Findings - DR - 2020 - DR-75-19 - Stillwater Sub No 01 - Multi-Tenant Office/Retail/Restaurant Bldg In Stillwater Sub BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MULTI- )
TENANT OiICEIRETAILIRESTAURANT )
BUILDING WITHIN STILLWATER )
SUDIVISION FOR COREY ELITHARP )
iINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-75-19
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 12,2019. The Design Review Board having heard and taken oral and written testimony,and
having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
iINDINGS OF FACT:
A. PROJECT SUMMARY:
Corey Elitharp,represented by Rodney Evans with RE+P, is requesting design review approval for an
8,576-square foot office/retail/restaurant building.The 1.06-acre site is located on the northeast corner
of West Copper Silo Street and South Urban Gate Avenue at 2300 and 2340 West Copper Silo Street
(Lots 4 and 5, Block 6, Stillwater Subdivision No. 1).
B. APPLICAI'ION SUBMITTAL:
The City of Eagle received the application for this item on November 7, 2019. Supplemental
information (lighting plan, lighting cutsheets, stamped elevations) were received by the City on
December 3,2019.
C. NO 110E OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 14, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS AC11ONS:
On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map
Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision
(CPA-04-1 5/RZ-07-15 and PP-04-15).
On March 24,2016,the Design Review Board approved the common area landscaping within Stillwater
Subdivision(DR-11-16).
On January 10,2017,the City Council approved a preliminary plat extension of time for the preliminary
plat of Stillwater Subdivision to be valid until January 12,2018(EXT-11-16).
On April 13, 2017, the Design Review Board approved a master sign plan for Stillwater Subdivision
(DR-12-16).
On August 8, 2017, the City Council approved the final plat for Stillwater Subdivision No. 1 (FP-08-
17).
On January 23, 2018, the City Council approved a modification to the final plat for Stillwater
Subdivision No. 1 (FP-08-17 MOD).
On February 15,2019,the City approved a modification to the common area landscaping and entrance
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to Stillwater Subdivision(DR-11-16 MOD).
On August 9,2019,the City approved a modification to the master sign plan to change the background
color of the tenant panels, the font color of the tenant signs, and to construct the tenant panels with
punch through illumination on the monument sign(DR-12-16 MOD).
E. COMPANION APPLICA1lONS: DR-76-19(Master Sign Plan).
F. LAND USE DESIGNA1lON: Office, Retail, and Restaurant, permitted pursuant to Eagle City Code
Section 8-2-3.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAIIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant lots within
development agreement) Stillwater Subdivision
Proposed No Change No Change Multi-tenant
office/retail/restaurant
building
•
North of site Mixed Use MU-DA(Mixed Use with a Dutch Bros,vacant lot
development agreement) within Stillwater
Subdivision
South of site Industrial PS-DA(Public/Semi-public Eagle Sewer District
with a development Treatment Plan
agreement)
East of site Industrial PS-DA(Public/Semi-public Eagle Sewer District
with a development Treatment Plan
agreement)
West of site. Mixed Use MU-DA(Mixed Use with a Vacant lots within
development agreement) Stillwater Subdivision
H. DESIGN REVIEW OVERLAY DISiRICT:Not in the DDA,'IDA,CEDA,or DSDA.
I. URBAN RENEWAL DIS'iEJCT:No.
J. EXISi'iNG SITE CHARACi'ERISTICS: The site has been development with curb, gutter, sidewalk,
and street trees along West Copper Silo Street.
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K. SITE DATA:
SITE DATA PROPOSED REQIjII&ED
Total Acreage of Site 1.06-acres(46,473-square feet) 5,000-square feet
• .
Percentage of Site Devoted 19%(approximately) 100%(maximum)*
to Building Coverage
Percentage of Site Devoted 14%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 45-parking spaces To be determined upon
issuance of zoning certificate
for each tenant space.
Front Setback(North) 85-feet 0-feet(minimum)*
Rear Setback(South) 6-feet 0-feet(minimum)*
Side Setback(East) 28-feet 0-feet(minimum)*
Side Setback(West) 59-feet 0-feet(minimum)*
*Note:Setbacks and lot coverage approved within the Stillwater development agreement(RZ-07-15).'''''' ''1" ----'- '''''
L. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant office/retail/restaurant building: 8,576-square feet(10,630-
square
feet including the outdoor patio).
Proposed Parking Spaces: 45
Required Parking Spaces(estimated per use requirements in requirements in Eagle City Code):
43, for 8,576-square feet using 1 parking space per 200-square feet for banks/financial institutions(no
drive-up service),clinic,offices,medical and dental
86, for 8,576-square feet using 1 parking space per 100-square feet for commercial entertainment
facilities; dance floor, skating rinks
45, for 8,576-square feet using 3 parking spaces per alley or lane (30 for 10 lanes), plus 1 additional
space for each 100-square feet of area used for restaurant, cocktail lounge, arcade area or similar(15
for 1,500 sq.ft.)
