Findings - DR - 2020 - DR-30-20 - Aikens St Mixed Use Building BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A MULTI-TENANT )
MIXED USE ARTIST STUDIO/FOOD AND )
BEVERAGE SALES/OFFICE(BUSINESS AND )
PROFESSIONAL/RETAIL/RESTAURANT/ )
RESIDENTIAL BUILDING FOR STEVEN ROTH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-30-20
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 11,2020. The Design Review Board having heard and taken oral and written testimony,and having
duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Steven E. Roth, represented by Doug Russell with The Land Group, is requesting design review
approval for a 13,572-square foot, three-story, mixed use building (eight residential units and three
artist studio/food and beverage sales/office (business and professional)/retail/restaurant units). The
0.41-acre site is located on the south side of East Aikens Road at the intersection of East Aikens Road
and South 1st Street at 79 East Aikens Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 24, 2020. Supplemental information
(alternative method of compliance application)was received by the City of Eagle on June 4,2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 1,2020,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25, 1998, the City Council approved a rezone from R-4 (Residential) to CBD (Central
Business District)(RZ-3-98).
On February 1, 1999,the City Council approved a design review application to remodel and convert an
existing 1,326-square foot house into an office building(DR-28-98).
On January 17,2002,the City approved a design review application to convert the storage area located
on the second floor(approximately 416-square feet)to restaurant and to convert the office area located
on the first floor(approximately 423-square feet)to storage(DR-28-98 MOD).
E. COMPANION APPLICATIONS: DR-31-20(Aikens Rd Mixed Use Building MSP).
F. LAND USE DESIGNATION:
Artist Studio, Food and Beverage Sales, Office (business and professional), restaurant, retail, and
residential(upper levels),permitted pursuant to Eagle City Code Section 8-2-3.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD-DA(Central Business Restaurant building
District with a development
agreement)
Proposed No Change No Change Multi-tenant building with
residential(upper levels)
North of site Downtown CBD(Central Business Single-family residential
District),R-4(Residential)
South of site Downtown CBD(Central Business Multi-tenant building,
District) drainage ditch
East of site Downtown CBD-DA(Central Business Multi-tenant building
District with a development
agreement)
West of site Downtown CBD(Central Business Single-family residential
District)
H. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the Downtown Development Area(DDA).
I. URBAN RENEWAL DISTRICT: Yes.
J. EXISTING SITE CHARACTERISTICS:
The site has an existing building(previously utilized as a restaurant),which the applicant is proposing
to remove.
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K. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.41-acres(18,120-square feet) 500-square feet(minimum)
Percentage of Site Devoted 29% (approximately) 40%(minimum)to 92%
to Building Coverage (maximum)
Percentage of Site Devoted 21%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 22-parking spaces 25-parking spaces(minimum)*
8-covered (including 8-covered parking
4-on-street spaces and 2-guest parking
10-on-site spaces)
23-parking spaces(minimum)**
(including 8-covered parking
spaces and 2-guest parking
spaces)
21-parking spaces(minimum)***
(including 8-covered parking
spaces and 2-guest parking
spaces)
Front Setback(North) 5-feet 0-feet(minimum)to 10-feet
(maximum)
Rear Setback(South) 75-feet 0-feet(minimum)
Side Setback(East) 10-feet 0-feet(minimum)
Side Setback(West) 15-feet 0-feet(minimum)
"'Note:25-parking spaces are required if all 3-units are a restaurant use.
**Note:23-parking spaces are required if 1-unit(912-square feet)has a restaurant use and 2-units(1,609-square feet)have
food and beverage sales,office(business and professional),or retail use.
***Note: 21-parking spaces are required if all 3-units have food and beverage sales,office(business and professional),or
retail use.
L. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant Building: 13,572-square feet(including 2,521-square feet
of commercial uses)
Proposed Parking Spaces: 22
Required Parking Spaces(estimated per use requirements in requirements in Eagle City Code):
16, for 8-units (2-bedroom) using 2 parking spaces including 1 covered and 0.25 spaces per unit for
guest parking for units with 2 or more bedrooms
9,for 2,521-square feet using 1 parking space per 150-square feet for restaurant(no drive-thru)
5,for 2,521-square feet using 1 parking space per 250-square feet for food and beverage sales,offices
(business and professional),retail sales
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3,for 2,521-square feet using 1 parking space per 1,000-square feet for artist studios
M. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a mixed use building with 3-
commercial units and 8-residential units.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 38-foot,6-inch high,three-story structure.
Gross Floor Area of Proposed Buildings:
The proposed mixed use building is approximately 13,572-square feet.
On and Off-Site Circulation:
A 5,081-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 22-foot wide shared driveway is located on the west property line and shared with the property to
the west of this site.The shared driveway provides access to East Aikens Road.
N. BUILDING DESIGN FEATURES:
Roof: Rolled TPO(white)
Walls:Stucco(cream/light shade of tan),cultured stone(cream/tan),thin brick HC Maddox(Old Town
Red)
Windows/Doors: Vinyl(sand),hollow metal(brown/bronze)
Fascia/Trim: Stucco(cream/light shade of tan),pressure treated lumber,fiberglass(cream)
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are ten existing trees on the site that the
applicant is proposing to remove.Below is a list of all existing trees proposed to be removed identified
on sheet C 1.00,date stamped by the City on April 24,2020.
