Loading...
Findings - CC - 2025 - DR-1998-37-MOD1 - A Design Review for an additional parking lot within Norh Channel CenterBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR AN ADDITIONAL PARKING LOT WITHIN NORTH CHANNEL CENTER FOR BB ONE, LC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-1998-37-MOD1 The above -entitled design review application came before the Eagle City Council for their action on July 22, 2025. 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: BB One, LC, represented by James Marsh with CSHQA, is requesting design review approval to construct additional parking spaces within an existing lot within North Channel Center. The 1.19-acre site is located at the northwest terminus of South Rivershore Lane at 467 South Rivershore Lane (Lot 6, Block 1, Channel Center Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 12, 2025. C. NOTICE OF AGENCIES' REVIEW: N/A D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 29, 1996, the Eagle City Council approved a preliminary plat application and flood plain development application for Channel Center Subdivision (PP-96/FPR-96). On January 14, 1997, the Eagle City Council approved a final plat application for Channel Center Subdivision (FP-97). On November 24, 1998, the Eagle City Council approved a design review application for an office (medical and dental) within Channel Center Subdivision (DR-37-98). On October 11, 2022, the Eagle City Council approved a design review application to demolish an existing office (medical and dental) building and to construct a new two (2) story, 14,300-square foot office (medical/dental and business/professional) building (DR-41-22). This application has expired. On October 11, 2022, the Eagle City Council approved a design review application for a master sign plan for a multi -tenant office (medical/dental and business/professional) building (DR-42-22). This application has expired. E. COMPANION APPLICATIONS: There are no companion applications. Page 1 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Commercial C-1 (Neighborhood Business District) Office (Medical and Dental) Proposed No Change No Change Parking Lot North of site Public/Semi-Public/ Downtown CBD (Central Business District) Multi -tenant retail/restaurant/office (medical and dental) building South of site Commercial C-1 (Neighborhood Business District) Multi -tenant office (business and professional) building East of site Commercial C-1 (Neighborhood Business District) Bank/financial institutions (with drive -up service) West of site Public/Semi-Public C-1 (Neighborhood Business District) and R-4 (Residential) Open natural area G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the city-wide Design Review Overlay District. H. URBAN RENEWAL DISTRICT: The site is not located within the Urban Renewal District. I. EXISTING SITE CHARACTERISTICS: There is an existing 4,346-square foot office (medical and dental) building with associated parking and drive aisles providing access to South Rivershore Lane. The northern portion of the lot is undeveloped with grass and gravel and there is a landscape berm along State Highway 44 and an asphalt pathway located along the western and southern property lines of the site. Page 2 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MOD1\03-Working Files\North Channel Center Parking Lot Findings CC.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.19-acres (51,836-square feet) 0.04-acre (2,000 square feet) (minimum) Percentage of Site Devoted to Building Coverage 8.3%* 50% (maximum) Percentage of Site Devoted to Landscaping 13.7% (approximately) 10% (minimum) Number of Parking Spaces 66-spaces 22-spaces Front Setback 121-feet* 15-feet (minimum)** Rear Setback 33-feet* 15-feet (minimum)** Side Setback 34-feet* 15-feet (minimum)** Side Setback 127-feet* 40-feet (minimum)** *Note: Building coverage and setbacks from existing building. **Note: Setbacks required per the plat. K. PARKING ANALYSIS: Gross Floor Area of Proposed Office (Medical and Dental) Building: 4,346-square feet Office (Medical and Dental) — 1 parking space per 200-square feet of gross floor area 4,346-square feet / 200 = 22-parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor area for office (medical and dental): Proposed Parking Spaces: 66 (23-existing parking spaces, 43-new parking spaces) Required Parking Spaces: 22 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "office (medical and dental)") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: There is one existing building, and no additional buildings proposed on the site. On and Off -Site Circulation: There is an existing 11,889-square foot (approximately) paved parking lot on the site. A 11,657-square foot (approximately) additional paved parking lot is proposed. The parking lot provides parking for vehicles using this site. Three shared driveways are located along the east property line of the site and are shared with the property to the east of this site. The shared driveway provides access to South Rivershore Lane. M. BUILDING DESIGN FEATURES: N/A N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 26 existing trees on the site. The applicant is proposing to remove five trees from the site and retain 21 trees. Below is a list of existing Page 3 of 13 K:\Planning Dept\Eagle Applications \Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx trees the applicant is proposing to remove from the site. Tree Specie Tree # Caliper/ Height Condition Remove/ Retained Replacement Inches/Feet per ECC Maple 10" Dead/dying Remove 10" (4) 10" Dead/dying 10" Dead/dying 10" Good Sweetgum 9" Good Remove 9" (1) Total caliper inches/feet of trees required to be replaced on site TBD by the Design Review Board and City Council Total caliper inches/feet removed from the site 49" Note: Undesirable is Elm, Cottonwood, Russian Olive, and 30" (dead) Willow 19 " (good) Good is Pear, Juniper, Swamp Oak, Apricot, Apple, Ash, Sycamore, and Cherry Total caliper inches proposed for mitigation 49" Tree Replacement Calculations: The applicant is proposing to remove 5 trees from the site. The applicant is proposing mitigation for the 5 trees totaling 49-caliper inches of tree by adding 9, 4-inch caliper trees along the parking lot and State Highway 44 frontage (totaling 36-caliper inches) and increasing the size of the Canada Red Chokecherry trees from 2-caliper inches to 4-caliper inches (totaling 14-caliper inches). See page 9 for more information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing along south Rivershore Lane. 