Findings - CC - 2020 - DR-19-20 - Office Bldg In Merrill Sub 4BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MULTI -TENANT )
OFFICE (BUSINESS AND PROFESSIONAL) )
BUILDING WITHIN MERRILL SUBDIVISION )
NO. 4 FOR PARADIGM CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-20
The above -entitled design review application came before the Eagle City Council for their action on July
14, 2020. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Paradigm Construction, represented by Glenn Walker with Architecture Designs Plus, is requesting
design review approval for a 2,534-square foot multi -tenant office (business and professional) building.
The 0.25-acre site is located on the south side of South Fitness Place approximately 700-feet west of
East Iron Eagle Drive at 553 South Fitness Place (Lot 27, Block 3, Merrill Subdivision No. 4).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 5, 2020. Supplemental information
was received by the City on May 22, 2020 (revised landscape plan, revised building elevations) and
June 3, 2020 (lighting cutsheet).
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 9, 2020, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 22, 1999, the Eagle City Council approved a design review application for the common area
landscaping within Rocky Mountain Business Park (DR-24-99).
On October 24, 2000, the Eagle City Council approved a modification to the design review application
for the common area landscaping within Rocky Mountain Business Park (DR-24-99 MOD).
On October 28, 2003, The Eagle City Council approved a combined preliminary plat and final plat
approval for Merrill Subdivision No. 4 (a re -subdivision of Lot 12, Block 3, Merrill Subdivision No. 2,
formally known as Rocky Mountain Business Park) (PP/FP-01-03).
E. COMPANION APPLICATIONS: DR-20-20 (Master sign plan).
F. LAND USE DESIGNATION: Office, business and professional, permitted pursuant to Eagle City Code
Section 8-2-3.
Page 1 of 12
K:1Planning DeptlEagle Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccf docx
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown MU (Mixed Use)
Proposed No Change No Change
North of site Downtown MU (Mixed Use)
South of site Mixed Use
Vacant lot within Merrill
Subdivision No. 4
Multi -tenant Office
(Business and
Professional) Building
Personal Improvement
Facility (Crunch Fitness)
MU-DA (Mixed Use with a Multi -tenant Office
development agreement) Building
East of site Downtown MU (Mixed Use with a Office Building
development agreement)
West of site Downtown CBD (Central Business Proposed Molinari Park
District) Subdivision
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
I. URBAN RENEWAL DISTRICT: No.
J. EXISTING SITE CHARACTERISTICS: The site has been developed with a 10-foot wide pathway
along State Highway 44 as part of Merrill Subdivision.
K. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.25-acres (10,890-square feet) 5,000-square feet (minimum)
Percentage of Site Devoted 23% (approximately) 50% (maximum)
to Building Coverage
Percentage of Site Devoted 35% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 11-parking spaces (10-onsite parking 11-parking spaces (minimum)*
spaces, 1-shared parking spaces)
Front Setback (North) 40-feet 20-feet (minimum)
Rear Setback (South) 38-feet 20-feet (minimum)
Side Setback (East) 10-feet 7.5-feet (minimum)
Side Setback (West) 15-feet 7.5-feet (minimum)
*Note: There are 89-existing parking spaces within Merrill Subdivision No. 4, including shared parking with Crunch Fitness.
A total of 22,250-square feet (maximum of office space may be constructed within Merrill Subdivision No. 4. There
is 2,235-square feet available for this site.
Page 2 of 12
K:1Planning Dept\Eagle Applications1Dr120201DR-I9-20 Office Bldg in Merrill Sub No. 4 ccf.docx
L. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi -tenant Office building: 2,534-square feet
Office. business and arofessional —1 for every 250-square feet of gross floor area
2,534/250-square feet = 10.136 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces for every 250-square feet of gross floor
area for office, business and professional:
Proposed Parking Spaces: 11
Required Parking Spaces: 11 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Office, business and professional")
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 multi -tenant office.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 31-feet high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed office is approximately 2,534-square feet.
On and Off -Site Circulation:
A 23,409-square foot (approximately) existing paved parking lot provides parking for vehicles using
this site. One 25-foot wide driveway is located on the east side of the development and provides access
to Fitness Place. Cross access drive aisles along the north property line of the development provide
access to Crunch Fitness and the office buildings located along the south property line.
N. BUILDING DESIGN FEATURES:
Roof: Tile (Charcoal Black)
Walls: Timber DF (Walnut), stucco (Seal Pearl BM 961), stone veneer (Grey Pearl), cedar shake siding
(Walnut)
Windows/Doors: Metal clad (Black)
Fascia/Trim: Hardboard (Black Fox SW 7020)
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along State Highway 55.
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: 5% interior landscaping is required, 19% is proposed.
Page 3 of 12
K:1Planning DepAEagle Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccf.docx
P. TRASH ENCLOSURES:
Two 50-square foot existing trash enclosures are located within the northeast and northwest areas of
the development. They are constructed of CMU block with stucco finish and vinyl gates; all of which
match the materials and colors used in the construction of the buildings.
Q. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are required to be screened with landscaping. No rooftop mechanical units are
proposed and none are approved.