Tree Specie Caliper/Height Condition Replacement
Inches/Feet per
ECC
Unknown 10" Healthy/Mitigation required 10"
per Eagle City Code
Unknown 12" Healthy/Mitigation required 12"
per Eagle City Code
Unknown 12" Healthy/Mitigation required 12"
per Eagle City Code
Unknown 4" Healthy/Mitigation required 4"
per Eagle City Code
Unknown 8" Healthy/Mitigation required 8"
per Eagle City Code
Unknown 8" Healthy/Mitigation required 8"
per Eagle City Code
Unknown 5" Healthy/Mitigation required 5"
per Eagle City Code
Unknown 8" Healthy/Mitigation required 8"
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per Eagle City Code
10" 10"
6" 6"
Total caliper inches/feet of trees required to be replaced on site TBD
Total caliper inches proposed for mitigation 32"
Tree Replacement Calculations: The applicant is proposing to remove 10-existing trees from the site.
The specie of the trees is not identified on sheet C 1.00. Required mitigation for the ten trees will be
determined based on caliper inches for deciduous trees and based on height for conifer trees. The
applicant is proposing mitigation for the trees to consist of a combination of installing new trees on the
site, installing larger trees on the site, and electing to provide a contribution to the tree fund. The
applicant is proposing to increase the caliper inches of trees installed on the site from the minimum
required 2-inch caliper to 4-inch caliper. This provides 32-caliper inches toward mitigation (7-
additional trees on the site [28-caliper inches] and two interior landscape island trees increased in size
from 2-caliper inches to 4-caliper inches [4-caliper inches]).The City of Eagle combined fee schedule
states the Tree Fund(in-lieu of fee) is $60.00/vertical foot or$175.00/caliper inch. If the trees are all
deciduous trees the applicant would elect to pay $8,925.00 into the tree fund for the remaining 51-
caliper inches.
Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board.
Street Trees: There are three existing street trees along East Aikens Road.
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 with the exception of
the west property line.
b. Interior Landscaping: 5%interior landscaping is required,6%is proposed.
P. TRASH ENCLOSURES:
One(1) 126-square foot trash enclosure is proposed to be located adjacent to the west building
elevations and along the east side of the driveway.The enclosure is proposed to be constructed of
CMU walls with stucco overlay and metal 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 the parapet walls. No ground mounted mechanical units are proposed
and none are approved.
R. OUTDOOR LIGHTING:
Sheet C2.00 and sheets 1.5 and 1.7 show the location of all site and building lighting. Lighting
cutsheets showing the style,color, illumination type,wattage,etc.were received and comply with
Eagle City Code Section 8-4-4-2.
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S. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-31-20)has
been submitted for the approval of a master sign plan for signs proposed on this building and on the
site.
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 FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain—yes—500 year
Mature Trees—yes—street trees along East Aikens Street and ten trees on-site
Riparian Vegetation-no
Steep Slopes—yes—adjacent to the drainage ditch
Stream/Creek—yes—Eagle Drain#15 (Drainage District#2)
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
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
Drainage District#2
Eagle Fire Department
Eagle Historic Preservation Commission
Idaho Transportation Department
U.S.Army Corps of Engineers
West Ada School District
Z. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS:
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:
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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.
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 Downtown Eagle Planning Area
The Downtown Eagle Plan is intended to focus and solidify the City's planning vision,goals,
actions and investments in support of the growth and continued revitalization of Downtown
Eagle;to help coordinate private and public investment in the heart of the City of Eagle. It is the
City's primary means of guiding land uses and development for properties located within the
Downtown Eagle Planning Area.(Comp plan page 119)
Development in the Downtown Eagle Area should be designed to:
o Establish a distinctive,well maintained and well-branded downtown;
o Create a well-organized multi-use community that promotes the live,work,play,and recreate
lifestyle;
o Promote and support a strong and vibrant business community;
o Create an interconnected community that allows access to and across the regional highway
system;and
o Promote and develop a unique downtown that supports pedestrian,bicycle,and transit
connectivity.(page 120)
• 6.17.2 Downtown Eagle Planning Area
A.Ensure that development in downtown Eagle is designed to enhance the following:
1.Mix of Land Uses: Create synergism between a variety of land uses,activities,and
destinations through the use of diverse land uses(retail,office,a variety of residential,and
civic institutions).These uses provide neighborhood convenience,employment,
entertainment,and cultural options that contribute to a unique urban experience.
Development that adheres to this principle encourages a compatible mix of uses at the town
center scale and identifies opportunities for shared uses.Position downtown Eagle as the
most convenient place to live,work,find entertainment,shop,and gather in the City and
the region.
