Findings - DR - 2021 - DR-141-04 MOD - Eagle Promenade Shopping Center - Change Of Use From Bank RetailBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A CHANGE OF USE )
FROM BANK WITH DRIVE -UP SERVICE TO )
RETAIL FOR IDAHO STATE LIQUOR )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-141-04 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on December 10, 2020. The Eagle 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:
Idaho State Liquor, represented by Jeff Likes with ALC Architecture, is requesting design review
approval for a change of use from bank with drive -up service to retail. The 1.03-acre site is located near
the northwest corner of East State Street and North Horseshoe Bend Road at 3172 East State Street
within Eagle Promenade Shopping Center.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 5, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 10, 2020, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne & Country
Centre for this site (PP-18-00).
On February 27, 2001, the Eagle City Council approved a conditional use permit for a shopping center
for this site (CU-18-00).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (also known
as Eagle Towne & Country Centre) for this site (FP-01-03).
On April 24, 2001, the Eagle City Council approved a Design Review application for a master
landscape plan for Eagle Towne & Country Centre for this site (DR-06-01).
On February 8, 2005, the City Council approved a design review application for a bank facility with
drive -up service (DR-141-04).
On February 8, 2005, the City Council approved a design review application for two building wall signs
and one monument sign for Syringa Bank (DR-142-04).
On February 22, 2005, the City Council approved a conditional use permit for a bank facility with three
drive -up service lanes (CU-09-04).
On August 21, 2014, the City approved a design review application for two building wall signs and
monument sign tenant panel for Sunwest Bank (DR-43-14).
E. COMPANION APPLICATIONS: None.
Page 1 of 11
K \Planning Dept\Eagle Applications \Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Commercial
C-3 (Highway Business
District)
Bank with drive -up service
Proposed
No Change
No Change
Retail store for Idaho State
Liquor
North of site
Commercial
C-3 (Highway Business
District)
Multi -tenant Buildings
South of site
Mixed Use
MU (Mixed Use)
St. Luke's Hospital
East of site
Mixed Use
C2 (General Commercial —
Boise City Designation)
Car Wash
West of site
Commercial
C-3 (Highway Business
District)
Bank with drive -up service
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS:
The site contains one 4,644-square foot bank with drive -up service building. There is an existing
parking lot and mature landscaping throughout the site.
J. SITE DATA: No Change.
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
1.04-acres (45,302 S. F.)
0.03-acres (1300 S.F.)
minimum
Percentage of Site Devoted
to Building Coverage
10% (approx.)
92% (maximum)
Percentage of Site Devoted
to Landscaping
38% (approx.)
10% (minimum)
Number of Parking Spaces
25-spaces
23-spaces, plus queue space for
four cars per drive up window
Front Setback
57-feet
30-feet minimum (per cond. of
approval for CU-18-00)
Rear Setback
14-feet
0-feet minimum
Side Setback
74-feet
30-feet minimum (per cond. of
approval for CU-18-00)
Side Setback
169-feet
0-feet minimum
Page 2 of 11
K\Planning Dept\Eagle Applications\Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Retail Sales building: 4,644-square feet
Retail Sales — 1/250-square feet 4,644/250 = 18.5 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces per 250-square feet of gross floor area:
Existing Parking Spaces: 25
Required Parking Spaces: 19 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Retail sales")
L. GENERAL SITE DESIGN FEATURES: No Change.
Number and Uses of Existing Buildings:
The applicant is proposing to utilize an existing building for a retail sales use.
Height and Number of Stories of Existing Buildings: 28' 4", single -story structure.
Gross Floor Area of Existing Buildings: 4,644-square feet.
On and Off -Site Circulation:
Patrons will enter the shopping center site from one of six entrances located on State Highway 44 and
Horseshoe Bend Road. The parking lot for the building may be accessed from a drive aisle (located
along the northern boundary of the bank parcel) which provides reciprocal ingress -egress access among
the adjacent lots.
M. BUILDING DESIGN FEATURES: No Change.
Roof: Standing seam metal (copper)
Walls: Stucco with stone wainscot (beige)
Windows/Doors: mill finish aluminum, tinted glass
Fascia/Trim: stucco and wood (beige)
N. LANDSCAPING DESIGN: No Change.
Retention of Existing Trees and Preservation Methods: There are existing trees on the site that will be
protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): N/A.