R. OUTDOOR LIGHTING:
There is existing parking lot lighting that was installed with the subdivision. A lighting cutsheet for
the recessed building wall lighting showing the style, color, illumination type, wattage, etc. was
received and complies with Eagle City Code Section 8-4-4-2.
S. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-20-20) has
been submitted for the approval of the master sign plan criteria for the 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 — terminal island in the parking lot
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
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
Eagle Fire Department
Eagle Historic Preservation Commission
Page 4 of 12
K:1Planning Dcpt\Eaglc Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccfdocx
Eagle Parks, Pathways, and Recreation
Idaho Transportation Department
Z. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
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.
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.
• Eagle City Code Section 8-2A-7(K)(4)(b)(1):
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5') in any dimension.
• 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.
Page 5 of 12
K:IPlanning Dept'Eaglc Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccf docx
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.
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.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to
issuance of a building/zoning permit.
C. DISCUSSION:
• The applicant is proposing to construct a 2,534-square foot, multi -tenant office building. The
applicant's justification letter states that the building is designed to meet the Craftsman style of
architecture and includes simplistic design accents, a Bungalow style facade, gabled roof with
tongue and groove stained wood soffit and heavy, squared decorative corbels and gable details.
Staff defers comment regarding building design and colors to the Design Review Board.
• The landscape plan shows an interior planter south of the parking spaces on the west side of the
building that is 4-feet wide. Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(1), interior
planters are required to be a minimum of 5-feet wide. The applicant should be required to provide
a revised landscape plan showing the interior planter south of the parking spaces on the west side
of the building to be constructed a minimum of 5-feet wide. The revised landscape plan should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE 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 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 1:12:13)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the proposed building design, materials, and colors.
• The Board is in favor of the proposed site landscaping.
Page 6 of 12
K:\Planning Dept\Eagle Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccf docx
BOARD DECISION:
The Board voted 6 to 0 (Baer absent) to recommend approval of DR-19-20 for a design review
application for a multi -tenant office building within Merrill Subdivision No. 4 for Paradigm Construction,
with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document, dated June 25, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 14, 2020, at which time
the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-19-20 for a design review application for a multi -tenant office
building within Merrill Subdivision No. 4 for Paradigm Construction, with the Design Review Board
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-24-99 and all subsequent modifications.
2. Provide a revised landscape plan showing the interior planter south of the parking spaces on the west
side of the building to be constructed a minimum of 5-feet wide. The revised landscape plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
3. If the applicant is proposing building wall lighting the applicant shall provide a lighting plan showing
the location of all proposed building wall lighting. Provide detailed lighting cutsheets showing the
style, color, illumination type, wattage, etc. for all building wall lighting. The lighting plan and
detailed lighting cutsheets shall be reviewed and approved prior to the issuance of a zoning
certificate.
4. Provide written approval from the building's managing entity approving the architecture of the
building. The written approval shall be reviewed and approved by staff prior to the issuance of a
zoning certificate.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide revised building elevations showing the location, material, colors of the 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.
Page7of12
K:1Planning DcptAEagle Applications\Dr120201DR-I9-20 Office Bldg in Merrill Sub No. 4 ccf docx
12. Provide a revised landscape plan showing evergreen plantings to be located around the ground
mounted ac units to screen them from view. 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.
13. Provide physical material samples and colors for all proposed materials and colors on the building.
The physical material samples and colors 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
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
Page 8 of 12
K:1Planning DeptWagle Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccf.docx
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
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.
Page 9 of 12
K:\Planning Dept\Eaglc Applications\Dr12020\DR-19-20 Office Bldg in Merrill Sub No. 4 ccf.docx
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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.
Page 10 of 12
K:\Planning DeptlEagle Applications1Dr120201DR-19-20 Office Bldg in Merrill Sub No. 4 ccf docx
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-19-20) 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 Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a multi -tenant office building is permitted with the approval of a design
review application within the MU (Mixed Use) 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 common area landscaping is designed to
complement the general vicinity since the multi -tenant office building is designed with materials
and colors that complement the existing buildings within Merrill Subdivision No. 4;
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 meets the required parking for a multi -
tenant office 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 and complement the other existing
buildings within Merrill Subdivision No. 4;
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 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 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 a sidewalk in front of the building and the site has an existing pathway for which
both provide walkability within the site and access to other buildings within Merrill Subdivision
No. 4;
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
is a sidewalk proposed in front of the building and the site has an existing pathway which provides
access to the site and other buildings within Merrill Subdivision No. 4; and
I. No signs are proposed with this application. A separate design review application (DR-20-20) has
been submitted for the master sign criteria for the building and the signs will be required to be
Page 11 of 12
K:1Planning Dept\Eagle Applications1Dr120201DR-19-20 office Bldg in Merrill Sub No. 4 ccf.docx
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 14th day of July 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Ja. on ' 'erce, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
Page 12 of 12
K.\Planning Dept\Eagle Applicadons\Dr1202MDR-19-20 Office Bldg in Merrill Sub No. 4 ccf.docx
•
• r
\ f •
S n
•
s p+
•r (