L. Promote the City's vision to potential employers,developers,and businesses. Work with
landowners,residents and the Chamber to promote Eagle as being Open for Business.(Comp
plan page 126)
M. Expedite the development approval process creating a competitive development environment
when compared to neighboring jurisdictions. Look at zoning and design review process to
ensure that development that fits the City's vision for the downtown is easily approved.
(Comp plan page 126)
Q. Allow for the intermingling of daily convenience uses(grocery,cleaners)with destination
uses(restaurants,pubs,and art galleries).(Comp plan page 126)
GG. Establish design criteria that promotes the incorporation of historical architectural elements
into new buildings to complement and provide support to the historic charter of the area.
(Comp plan page 128)
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HH. Encourage innovative designs that complement the setting in which a building is being
placed as opposed to strict adherence to a specific architectural style. (Comp plan page 128)
• 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).
Mao 6,23;Olde Towne Hamm/Area �}�
1 t r ea rik) ':7 ,
. µ- Y �`, 's r4-t,_ City*Mask VIP
17
`„�� i "Ate
}` Asi�A t .. � fr ill"
-+ • _te ADAi' s �,111
.
l�i MEN ( try{.i_j_ .f , ►r ♦4F;aif' .
,11_ - /
„ ' 1t.E J A•. S= le„ \ _ �1 - ` /-
. ,1�fr .r� •a. ai:ski 11111J - --. o
H. Land uses in the Olde Town area should promote mixed use with retail and commercial on
the first floor and office and residential uses on the upper floors.
N. Whenever reasonable,the use of alleys,cross access easements,and rear service drives
should be incorporated to separate pedestrians from vehicles as well as to allow services, such
as garbage and deliveries,to occur where they will not cause additional congestion, conflicts,
or interfere with the livability of the area.
O. In the Olde Towne area, all buildings should be designed to have a presence on the street
level including amenities that invites patrons and residents into the building(See Figure
6.23).
Fui.nr A.23.Pedestrian Amenities&Streetscape Featwr,
: : ,
t I t ,�
•
rivi > -:< -
P. Retail,commercial, and restaurant uses should be designed to include large store front
windows,patio dining, and/or tenant displays
X. Establish unique design criteria for the Olde Towne Area that complements the historic
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character of the area.
Y. Incorporate design elements from landmark buildings such as the Eagle Bank and the Eagle
Hotel, into the design and redevelopment of the Olde Towne Area including: Separated
horizontal articulation and element changes, system of proportions opens up possibilities to
new designs while maintaining cohesiveness,separated horizontal articulation and material
changes,tripartite façade(See figure 6.25), and 20-foot high commercial lower band.
Figure 6.25: Architectural Styles Complementary to Olde Towne
ce` �1, 11t I—I tI to ^ t ' i
I,n 1 I.-4 It 'lit I„ILII}11 l ,=Rive q -� • ; �
ii1i�2 1 } as R
t T - 1� at MI it �. i inr'.t �� - ' �•, *I.�� ��� •'_
AA. Encourage the development of a sculpted sky line that increased building heights at the
interior of blocks while stepping down building heights as they approach the traditional
single-family areas at the north and west of the area.(See Figure 6.27)
Figure 6.27: Example of a sculpted skyline between Aikens Street and Idaho Street in Olde Towne
Building height and use transitions
Live/Work Mixed Use Raised green areas with
\ Civic Market' \ i
Heritage Park parking below
Rowhouses
`:it '.mil - ,1 at� ° �,�—r T---
Cad abe Uhl.Sweet a.L. I4bar...r
UveMloric •- Commercial: '., .'• Row Houses:
�� )) • '. i
3 stay Ounlengs.reMdsnl mime,. f�• 3story struetum wN eornmant.!real- 'V�1,11 2-3 story ample family bore..with zero
COmmMtiet an t11e Kral IlOcr Wlh r�' L a Ialma
al.nrbwa.Ratan ane olRc.con- '. or wry hinted aide setback•.•wimp•
living above.Y1111 mamma my haw i gg/'i ^uprilY of the booking apace. � , haw mired heights ralh narrow dal •
service erlblea in tin back. - Burle)M mill normally Inehtle rear or JJ• widths(t122 Mt)and parting at a.
• 1 structure a offmt.perking ".'t-. Z.... neat Ina pavane or on the bin floor. r `
Mixed Use: Multi•Family: �,„a1.t : J
[ ;.
3-5 Wary bo.Iea6o pa with ru bedenhre. al alww•retail 2-3story terlleng•with mwbp.h.tng urea 1(d
and once u .cn lower o Theme Mildew withina onglle building Detlpit features t�N[
Mil haw a worriment fret door Mth large win- mhy include separate entries.memo,
dome and win bole.Welrano ineeha.MN
oeatyadl.aneyarclke.et architectural �- _ I�
mea
d tan that create WeakbaWeakdame.
Wb ttnrouphow.w g � -j.
��
and p.deatnan an amenities e oitI.. - --
DD. Ensure that new residential development adds to the appeal of Olde Towne as a great place
to live as well as to visit. Revise development regulations to specify physical outcomes,
including building types and disposition,block and street pattern, public open space,
architectural character and identify.(See Figure 6.28).
