs of the overlay
districts,the City Council may,at their discretion, suspend or relax some or all requirements
found in this article, if the City Council determines a particular site, setting,or use to have special
and/or unique circumstances to warrant an exception to the requirements.
• Eagle City Code Section 8-2A-6: Design Requirements,Objectives and Considerations:
A. General Objectives And Considerations: The following apply to the entire Design Review
Overlay District including the DDA, TDA,CEDA,and DSDA.Additional requirements for
the DDA, TDA,CEDA, and DSDA are set forth in subsections C through G of this section
and,to the extent there is a conflict with this section,the requirements for the DDA,TDA,
CEDA, and DSDA shall control. The following, including the provisions set forth in the
Eagle Architecture and Site Design Book,contains a listing of objectives applied to each
application,and a listing of matters which shall be considered by the Design Review Board.
The objectives are separated into two(2)sections: site design and building design. Specific
aspects of design should be examined to determine whether the proposed development will
provide a desirable environment for its occupants as well as for its neighbors,and whether,
aesthetically,the composition,materials,textures and colors meet the intent of this article.
The design review board shall consider the following criteria in reviewing the application:
5. Utilities: Utility service systems shall not detract from building or site design.Cable,
electrical,and telephone service systems shall be installed underground,and the design
review board shall consider:
a. Size and location of all service systems for appropriate appearance and maintenance
accessibility;
b. The location and design of transformers,pad mount and roof mounted mechanicals
and electrical equipment shall be reviewed and approved by the design review
board.All roof mounted mechanicals shall be completely screened from view
through the use of a parapet wall when utilizing a flat roof design or shall be
enclosed within the building when utilizing a roof design other than a flat roof.
"Screened from view" shall mean "not visible" at the same level or elevation of the
parapet wall(e.g.,the perspective generally as shown on an elevation plan);
G. Streetscape: Streetscape improvements are to include street trees,streetlights,pedestrian
lighting,bollards,public art,kiosks and furnishings. The scope of streetscape design and
number of amenities vary within the different overlay districts of the city.In areas anticipated
to have higher concentrations of pedestrian use wider sidewalks and a further varied number
of amenities are to be made available to enhance the pedestrian experience and to further
encourage the health of the business community. Examples of streetscape design and
amenities are shown within the EASD book.
At a minimum,the following specific streetscape criteria shall apply:
13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the
curb or shall be a minimum of eight feet(8')wide with a ten foot(10')wide landscape strip
between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized
it shall be constructed to match the sidewalk exhibit within the EASD book, consisting of
smooth and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be
constructed generally as shown on the bulb out exhibit within the EASD book and shall be
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required at all intersections, except that bulb outs shall not extend into any roadway
designated as an arterial or collector as shown on the Ada County long range highway and
street map unless otherwise approved by the highway district having jurisdiction. A
reduced sidewalk section may be permitted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk
be reduced to less than six feet(6') in width.
• Eagle City Code Section 8-2A-7(C)Retention,Removal,and Replacement Of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified
in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree
removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
c. Unless it is determined by the city that replacement is necessary to preserve and/or restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple.Trees which are weak wooded,weak branched,suckering,damaged,diseased,insect
infested,or containing similar maladies may be exempt from replacement if removal is first
approved by the city.
• Eagle City Code Section 8-4-4-2(A)(4):
A. Site And Building Lighting:
4. When historic style light pole fixtures designed such that the portion of the fixture housing
the light bulb is to be exposed as a design element of the light fixture(as identified in the
EASD book) are approved, shielding shall only be required so the light is not directly
visible by a person of average height standing on the property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.The light used shall be
3000K maximum LED(or approved equivalent)and the light fixture shall be provided with
optics to direct light downward.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply
with current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all
lighting, including streetlights located within the right of way,required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to
issuance of a building/zoning permit.
C. DISCUSSION:
• The applicant is requesting design review approval to modify the streetscape in front of an existing
commercial/residential building by removing existing trees and reconstructing a more formal
streetscape. The applicant is requesting approval to remove two existing trees, a 58-inch Willow
tree and a 34-inch Catalpa tree, located within the right of way of North 2"d Street that have been
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topped because of overhead powerlines, have rot in the trunk, and have poor structure. The
applicant is not proposing any mitigation for the removal of these trees. Pursuant to Eagle City
Code Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is
approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c),unless it is
determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife
habitat,removal of Willow trees do not require replacement. Pursuant to Eagle City Code Section
8-2A-7(C)(2)(a), for each caliper inch of deciduous tree removed,an equivalent amount of caliper
inches is required to be replanted and for each vertical foot of coniferous tree removed, an
equivalent amount of vertical feet is required to be replanted.
Staff defers comment regarding the removal of the Catalpa tree to the Design Review Board.
If the City approves the removal of the Catalpa tree and does not require mitigation, no additional
trees are required.