45, for commercial entertainment facilities; auditoriums, sports arenas,theaters, and similar uses
having 135 seats using 1 parking space per each 3 seats
57,for 8,576-square feet using 1 parking space per 150-square feet for restaurant(no drive-thru)
35,for 8,576-square feet using 1 parking space per 250-square feet for food and beverage sales,offices;
business and professional, health clubs, spas, and weight reduction salons, personal improvement,
personal services,retail sales,convenience store,travel services
22, for 8,576-square feet using 1 parking space per 400-square feet for catering service, home and
business services,printing and blueprinting, laundry(with no drive-up service)
18,for 8,576-square feet using 1 parking space per 500-square feet for emergency services,retail
sales of large items such as furniture and appliances
9,for 8,576-square feet using 1 parking space per 1,000-square feet for artist studios, storage
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o
(enclosed building)
45,for churches and other places of religious assembly having 225 seats using 1 parking space per 5
seats within the tenant space
9, for childcare-daycare center,nursery schools,kindergartens having up to three classrooms using
3 parking spaces per classroom but not less than 9 for the building.
Parking requirements will be determined upon review of the zoning certificate for each tenant space.
M. GENERAL SITE DESIGN FEA1LJRES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a multi-tenant
office/retail/restaurant building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately forty-five feet six inches (45' 6") high single-story
structure.
Gross Floor Area of Proposed Buildings:
The proposed multi-tenant office/retail/restaurant building is approximately 8,576-square feet with a
2,054-square foot covered patio.
On and Off-Site Circulation:
A 14,411-square foot(approximately) paved parking lot provides parking for vehicles using this site.
Two 24-foot wide shared driveways are located on the west property line and near the east property
line that provide access to the site.
N. BUILDING DESIGN FEAiURES:
Roof: Standing Seem Metal(Medium Gray)
Walls: Wood Plank(natural), brick(red,brown),concrete(natural)
Windows/Doors: Aluminum(black)
Fascia/Trim: metal(Medium Gray), steel awnings(Dark Gray), Steel Beams(Black)
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing street trees along West
Copper Silo Street and South Urban Gate Avenue.
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 Copper Silo Street and Urban Gate Avenue.
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: 8%interior landscaping is required, 13% is proposed.
P. [RASH ENCLOSURES:
One(1) 192-square foot shared trash enclosure is proposed to be located near the west property line
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and north of the parking lot. The enclosure is proposed to be constructed of red brick with black steel
gates;all of which will match the materials and colors used in the construction of the building.
Q. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
R. OUTDOOR LIGHl1NG:
A site and parking lot light plan showing location,height,and wattage was received. Detailed lighting
cutsheets were received; however,the LED illumination exceeds 3000 Kelvin. Revised detailed
cutsheets will be required.
S. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-76-19)has
been submitted for the approval of the master.sign plan for the signs on this building.
T. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
U. PUBLIC USES PROPOSED:None.
V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
W. SPECIAL ON-SITE FEAi'URES:
Areas of Critical Environmental Concern—No
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—No
Wildlife Habitat—No
X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
Y. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ada County Highway District
Marathon Petroleum(fka Andeavor)
Central District Health
Eagle Fire Department
Eagle Sewer District
Z. LE1'lERS FROM [HE PUBLIC:None received to date.
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THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAJ '
ANALYSIS PROV1i)ED WITHIN THE STAii REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
i'HIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis.Uses should complement and not take away from downtown Eagle.Development within this
land designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING 111HIS PROPOSAL:
3.5 The setbacks shall be as follows(Product Type Exhibit I):
Flex/Commercial/Office/Residential Condo Area
Zero lot line setbacks are requested for the commercial portion of this project.
Maximum Lot Coverage 100%(Commercial)
3.6 The proposed building height of the commercial/condo and live/work units shall not exceed 42-
feet in height as shown on the submitted building elevation(Exhibit F).
3.7 The Commercial and Flex Lot area of the Property as depicted on the Concept Plan is to be
developed with a combination of any office and commercial uses allowed within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations"under the MU zoning designation
(except as permitted in Section 3.8,below). The Commercial and Flex area shall be limited to a
maximum of 125,000-square feet of enclosed area(i.e.,enclosed with walls and roof).No
commercial building footprint shall exceed 13,000-square feet of enclosed area(i.e., enclosed
with walls and roof).
3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application(whichever
the case may be)is made for individual building use.