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Figure 6.28: Housing Styles in Olde Towne Eagle
Live/Work:
f �W j-*, 3 story building resides:owned commercial on the tin
I floor:.itb liting ab c:e. "ill customaril;•bare ser-ce
.., ; 7
entries in the back
v
•,., . .
. .
'........._:.,'k•
• Mixed Use:
3-5 story buildings with re;identi al ab 7:a retail and.o f-
are rises on tc loe r floors. These building;will ha•:e a
.ti_�_� prominent first floor tithlarge wind os and will include
y ' . II building undulations withvanedfrontsetbacksthat:ca-
ate patios.plazas•and pedestran amemnes.
Row House:
tt•
2-3 story single family houses with zero or very limited
side setbacks. Sniidings have varied heights with n arr 7 r
lattvidtlts(r5.2=feet)and puking at the rear in a ear-
. age or on the first floor.
.'4 _9 , 4a
:41:
J ?7' T, 1a ;v Multi-Family:
r 7 ' `; 2-3 storybuilding tcith multiple living units within a sin-
• # glebuilding. Designfeaturesmayincludeseparateen-
1 $ tries.interior courtyards.and varying architectural de-
• . �� tads throuebout
1/
ti.... -
EE. Consider established a pay in lieu of parking standard for Olde Town.
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-6(A)(6): Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies,bays,porches,covered entries,overhead
structures,awnings,changes in building facade and roofline alignment,to provide shadow
relief.Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass,shadow relief,and existing area
development.Use of color to provide blending of materials with the surrounding area and
building use,and the functional appropriateness of the proposed building design as it relates
to the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-2A-6(C): Downtown Development Area:
1. Purpose: To provide a compact downtown business center supported by the comprehensive
goals of the city.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of forty feet(40'). To the
extent the height requirements herein conflict with section 8-2-4 of this chapter,the
height requirements herein shall control.
b. Ground Floor Requirements: The ground floor(street level)of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a variety of
potential uses that may not be contemplated at the time of construction. Examples
include: specialty retail, grocery,drugstore,shoe repair,dry cleaning,florist shop,
department store,hardware store,other personal services, restaurant or theater or
financial services or a parking garage.Any use must meet the requirements set forth in
section 8-2-3 of this chapter.
c. Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection C2b of this section including residential use.Any use must meet the
requirements set forth in section 8-2-3 of this chapter except that apartments on floors
other than the ground floor shall be a permitted use. For the purposes of this section a
single apartment unit or multiple apartment units may be permitted.
d. Orientation: Shall be designed so that at least seventy percent(70%)of the building's
ground level,street facing facades are constructed to abut and be oriented to a public
sidewalk or plaza.
e. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk
or plaza level.
i. Detailing: Architectural detailing shall be an important consideration for design approval.
Attention to detail in architectural elements shall include, but is not limited to,walls,
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pilasters,parapets, cornices,columns,windows, doors,awnings,exterior lighting, ledges,
eaves,colors and materials.
j. Horizontal Lines: Parapets shall be used to vary long horizontal lines exceeding fifty feet
(50').
k. Other: Such other nonconflicting architectural detailing, materials and colors as set forth
in this article, including the examples set forth in the EASD book.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter,the setback requirements below shall
control:
a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a
maximum of ten feet(10').
b. Side building setbacks shall be zero feet(0')so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s)longer than ninety feet(90') inclusive of
adjoining structures.
d. When a building is located at the intersection of two(2)streets,the distance between the
face of the building and the back of curb shall be a minimum of ten feet(10')to preserve
adequate sight visibility.
e. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment,seating, flowers/shrubs/all tree displays in movable planters,outdoor
dining,plazas, streetscape extension and bike racks.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent(40%)
and a maximum of ninety five percent(95%) in which case off site parking shall be
provided for. The lot coverage requirement may be waived if development of the lot as a
parking lot is reviewed by the design review board and is approved by the council.
Furthermore,the minimum lot coverage requirement may be reduced by the council for
the purpose of providing adequate on site parking in accordance with the provisions of
this title for structures that include residential uses on floors other than the ground floor.
4. Parking:
a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot,a
landscape buffer shall be provided between the parking lot and any street. Limited
parking potential in the DDA may allow for reduced parking ratios where there is access
to public or shared parking.
b. Provide on street parking along State Street, 1st Street,2nd Street, Idaho Street, Park
Road and Aikens Road.
d. Shared parking shall be encouraged.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8-2A-7 of this article. Other streetscape and design elements shall
comply with the requirements contained within subsection G of this section.
6. Planning Considerations: In reviewing an application pursuant to this chapter,the design
review board shall give consideration to the following to determine compatibility with this
article:
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a. Public Restrooms: Locations should be sought which are safe and convenient for public
use downtown. Suitable locations include public parking areas and sites adjacent to or
within private development.
b. Public Gathering Place:A public gathering place is desired to act as the hub for
community events such as the Eagle Fun Days.The public gathering place could be
defined as 1st Street between Idaho Street and Aikens Road,and State Street between
Eagle Road and 2nd Street.However,the public gathering place may be redefined as
development progresses in the"downtown development area"and/or in the "transitional
development area" or if a more specifically defined area is adopted as a part of the city
comprehensive plan.
c. Vehicular And Pedestrian Use:Extensions of Idaho Street and Aikens Road for vehicular
and pedestrian use shall be considered.
