Findings - DR - 2021 - DR-33-20 - Mixed Use Sub No 04 - Multi-Tenant Office Bldg Erd BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MULTI-TENANT )
OFFICE (BUSINESS AND PROFESSIONAL) )
BUILDING FOR EAGLE RIVER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-20
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 14,2021. 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:
Eagle River, LLC, represented by Tom Bobo, is requesting design review approval to construct a
23,400-square foot two-story multi-tenant office building(Pt Floor= 12,000-square feet and 2'Floor
= 11,400-square feet). The 1.48-acre site is located on the north side of East Riverside Drive
approximately 865-feet east of South Palmetto Avenue within the Eagle River Development at 1100
East Riverside Drive(Mixed Use Subdivision No.4 Lot 08,Block 03).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 14, 2020. Supplemental information
(revised elevation plans)was received on December 22,2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on May 21,2020,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a comprehensive plan amendment from
public/semi-public to commercial and from medium density residential to commercial, mixed use,
public/semi-public & a rezone from A (agriculture) and M-1A (Industrial Park District) to PS-DA
(Public/Semi-Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA
(Mixed Use)with a development agreement(including a concept plan)for Eagle River,LLC(CPA-01-
98&RZ-02-98).
On April 10, 2001,the Eagle City Council approved a design review application for the common area
landscaping within Eagle River Subdivision for Eagle River,LLC(DR-70-00).
On April 24,2001,the Eagle City Council approved a preliminary plat for Eagle River Subdivision for
Eagle River,LLC(PP-14-00),
On May 8, 2001, the Eagle City Council approved a final plat for Eagle River Subdivision for Eagle
River,LLC(FP-13-01).
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat for
Mixed Use Subdivision No. 4 for Eagle River,LLC(PP/FP-01-01).
On July 9,2002,the Eagle City Council approved a combined preliminary and final plat for Mixed Use
Subdivision No. 4 for Eagle River,LLC(PP/FP-03-02).
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On July 23,2002,the Eagle City Council approved a design review application for the master sign plan
for Eagle River Development(DR-15-02).
On January 14, 2003, the Eagle City Council approved a combined preliminary and final plat Mixed
Use Subdivision No. 4 for Eagle River,LLC (PP/FP-04-02).
On February 12, 2003, the final plat for Mixed Use Subdivision No. 4 was recorded (Ada County
instrument No. 103023510.
On March 8, 2005, a lot line adjustment was approved for Mixed Use Subdivision No. 4 for Eagle
River,LLC(LLA-03-05).
On August 15,2016,the City approved a design review application to modify the master sign plan for
Eagle River Development(DR-15-02 MOD2).
On January 9, 2017 the City approved a design review application to modify the master sign plan for
Eagle River Development(DR-15-02 MOD3).
On December 17,2020,the Eagle City Council approved a conditional use permit for a building height
exception to 39' 6" and a waiver pursuant to Idaho Code §67-6512(f) for a parking reduction of five
(5)parking spaces(CU-06-20).
E. COMPANION APPLICATIONS: DR-34-20(Master Sign Plan).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and Scenic MU-DA(Mixed Use with Vacant land(Mixed Use
Corridor a development agreement Subdivision No.4)
in lieu of a PUD)
Proposed No Change No change Multi-tenant office(business
and professional)building
North of site Downtown and MU-DA(Mixed Use with Landscape buffer along the
Scenic Corridor a development agreement south side of State Highway
in lieu of a PUD) 44
South of site Mixed Use and Scenic MU-DA(Mixed Use with East Riverside Drive,vacant
Corridor a development agreement land(Lonesome Dove
in lieu of a PUD) Subdivision),vacant land
(unplatted)
East of site Mixed Use and Scenic MU-DA(Mixed Use with Landscaping(Mixed Use
Corridor a development agreement Subdivision No. 5)
in lieu of a PUD)
West of site Mixed Use and Scenic MU-DA(Mixed Use with Office building(medical and
Corridor a development agreement) dental)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
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I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, detached sidewalk, an 8-foot wide landscape strip with
street trees along East Riverside Drive as part of street improvements along the southern border of the
property. There is an existing landscape berm with extensive landscaping along State Highway 44.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.48-acres(64,599-square feet) 5,000-square feet(minimum)
Percentage of Site Devoted 20%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 30%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 81-parking spaces * 86-parking spaces(minimum)
Front Setback(South) 25-feet to building 20-feet(minimum)
9-feet to trellis
Rear Setback(North) 25-feet 20-feet(minimum)
Side Setback(East) 250-feet 7.5-feet(minimum)
Side Setback(West) 103-feet 7.5-feet(minimum)
*Note:Parking reduction of 5-parking spaces approved within conditional use permit(CU-06-20).