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. O. TRASH ENCLOSURES: N/A P. MECHANICAL UNITS: N/A Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, illumination type, and wattage were submitted and complies with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has not 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: No public uses are proposed. 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): An environmental assessment plan is not required for this application. X. AGENCY RESPONSES: There are no agency responses. Y. LETTERS FROM THE PUBLIC: No letters from the public have been received to date. 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 Page 5 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docz 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; 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: g. A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. 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. Page 6 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx • 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. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. • Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems. Under certain site conditions, a strict interpretation of requirements may be either physically impossible or impractical. Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography, soil, vegetation, or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site, the required buffer yard is larger than can be provided; and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance: The applicant must provide the city with a written request if an alternative method of compliance is proposed. The request shall state which requirement as set forth within this section is to be modified, what project conditions stated within subsection 01 of this section justify using the proposed alternative, and how the proposed alternative equals or exceeds said requirement. Page 7 of 13 K:\Planning Dept\Eagle Applications \Dr\I998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. 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 June 26, 2025, 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 proposed parking lot and landscaping • The Board is in favor of the tree removal and the proposed mitigation. • The Board is in favor of the shed with the modification to site specific condition no. 5 and addition of site specific condition no. 11. • The Board recommended striking site specific condition nos. 3 and 4 since the code does not require dedication of public parking spaces, the development already has a parking issue for its businesses, and public parking is not currently permitted within the development. BOARD DECISION: The Board voted 5 to 0 (Greer and Sayer absent) to recommend approval of DR-1998-37-MOD1 for a design review application for an additional parking lot within North Channel Center, 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 July 10, 2025. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 22, 2025, at which time the Council made their decision. COUNCIL DECISION: The Council voted 3 to 0 (Gindlesperger absent) to approve DR-1998-37-MOD1 for a design review application for an additional parking lot within North Channel Center, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of PP-96/FPR-96 and FP-97 for Channel Center Subdivision. 2. The City approves the removal of the trees and the proposed mitigation, no additional trees are required. Page 8 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx 3. The applicant shall be required to provide images of the four elevations of the shed showing the proposed colors and roofing material to match the existing building. The elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 7. No signs are proposed with this application and none are approved. 8. Provide a revised landscape plan showing an additional tree within the interior planter located at the northeast corner of the building. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 9. Provide a revised landscape plan showing the addition of landscaping around the base of the shed. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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 Page 9 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MOD1\03-Working Files\North Channel Center Parking Lot Findings CC.docx Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 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: Page 10 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to 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 Page 11 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR-1998-37-MOD1) 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 parking lot is permitted with the approval of a design review application within the C-1 (Neighborhood 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 additional parking lot will 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 additional parking lot will provide more parking spaces for the development; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the additional parking lot will provide more parking spaces for the development and the shed will be modified to match the existing building; 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 since the additional parking lot will provide more parking spaces for the development and additional pathways are provided; Page 12 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-1998-37-MOD 1\03-Working Files\North Channel Center Parking Lot Findings CC.docx v 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. 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 22' day of July 2025. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Brad Pike, Mayor ATTEST. q ,',0` sit1pq•y. ��. ••of • Eq '+►. t �.� ' / �J .°SEAL‘, Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis. Page 13 of 13 K:\Planning Dept\Eagle Applications\Dr\1998\North Channel Center Parking Lot - DR-I998-37-MODI\03-Working Files\North Channel Center Parking Lot Findings CC.docx