• Eagle City Code Section 8-2A-6(G): Streetscape:
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:
1. Street trees shall comply with the requirements contained in section 8-2A-7 of this
article.Any tree located within a concrete area shall include tree grates and tree wells as
depicted on the tree well and tree grate exhibit within the EASD book. Root barriers
shall be required to limit future sidewalk damage from tree roots.
2. The specific style of streetlight poles within the DDA,TDA,CEDA,and in the locations
specified in subsection G6 of this section,shall be as depicted on the streetlight exhibit
within the EASD book.
3. The specific style of streetlight lamps within the DDA,TDA,CEDA,and in the
locations specified in subsection G6 of this section,shall be as depicted on the
streetlamp exhibit within the EASD book.
11.Furnishings shall be required for all applications incorporating streetscape
improvements,pedestrian areas and/or plaza areas. Furnishings may include flagpoles,
benches,seating/tables,planters,bike racks,outdoor clocks,drinking fountains,wall
lamps,waste receptacles and other similar amenities as may be approved by the design
review board.Furnishing examples are depicted within "urban accessories"section of
the EASD book.
12. Sidewalks within the DDA shall be a minimum of ten feet(10')wide and shall abut the
curb. Sidewalks shall be constructed to match the sidewalk exhibit within the EASD
book,consisting of smooth concrete 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 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
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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:
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.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall
be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree
trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk.
5. Minimum Landscaping:Existing vegetation which is to be retained may be used to
satisfy the minimum required landscaping.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space(land)and vertical
elements(plants,berms,fences,or walls).The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to
differing facilities,activities,or different intensities of use,such as townhouses and a
convenience store,or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use,a ten foot(10')wide by six
foot(6')high landscaped buffer is required.
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b. When a parking lot abuts a residential activity,a five foot(5')wide by six foot(6')high
landscaped buffer is required.
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 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.
b. Height requirements shall be accomplished with plant material,with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three(3)years and be
maintained such that sixty percent(60%)or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing,with slats or otherwise,and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape.Fences,hedges,berms,and landscaping may be used to
screen parking areas(chainlink fencing shall not be permitted).In the design of large parking
areas,arrange bays of parking spaces to be separated by landscaping.When parking lots
occur on sloping terrain,step the parking lots to follow the terrain rather than allowing the lot
surface to extend above natural grade.
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.
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot
with ten(10)spaces and above.The required amount of landscaping is based on a sliding
scale,as follows:
Total Number Of Percent Of Total Area Of A Lot That
Spaces Must Be An Interior Landscaped Area
10-20 5 percent
21 -50 8 percent
51+ 10 percent
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b. Additional Requirements:
(1) No interior planter shall be less than five feet(5') in any dimension.
(2) No parking space shall be more than sixty feet(60')from an interior landscaped
area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as
primary plantings in interior landscaped areas.Deciduous shade trees are to be
clear branched to a height of six feet(6').
(5) A terminal island for a single row of parking spaces shall be landscaped with at
least one tree and shrubs,ground cover,or grass.A terminal island for a double
row of parking spaces shall contain not less than two(2)trees and shrubs,
ground cover,or grass.
• Eagle City Code Section 8-2A-7(M): Parkway Strips, Separated Sidewalks,and Street Trees:
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks
shall be separated from the curb along all streets.An eight foot(8')wide minimum parkway
planter strip planted with shade class(class II)trees shall be required between the sidewalk
and street to provide a canopy effect over streets.
2. In all required applications,excluding residential developments,one street tree,selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five(35)
linear feet of street frontage.
3. Within residential developments one shade class(class II)tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within the
eight foot(8')wide landscape strip between the sidewalk and the curb.Trees shall be planted
at the front of each lot generally located on each side lot line corner with the distance between
trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street
frontage.
4. In all cases,any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-2A-7(N): Incentives:
1. The zoning administrator may reduce the site parking requirements by up to five percent(5%)
of the required number of spaces if the proposed landscape plan incorporates the retention of
existing significant trees,particularly in the interior of the site.
2. The zoning administrator may reduce the site parking requirements by up to five percent(5%)
of the required number of spaces if the proposed landscaping exceeds the requirements of
these guidelines by fifteen percent(15%)or more.
3. The zoning administrator may reduce technical standards of parking lot design where paving
requirements conflict with the retention of significant trees.
• Eagle City Code Section 8-2A-7(0): Alternate 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.
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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.
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.
• Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities:
7. The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent(20%)of the sum of the number of spaces required
for each use only if the provisions of this chapter have been met.The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent(20%)of
the sum of the number required for each use served unless a conditional use is approved by
the city council.