K. PARKING ANALYSIS:
Gross Floor Area of multi-tenant office(business and professional)building: 23,400-square feet
Leasable Floor Area of multi-tenant office(business and professional)building: 21,566-square feet
Proposed Parking Spaces: 81 (including 18 compact parking spaces)
Required Parking Spaces(estimated per use requirements in Eagle City Code):
86, for 21,556-square feet using 1 parking space per 250-square feet for offices (business and
professional)
Eagle River Development has a recorded (Instrument #10544861) cross access and cross parking
agreement in place. The declaration includes Lots 5, 6, 7, and 8, Block 3 of Mixed Use Subdivision
No.4 and Lots 10 and 11,Block 3 of Mixed Use Subdivision No. 5 located along the north side of East
Riverside Drive between the eastern boundary of the proposed site to the east side of South Palmetto
Avenue. The applicant is proposing 81-parking spaces.The applicant is short 5-parking spaces.
A conditional use permit(CU-06-20)was approved on December 17, 2020, with a parking reduction
of 5-park spaces.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) two-story multi-tenant building to be utilized as an
office(business and professional)building.
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Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 39' 6"high two-story structure.
A conditional use permit (CU-06-20) was approved on December 17, 2020, with a building height
exception to 39' 6".
Gross Floor Area of Proposed Buildings:
First Floor Lobbies = 908-square feet
Second Floor Corridor = 656-square feet
Second Floor Mezzanine = 280-square feet
Leasable Space =21,556-square feet
Total =23,400-square feet
Gross Floor Area of Proposed Buildings: 23,400-square feet
On and Off-Site Circulation:
A 10,798-square foot(approximately)paved parking area proposed on the east side of the building and
a 14,548-square foot(approximately)paved parking area proposed on the west of the building provide
parking for vehicles using this site. One existing 25-foot wide shared driveway is located on the
property to the west of the site and provides access to East Riverside Drive and to the parking area
located on the west side of the building. One 26-foot wide driveway is proposed to be located
approximately 97-feet west of the eastern property line and provides access to East Riverside Drive and
to the parking area located on the east side of the building. The proposed site,as well as the lots within
Mixed Use Subdivision No. 4 and Mixed Use Subdivision No. 5 located along the north side of East
Riverside Drive to South Palmetto Avenue,have an existing cross access and cross parking agreement
in place.
M. BUILDING DESIGN FEATURES:
Roof: TPO membrane roof system(White/Gray)
Walls: Stone veneer(Sandstone),Brick(Mocha),EIFS/Stucco(Light Tan)
Windows/Doors: Aluminum Storefront(Dark Bronze)
Fascia/Trim: ACM Panel(Dark Bronze)
Pergola: Steel(Dark Bronze)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The existing street trees along East Riverside
Drive will be protected and retained with the exception of one street tree that will require removal to
accommodate construction of the driveway into the parking area proposed on the east side of the
building.
Below is a list identifying the tree to be removed by species, size, condition and required replacement
inches as identified on the landscape plan,date stamped by the City on May 14, 2020.