-OR-
If the City approves the removal of the Catalpa tree and does require mitigation, the applicant
should be required to provide a revised landscape plan showing an additional 34-caliper inches of
tree(17, 2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
-OR-
If the City approves the removal of the Catalpa tree and does require mitigation,the applicant may
opt to pay an in lieu fee into the tree fund in the amount of$5,950.00(34-caliper inches x$175.00
per caliper inch). The payment to the tree fund should be received by the City prior to the issuance
of a zoning certificate.
-OR-
Any other combination of planting additional trees on site and/or a contribution to the tree fund as
may be approved by the City. A revised landscape plan and/or contribution to the tree fund should
be reviewed and approved and/or submitted to the City prior to the issuance of a zoning certificate.
• The applicant is proposing to remove the existing trees,curb and gutter located adjacent to the site
to construct a 10-foot wide sidewalk with stamped concrete, street trees in grates, and a historic
light fixture to match the sidewalk improvement within the general vicinity. The applicant is
requesting approval to construct the streetscape improvements pursuant to that which is specified
in the EASD book with red stamped concrete in a running bond pattern with smooth,gray concrete
(as shown below).
le
104
11
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In May of 2021, the Eagle Design Review Board recommended approval of a Downtown Grid
Improvement Plan specifying specific streetscape types based on the road location. Below is the
map showing the location of the four different streetscape types and a detail showing how the
streetscape is to be constructed. The urban concrete with brick streetscape plan provides a 6-foot
wide concrete sidewalk with 4-foot wide furnishing zone with brick pavers, historic lights, and
street trees.
■
i
I
--._E— _=.F'E TYPES
,.::p FtRICk
PIO ARRAN
_ ETE
a]
iNBAh �:04CNEIE
ri El H H
SPENDED PAVING SYSTEM
'EDESTRIAN RAMP SILVA CELLS
ACHD STANDARD RNISHING ZONE
L— ' DESTRIAN ZONE RED BRICK DRY LAID PAVERS
�'■®l SINGLE SOLDIER COURSE EACH SIDE
CONCRETE, 4'x3.MODULAR
���.� SIDEW JOINTS
AND ENDS
PLANTERS,ETC.!
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® ■■n■iara0••®nigrd,I••®ca•ai
CLASS II STREET TREE �'STORIC STREET LIGHT
48.TREE GRATE (TYP. SPACING AT 70.-0")
(TYP. SPACING AT 35-01
Urban Concrete wBrick Streetscape Plan View
The applicant should be required to provide a revised landscape plan showing the streetscape along
North 2nd Street to match the Urban Concrete w/ brick Streetscape Plan as specified in the
Downtown Grid Improvement Plan. The revised landscape plan should be reviewed and approved
by staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
• Sheet L 1.0 indicates the existing historic light fixture is to be relocated within the new streetscape
area. Since this site was originally approved in 2002, the City has a specified historic streetlight
fixture, globe, and luminaire required. The applicant should be required to provide a revised
landscape plan specifying the City approved historic streetlight to be placed along the frontage of
this development(globe and luminaire-GVD3 P20 30K MVOLT MS GL3 GN AO)(pole-WDA
12 L5J SL17 P07 ABG GN). The revised landscape plan should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
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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 12,2023,
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 the applicant constructing the streetscape improvements along North 2nd Street
to match the sidewalk design specified within the Eagle Architecture Site and Design Book to match
the style of streetscape that has been constructed adjacent to this project.
• The Board is in favor of no tree mitigation being required based on the health of the trees and the
location. The Board recognizes with the removal of the existing trees,the urban streetscape will extend
in front of this development and provide additional on street parking in the area.
BOARD DECISION:
The Board voted 3 to 0(Lindgren and Mihan recused; Grubb and Duperault absent)to recommend
approval of DR-45-02 MOD2 for a design review application for a modification to the streetscape in front
of an existing office/residential building, including the removal of existing trees,with the following site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document,dated January 26,2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 14,2023,at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-45-02 MOD2 for a design review application for the
modification to the streetscape in front of an existing office/residential building,including the removal of
existing trees,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 DR-45-02 and DR-4502 MOD.
2. The City approves the removal of the Catalpa tree and does not require mitigation, no additional trees
are required.
3. The landscape plan, showing the streetscape along North 2' Street to match the sidewalk design
specified within the Eagle Architecture Site and Design Book, is approved.
4. Provide a revised landscape plan specifying the City approved historic streetlight to be placed along
the frontage of this development(globe and luminaire - GVD3 P20 30K MVOLT MS GL3 GN AO)
(pole-WDA 12 L5J SL 17 P07 ABG GN). The revised landscape plan shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
5. All overhead utilities to this site and associated poles shall be located underground and removed.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
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7. 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.
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
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drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company, ditch association,or other irrigation entity associated with such
ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
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
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of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those
required by the above conditions,will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping,parking,and circulation,must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-45-02 MOD2)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 mixed use building is permitted with the approval of a design review
application within the CBD(Central Business District)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 streetscape 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 modification to the streetscape will provide
additional on street parking;
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
there are no changes to the building;
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 since the streetscape improvements will complement the surrounding developments;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the streetscape will
continue to provide pedestrian connectivity;
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.
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DATED this 14th day of February 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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J on fierce,Mayor
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