• Eagle City Code Section 8-4-4-5: Parking In Lieu Payments:
Within the central business district,as defined by the city of Eagle comprehensive plan,the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy,whichever occurs first.The fee
shall be for the city to provide public off street parking in the vicinity of the use,the maximum
distance of which shall not exceed the maximum distance permitted by this title.The fee shall be
five thousand seven hundred dollars($5,700.00)per space,or such sum as may be adopted by
resolution of the city council. In addition to the above fee the owner shall be required to pay an
annual per space maintenance fee as shall be determined by resolution of the city council.
The city shall not provide more than twenty(20)spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed into a
special and separate parking improvement and acquisition account to be used solely for the
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purchase and improvement of municipal parking lots and structures to be located within the
central business district,as defined by the city of Eagle comprehensive plan,and may be for use
by the general public.
C. DISCUSSION:
• The applicant is requesting design review approval for a 13,572-square foot,three-story,multi-
tenant artist studio/food and beverage sales/office(business and professional)/restaurant/retail/
residential building.The applicant's justification letter states the proposed architecture best fits
the Italianate style identified within the Eagle Architecture and Site Design Book.The design
elements include: symmetries,variety of materials including brick,cultured stone,and stucco,
pilasters,towering mass at/over the main entry, balconies centered in masses,bay windows,
windows pairs and tripled,arched and curved openings,windows with two pane glazing with
sashes and crowns,and an ornate parapet. Staff defers comment regarding the building design,
materials,and colors to the Design Review Board.
• The site plan shows the building to be located 12-feet from the west property line and 10-feet
from the east property line.The 12-feet between the building and the west property line is
proposed to be half of a 24-foot wide shared driveway that will be shared with the property to the
west.The 10-feet between the building and the east property line is designed with a plaza area
and onsite pathway which abuts a public pathway. Eagle City Code Section 8-2A-6(C)(3)(b),
requires buildings within the Downtown Development Area(DDA)to have a side setback of 0-
feet to tie into adjoining structures. Staff defers comment regarding the proposed side setbacks to
the Design Review Board.
• The site plan shows the building lot coverage to be 29%(calculated using both the north and
south lots).The applicant's justification letter states that utilizing only the buildable portion of the
lots(from Aikens Road south to the edge of the drainage ditch),the building lot coverage is 43%.
Eagle City Code Section 8-2A-6(C)(3)(f),requires buildings within the DDA to have a lot
coverage of 40%minimum to 95%maximum. Staff defers comment regarding the building lot
coverage to the Design Review Board.
• The site currently has an existing 10-foot wide sidewalk that is designed consistent with the
sidewalk design exhibit within the Eagle Architecture and Site Design Book(EASD).Although
the design is consistent with the design exhibit in the EASD book,the sidewalk is not in good
condition.The sidewalk is cracked in locations and is buckling from tree root growth. In 2023,a
joint project,between the Ada County Highway District and the City of Eagle,to redesign the
sidewalks along Aikens Road will be constructed. It is staffs recommendation that rather than
require the applicant to fix the existing sidewalk,the applicant should be required to provide a bid
for the cost to fix the current sidewalk and provide a payment to the City for the cost of repairing
the sidewalk along Aikens Road.Those funds can then be submitted to the City to be utilized
towards the sidewalk reconstruction in 2023.The bid for the cost to fix the current sidewalk
adjacent to East Aikens Road and payment for the bid amount to the City of Eagle shall be
received prior to issuance of a zoning certificate.
• The applicant is proposing to remove 10 existing trees from the site that total 83-caliper inches.
Sheet C1.0 does not identify the species of the existing trees.The applicant has indicated the
existing trees are both deciduous trees and conifer trees.Tree mitigation is calculated utilizing
caliper inches for deciduous trees and calculated by height for conifer trees.The applicant should
be required to provide an arborist report or revised existing condition plan(sheet C 1.0)showing
the specie,size(caliper inches/height),and condition.The applicant should be required to
mitigate for the trees in accordance with Eagle City Code Section 8-2A-7(C)and 8-2A-7(0).The
arborist report,revised existing condition plan,and required mitigation pursuant to ECC 8-2A-
7(C)and 8-2A-7(0)should be reviewed and approved by staff and two members of the Design
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Review Board prior to the issuance of a zoning certificate.
The applicant is proposing to increase the size of the trees installed on the site from a minimum
standard of 2-caliper inches to 4-caliper inches. This provides for 32-caliper inches towards
mitigation.The applicant is requesting an alternate method of compliance for relief from
regulations that require all existing trees to remain on the site.The applicant is proposing to
provide a financial contribution to the City of Eagle tree fund in lieu of retaining all trees on-site
or planting additional trees for the remaining mitigation. If the trees are approved to be removed
and an alternate method of compliance is approved,the applicant should be required to provide a
contribution to the City of Eagle tree fund in accordance with Resolution No.20-04.The
contribution should be submitted to the City of Eagle prior to the issuance of a zoning certificate.