All uses shown as"P"permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and
all uses shown as"C"conditional uses under the MU zoning designation shall require a
conditional use permit,except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as"C"conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"shall be
permitted uses on the Property:
• Childcare
o Daycare Center
• Commercial Entertainment Facility(Indoor)
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• Dwelling(Multi-Family)
• Dwelling(Single-family)
• Microbrewery
• Retail Sales(General)
• Retail Sales(Limited)
• Winery
3.13 The development shall incorporate public art,water features, or other features of interest and
pedestrian amenities which encourage pedestrian use(i.e.: outdoor drinking fountains, benches,
tables,etc.).The amenities shall be reviewed and approved by the Design Review Board prior
to the issuance of a zoning certificate.
3.14 The single-family dwellings shall be constructed utilizing"Northwestern"style architecture as
shown on Exhibit D. The commercial/retail buildings, live/work residential units,townhouses,
and pool house shall be constructed utilizing"Northwestern"style architecture as shown on
Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the
development is required prior to the issuance of a building permits for commercial/retail
buildings, live/work residential unities,townhouses, pool house,pumphouse for irrigation,and
gazebos.
To assure compliance with this condition,the applicant shall create an Architectural Control
Committee(ACC)as a component of the development's CC&Rs. Provisions regarding the
creation and operation procedures of the ACC shall be included in the CC&Rs,and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee.Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to
deny, at its discretion,any building permit application that does not meet the design
requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes,but is not limited to,new commercial, industrial,
institutional,office, multi-family residential projects,signs,common areas,subdivision signage,
proposed conversions, proposed changes in land use and/or building use,exterior remodeling or
repainting with a color different than what is existing,exterior restoration, and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
2.Minimum Requirements:
c. To conceal outdoor storage areas,trash receptacles,exposed equipment associated with any
commercial or industrial activity,and off street loading when adjacent to or in view from a
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residential activity or public street right of way,a five foot(5')wide by six foot(6')high
landscaped buffer is required.
3.Materials:
a. All buffer areas shall be comprised of, but not limited to,a mix of evergreen and deciduous
trees, shrubs,and ground cover in which evergreen plant materials comprise a minimum of
sixty percent(60%)of the total plant material used.
• Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping:
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two(2)adjacent lots from becoming one large expanse of paving. This �
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five-foot(5')wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five(5)shrubs
per thirty five(35)linear feet of perimeter.
• Eagle City Code Section 8-4-4-2(A): Site and Building Lighting:
1.All parking areas shall be illuminated in accordance with the provisions of this chapter.
2.Any lights used to illuminate a site and building shall be arranged to reflect the light away
from the adjoining property.
3.Except as noted in subsection A4 of this section,all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light(including the lamp and any
nonopaque material/lens covering the lamp)shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
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.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet(20')for parking lots with less than two hundred(200)spaces;
b. Twenty five feet(25')for parking lots with more than two hundred(200)spaces but less
than five hundred(500)spaces;
c. Thirty feet(30')for parking lots with more than five hundred(500)spaces;
d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty(250)
watt maximum high pressure sodium lights, 3000K maximum LED lights(or approved
equivalent)shall be the only type of site and building lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty(320)watts.
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b. The light fixture shall be no higher than seventeen feet(17').
c. The design review board shall make the following findings prior to approving metal halide
lighting:
(1)The lighting shall be harmonious with and in accordance with the general objectives, or
with any specific objective of chapter 2,article A of this title;
(2)The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (as identified in the EASD
book)shall not be permitted to have metal halide lighting.
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.
D. DISCUSSION:
• The applicant is requirement design review approval to construct an 8-576-square foot multi-
tenant office/retail/restaurant building with a 2,054-square foot covered patio on Lots 4 and 5,
Block 6, Stillwater Subdivision No. 1. The applicant's justification letter indicates the building
will be constructed of a blend of materials including brick, steel, and distressed wood siding to
cohesively tie into the rest of the overall development. The development agreement requires the
architecture to be "Northwestern"style as shown in Exhibit"E" of the development agreement.
Staff defers comment regarding the building design and colors to the Design Review Board.
• Development Agreement condition 3.6 allows the height of commercial buildings within this
development to be a maximum height of 42-feet. The building elevations show the building
height(at the peak of the top of the ridge)to be 45-feet, 6-inches. The applicant should be
required to provide revised building elevations showing the height of the building at a maximum
of 42-feet. The revised building elevations should be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
• The landscape plan shows Cloud Nine Tall Switch Grass around the trash enclosure. Pursuant to
Eagle City Code Section 8-2A-7(J)(3), all required buffers are required to have a minimum of
60% evergreen plan material used. The applicant should be required to provide a revised
landscape plan showing a minimum of 60%of evergreen plan material around the trash
enclosure. 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.