Street Trees: There are existing street trees adjacent to East State Street and Horseshoe Bend Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is existing around the perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 15% existing landscaping.
O. TRASH ENCLOSURES:
One existing 80-square foot trash enclosure is located along the west side of the site. The enclosure is
constructed of CMU walls with both stucco and stone veneers to match the building's exterior.
Page 3of11
K \Planning Dept\Eagle Applications \Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drfdocx
P. MECHANICAL UNITS:
There are existing roof mounted and ground mechanical and electrical units. The ground mounted
mechanical and electrical units are located on the east side of the building and are screened with
landscaping. The roof mounted mechanical units are located within the confines of the corner towers,
which is not be visible from the outside of the building.
Q. OUTDOOR LIGHTING: No Change
There are existing parking lot and building lighting. The applicant is not proposing to modify the
existing lighting. The existing lighting is in compliance with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the issuance of a sign permit.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within the Eagle Water Company Water Service Area and the Eagle Sewer District Service
Area.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Historic Preservation Commission
Y. LETTERS FROM THE PUBLIC: None received to date.
Page 4 of 11
K-\Planning Dept\Eagle Applications\Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with
adjacent uses as anticipated within the zoning district;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and the adjacent buildings, and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD 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 15, 2017), designates this site as the
following:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
g•
Page 5 of 11
K \Planning Dept\Eagle Applications \Dr'2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-3: Schedule of District use Regulations:
A
A-R
R-E
R
L-O
C-A
C-1
C-2
C-3
Retail sales (general)
G
P
P
P
• 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.
C. DISCUSSION:
• The applicant is requesting design review approval for a change of use from bank with drive -up
service to retail for an Idaho State Liquor store. The applicant's justification letter states the
exterior facade, drive through, and site will remain as is and the tenant does not plan on using the
drive through at this time. Eagle City Code Section 8-2-3 states that retail sales (general) is a
permitted use in the C-3 zoning district. A drive through associated with a retail store is not listed
on the schedule of district regulations within Eagle City Code Section 8-2-3 and therefore is a
prohibited use. The drive through associated with the building is not permitted to be utilized for
the retail use.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the requested design review application is approved,
staff recommends the following site specific conditions of approval and standard conditions of approval
provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on December 10, 2020,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 00:55)
Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that:
• The Board determined the change of use from bank with drive -up service to retail should be approved.
BOARD DECISION:
The Board voted 4 to 0 (Grubb abstained, Duperault absent) to recommend approval of DR-141-04 MOD
for a design review application for a change of use from bank with drive -up service to retail for Idaho
State Liquor, with the following staff recommended site specific conditions of approval and standard
conditions of approval.
Page 6 of 11
K.\planning Dept\Eagle Applications \Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drfdocx
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-141-04 and DR-06-01.
2. The drive through associated with the building is prohibited from being used for the retail use.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
Page 7 of 11
K \Planning Dept\Eagle Applications \Dr\2004\DR-I41-04 MOD Change of Use from Bank to Retail drf docx
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
Page 8 of 11
K \Planning Dept\Eagle Applications \Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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
Page 9 of 11
K \Planning Dept\Eagle Applications \Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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
Page 9 of 11
K\Planning Dept\Eagle Applications\Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
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-141-04 MOD) 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 retail use is permitted with the approval of a design review application
within the C-3 (Highway Business District) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed change of use from bank with drive -up
service to retail does not include any changes to the exterior of the existing building or site;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has existing parking that complies 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
change of use from bank with drive -up service to retail does not include any changes to the exterior
of the existing building or site;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings — Not applicable for
a change of use;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the existing building does not exceed 35-feet which is 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 an existing
Page 10 of 11
K\Planning Dept\Eagle Applications\Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
parking lot and existing walkways that provide connectivity to the building and other buildings
within the development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since the
site has existing walkways that provide connectivity to the building and other buildings within the
development ; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the development, and will not cover nor detract from
desirable architectural features.
DATED this 14th day of January 2021.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Craig Brashe , Chairman
ATTES
Tracy E. Osborn, Eagle City Clerk
Page 11 of 11
K \Planning Dept\Eagle Applications \Dr\2004\DR-141-04 MOD Change of Use from Bank to Retail drf docx
V