• The site and landscape plan show a 22-foot wide shared driveway to be located along the west
property line.Twelve feet of the driveway is located on 79 East Aikens Road and ten feet of the
driveway is located on 167 East Aikens Road.The property located at 167 East Aikens Road is
zoned Central Business District(CBD)which requires City approval prior to any trees being
removed from the property. Existing trees are located on the portion of the proposed driveway,
located on 167 East Aikens Road. The applicant should be required to provide a revised"existing
site condition plan"(sheet C 1.00)that includes the location,specie,size,and condition of all trees
proposed for removal with this application, including the trees located on 167 East Aikens Road
within the proposed driveway.All trees approved for removal,and not exempt from mitigation,
should be mitigated for as outlined within Eagle City Code Section 8-2A-7(C)and 8-2A-7(0)(3).
The revised"existing site condition plan,"and mitigation in accordance with Eagle City Code
Section 8-2A-7(C)and 8-2A-7(0)(3),should be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
• The site plan shows a 22-foot wide shared driveway to be located along the west property line.
The driveway is constructed over two lots(79 East Aikens Road and 167 East Aikens Road).The
applicant has submitted a preliminary easement agreement between both property owners
regarding the 22-foot wide shared driveway that will provide access to 79 East Aikens and
provide future access to 167 East Aikens Road at the time of redevelopment.The applicant
should be required to provide a cross access agreement between the owners of the two lots(79
East Aikens Road and 167 East Aikens Road)allowing cross access between the two lots
utilizing the shared driveway including any future development of 167 East Aikens Road.The
cross-access agreement should be reviewed and approved by the Zoning Administrator and shall
be recorded in the Ada County Recorder's office prior to the issuance of a zoning certificate.
• The landscape plan shows a six-foot tall privacy fence along the west side of the shared driveway
between 79 and 167 East Aikens Road to be located on 167 East Aikens Road. Eagle City Code
Section 8-2A-7(J)(2)(b),requires a five-foot wide by six-foot high landscape buffer when a
parking lot abuts a residential use.The applicant has requested an alternate method of compliance
to allow for a 6-foot tall vinyl privacy fence to be constructed in lieu of a 5-foot wide by 6-foot
high landscape buffer due to the driveway being partially located on the property to the west and
the fence being located on the property located at 167 East Aikens Road. Staff defers comment
regarding the alternate method of compliance request to the Design Review Board.
If the fence is permitted to be located on the property at 167 East Aikens Road,the applicant
should enter into an agreement with the property owner of 167 East Aikens Road allowing the
fence to located on their property on the west side of the shared driveway.The agreement should
be reviewed and approved by the Zoning Administrator and should be recorded in the Ada
County Recorder's office prior to issuance of a zoning certificate.
• The site plan shows 10 on-site parking spaces,4 on-street parking spaces,and 8 covered parking
spaces(garages located on the first floor of the building)totaling 22-parking spaces.The
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residential units proposed on the 2nd and 3rd floors require 18-parking spaces(2-parking spaces
per unit and 0.25-parking space per unit for guest parking).The commercial uses proposed for the
site include artist studio,food and beverage sales,office(business and professional),restaurant,
and retail.Parking requirements for the proposed uses range from a requirement of 1-parking
space per 1,000-square feet of gross floor area to 1-parking space per 150-square feet of gross
floor area.The applicant provided a parking proposal that includes a parking reduction pursuant
to Eagle City Code Section 8-4-4-3,that may permit a reduction of parking spaces(not to exceed
20%of the sum of the number of spaces required)and a parking in lieu payment.The most
intensive use proposed is a restaurant use that requires 1-parking space per 150-square feet. If the
three commercial units are restaurant,the total number of parking spaces required for the
restaurant and residential uses is 25-parking spaces.There are 22-parking spaces proposed for the
site.The applicant is requesting a parking reduction for 2-parking spaces(8%reduction)and to
pay a parking in lieu payment of$5,700 for 1-parking space to accommodate the 3-parking
spaces the site would be short. Staff defers comment regarding the parking reduction request and
parking in lieu payment to the Design Review Board and City Council.
• The Eagle Fire Department transmittal response states that due to the height of the building,aerial
apparatus is required.The fire department will utilize East Aikens Road for aerial access to the
building; however,they have recommended the existing street trees adjacent to East Aikens Road
be removed so as to not conflict with the aerial apparatus. Staff defers comment regarding the
street trees to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the Design Review Board approves the requested design review application,then staff recommends the
inclusion of the site specific conditions of approval and the standard conditions of approval provided below.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 11, 2020,at
which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION: (Granicus time 1:57:27)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed architectural style, materials,and colors.
• The Board is in favor of the proposed landscaping.
• The Board is in favor of the tree removal required for the redevelopment of the site, alternate method
of compliance request, and required mitigation that will be addressed through site specific conditions
no.2,3,and 4.
• The Board is in favor of the proposed side setbacks due to the driveway west of the building that will
be shared with the property to the west and the proposed plaza area to the east of the building that will
complement the public pathway adjacent to it.
• The Board is in favor of the proposed lot coverage due to the buildable area of the lot being restricted
due to the drainage ditch.
• The Board is in favor of not requiring the applicant to mitigate for the existing street trees adjacent to
East Aikens Road due to the applicant improving the 10-foot sidewalk with the new streetscape
standard, including new street trees.