• The landscape plan shows a perimeter landscape strip between the parking lot and internal drive
aisle of the development that is 4-feet wide. The landscape strip is proposed to have shrubs and
trees within it. Pursuant to Eagle City Code Section 8-2A-7(K)(3)(a), a 5-foot wide landscape
strip is required between the parking lot and property line. Staff recognizes the property line is
located in the center of the drive aisle; however, the perimeter landscape strip should still be
required to be a minimum of 5-feet in width in order to provide adequate room for growth. The
applicant should be required to provide a revised landscape plan showing the perimeter landscape
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strip(north of the parking lot)a minimum of 5-feet in width. 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.
• The applicant provided detailed site and building lighting cutsheets. The detailed cutsheet for the
parking lot lighting shows the LED illumination at 4000 Kelvin.In addition,the detailed cutsheet
for the building lighting shows the LED illumination at 3500 Kelvin. Pursuant to Eagle City Code
Section 8-4-4-2, LED illumination is allowed up to a maximum of 3000 Kelvin.The applicant
should be required to provide revised detailed lighting cutsheets for the parking lot and site
lighting showing the LED illumination a maximum of 3000 Kelvin. The revised detailed lighting
cutsheets should be reviewed and approved by staff prior to the issuance of a zoning certificate.
STAFY RECOMMENDATION PROV1I)ED WITHIN THE STAi REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 12,2019,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 1:15:35)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The majority of the Board is in favor of the building design, materials, and colors and affirms it
complies with the exhibits shown in the development agreement.
• The Board is in favor of the revised building elevations, landscape plan, and lighting cutsheets, date
stamped by the City on December 12,2019,and presented at the Design Review Board meeting.
• The Board requested additional plant material in front of the covered patio area adjacent to parking
spaces to break up the parking area.
BOARD DECISION:
The Board voted 4 to 1 (Germano-Nay,Grubb and Koci absent)to recommend approval of DR-75-19
for a design review application for a multi-tenant office/retail/restaurant building in Stillwater Subdivision
for Corey Elitharp,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 and text shown
with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-15 and PP-04-15.
2. The revised building elevations,dated stamped by the City on December 12,2019, showing the
building height at a maximum of 42-feet is approved.' -- - -. ..' - - -•: *: • •- -
• • •
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eeftiffeate:
3, The revised landscape plan,date stamped by the City on December 12,2019,showing a minimum of
60%evergreen plant material around the trash enclosure is approved.Pfevide-a-revised-landscape
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4. Provide a revised landscape plan showing the perimeter landscape strip(north of the parking lot)at a
minimum of 5-feet in width. 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.
5. The lighting cutsheets,dated stamped by the City on December 12,2019, are approved.Provide
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6. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
7. 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.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide revised building elevations showing all gutters and downspouts. The revised building
elevations shall be reviewed and approved by staff and two members of the Design Review Board
prior to the issuance of a zoning certificate.
14. Provide a revised landscape plan showing two trees located in front of the covered patio area and
adjacent to the parking spaces or relocate the existing interior landscape planters closer to the patio
area.The revised landscape plan shall be reviewed and approved by staff and two members of the
Design Review Board prior to the issuance of a zoning certificate.
15. Provide details of the proposed patio furniture for the patio areas located on the east and west of the
building and the covered patio area. The details shall be reviewed and approved by the Design
Review Board prior the issuance of a tenant improvement building permit.
16. Provide detailed cutsheets for lighting in the east and west patio areas and covered patio area. The
detailed cutsheets shall be reviewed and approved by staff and two members 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
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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
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.
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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
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.
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KAPlanning Depaagle Applications\Dr\2019\DR-75-19 Multi-tenant Office-Retail-Restaurant Bldg in Stillwater Sub drf.docx
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. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules,regulations, ordinances,plans,or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code(one year from approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights,claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-75-19) 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 multi-tenant office/retail/restaurant building is permitted with the
approval of a design review application within the MU-DA (Mixed Use with a development
agreement);
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B
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 multi-tenant office/retail/restaurant
building is design with materials and colors associated with the"Northwestern"style of architecture
approved within the development agreement;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has parking on-site to meet the required
parking for a multi-tenant office/retail/restaurant building;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials that are consistent with the
"Northwestern"style of architecture approved within the development agreement;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building is in conformance with the "Northwestern" style of architecture approved within the
development agreement and has been designed to complement the buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with sidewalks and walkways for both walkability within the site and access to future
buildings within the Stillwater 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 since there
are sidewalks and walkways that connect to future buildings; and
L No signs are proposed with this application. A separate design review application(DR-76-19)has
been submitted for the master sign plan for the building and all signs will be required to be
harmonious with the architectural design of the building and will not cover nor detract from
desirable architectural features. 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.
Page 15 of 16
KAPlanning DeptTagle Applications\DA20190R-75-19 Multi-tenant Office-Retail-Restaurant Bldg in Stillwater Sub drf.dcex
DATED this 9t15 day of January 2020.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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CraigBrasher, Chairman > •••• ••.`�
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