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BOARD DECISION:
The Board voted 5 to 0(Duperault abstained,Baer absent)to recommend approval of DR-30-20 for a
design review application for a multi-tenant mixed used artist studio/food and beverage sales/office
(business and professional)/retail/restaurant/residential building for Steven E. Roth,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.
2. Provide an arborist report or revised existing condition plan(sheet C 1.0)showing the specie,size
(caliper inches/height),and condition.The applicant should be required to mitigate for the trees in
accordance with Eagle City Code Section 8-2A-7(C)and 8-2A-7(0).The arborist report,revised
existing condition plan,and required mitigation pursuant to ECC 8-2A-7(C)and 8-2A-7(0)shall be
reviewed and approved by staff and two members of the Design Review Board prior to the issuance
of a zoning certificate.
3. If the trees are approved to be removed and an alternate method of compliance is approved,the
applicant should be required to provide a contribution to the City of Eagle tree fund in accordance
with Resolution No.20-04.The contribution shall be submitted to the City of Eagle prior to the
issuance of a zoning certificate.
4. Provide a revised"existing site condition plan"(sheet C 1.00)that includes the location,specie, size,
and condition of all trees proposed for removal with this application, including the trees located on
167 East Aikens Road within the proposed driveway.All trees approved for removal,and not exempt
from mitigation,should be mitigated for as outlined within Eagle City Code Section 8-2A-7(C)and 8-
2A-7(0)(3).The revised"existing site condition plan,"and mitigation in accordance with Eagle City
Code Section 8-2A-7(C)and 8-2A-7(0)(3),shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
5. Provide a cross access agreement between the owners of the two lots(79 East Aikens Road and 167
East Aikens Road)allowing cross access between the two lots utilizing the shared driveway including
any future development of 167 East Aikens Road.The cross-access agreement shall be reviewed and
approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office
prior to the issuance of a zoning certificate.
6. If the fence is permitted to be located on the property at 167 East Aikens Road,the applicant should
enter into an agreement with the property owner of 167 East Aikens Road allowing the fence to
located on their property on the west side of the shared driveway.The agreement should be reviewed
and approved by the Zoning Administrator and should be recorded in the Ada County Recorder's
office prior to issuance of a zoning certificate.
7. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
8. 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.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
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the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application and none are approved.
12. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
13. No signs are proposed with this application and none are approved.
14. Provide a revised landscape plan showing the Aikens Road improvements are to be constructed by the
applicant at the time of construction of this building.The Aikens Road improvements shall comply
with ACHD's design standards and specifications for the Aikens Road Extension Project.The revised
landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
15. Provide a revised fence detail showing the fence proposed on the west side of the driveway to be
earth tone dark color to complement the fence on the east side of the parking spaces.The revised
fence detail shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
16. Provide a revised landscape or site plan showing the details(i.e. materials,color,dimensions)of the
retaining wall south of the parking spaces and adjacent to the drainage ditch.The revised landscape or
site plan shall be reviewed and approved by staff and one member of the Design Review Board prior
to the issuance of a zoning certificate.
17. The Board recommends approval of the side setbacks and lot coverage as proposed.
18. If the uses within the three commercial units require more than 4-parking spaces(including the 50%
parking reduction permitted within the Downtown Development Area),the applicant shall be required
to provide a parking in lieu payment for each parking space the site is short pursuant to Eagle City
Code Section 8-4-4-5 prior to the issuance of any building permits.
19. The Board recommends tree mitigation be required for the site not including the existing street trees
adjacent to Aikens Road.The tree mitigation plan shall be reviewed and approved by staff 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 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
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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,or drain,for irrigation water or irrigation waste water
owned by an organized irrigation district,canal company,ditch association,drainage district,
drainage entity,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 Engineer prior to
the City Engineer signing the final plat.
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,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant,subdivider,business owner,homeowner,or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
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11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates
shall 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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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
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approved by the Commission and/or 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/or 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 30-20) 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 mixed use building is permitted with the approval of a
design review application within the CBD-DA (Central Business District with a development
agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed multi-tenant mixed use building is
designed to comply with the Italianate architectural style identified in the Eagle Architecture and
Site Design book and complement the general vicinity;
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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 adequate parking for all uses
proposed or will comply with Eagle City Code Section 8-4-4-5;
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 multi-tenant mixed use building is designed to meet the Italianate style of architecture
identified in the Eagle Architecture and Site Design book;
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 multi-tenant
mixed use building is in conformance with the Eagle Architecture and Site Design Book 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 multi-tenant mixed use building height does not exceed 40-feet
permitted within Eagle City Code;
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,a plaza area,and a parking area;
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 the
sidewalk will provide connection to other sites and a public pathway east of the site; and
I. No signs are proposed with this application. A separate design review application(DR-31-20) has
been submitted for the master sign plan criteria for the site and the signs will be required to be
harmonious with the architectural design of the building, and will not cover nor detract from
desirable architectural features.
DATED this 25th day of June 2020.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho •••„,,.,.,.,,,
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