Common Name Caliper Condition Status Replacement Inches
Inches Per ECC
1 Red Oak 8" Good Remove 8-inch caliper
Tree Replacement Calculations: The applicant did not identify how they were proposing to mitigate for
the eight caliper inches. The site has thirty percent(30%) landscaping proposed(which is in excess of
10%required per code)including multiple trees adjacent to the building,therefore,the tree mitigation
requirement has been met.
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Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along East Riverside Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10%interior landscaping is required, 11% is proposed.
O. TRASH ENCLOSURES:
One (1) 120-square foot trash enclosure is proposed to be located in the southeast corner of the site.
The enclosure is proposed to be constructed of CMU walls with Sandstone stucco and metal gates; all
of which will match the materials and colors used in the construction of the building.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be located within the roof mechanical wells and will be fully screened by the parapet
walls.No ground mounted mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A photometric site and parking lot plan showing location and a fixture schedule showing model,height,
and wattage of all site and building lighting has been provided. Detailed lighting cut sheets have been
provided that comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application.A separate design review application(DR-34-20)has
been submitted for the approval of the master sign plan criteria for signs proposed on this building
and on the site.
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 within the boundaries of the Eagle
Sewer District.
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—yes, is located within the 100-year floodplain
Mature Trees—yes—within the landscape buffer on the north side of the site along State Highway 44
and street trees along East Riverside Drive on the south side of the site
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
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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.
Ada County Highway District
Eagle Fire Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council,whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
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;
g. 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.
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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:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis.Uses should complement and not take way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the City. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
B. DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS OF WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.1.1 Access Easements. Nonexclusive easements on, over, across and through those portions of the
Common Maintenance Area which are improved from time to time for pedestrian and vehicular
ingress and egress between each Lot and between each Lot and the public and/or private streets
abutting the Section Property, as generally depicted on the Site Plan(the "Access Easements").
The ingress and egress lane(s) shown on the Site Plan are temporary and, subject to the
Declarant's approval rights contained in the Master Declaration, may be relocated upon the
completion of the Common Maintenance Area Improvements.
The Access Easements may also be used by emergency services personnel. The ingress and
egress lane(s) shown on the Site Plan are preliminary and, subject to the Declarant's approval
rights contained in the Master Declaration,may be relocated upon the completion of the Common
Maintenance Area Improvements located on each individual Lot or from time to time by the
Owner of such Common Maintenance Area Improvements.
2.1.2 Cross Parking Easements. Nonexclusive easements on, over, across and through those portions
of the Common Maintenance Area which are improved from time to time for vehicular parking
and for access to and use of vehicular parking spaces,as generally depicted on the Site Plan(the
"Cross Parking Easements"); provided, however all employees of an Owner of Occupant of
Section Property shall exclusively park within the Lot of such Owner or Occupant.The vehicular
parking spaces shown on the Site Plan are temporary and subject to the Declarant's approval
rights contained in the Master Declaration,may be relocated upon the completion of the Common
Maintenance Area Improvements located on each individual Lot or from time to time by the
owner of such Common Maintenance Area Improvements. Notwithstanding anything to the
contrary, each Owner may designate for its exclusive use up to thirty percent(30%)of the total
number of parking spaces located within such Owner's Lot. Upon the request of any Owner or
Occupant,the Master Association may enforce any exclusive parking areas designated pursuant
to this Section. Such exclusive parking spaces shall be those located nearest to the entrance of
such Owner's building and shall be designated by a sign approve pursuant to the architectural
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approval process contained within the Master Declaration.
C. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.3 All development within the Property shall be consistent with the Site Design Guidelines
("Design Guidelines")and Conceptual Plans as outlined within the Development Agreement
for the Eagle River Commercial Development dated January 25,2000,between the City of
Eagle and Eagle River LLC(recorded instrument No. 100011692).
D. CONDITIONAL USE PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSCAL:
1. The applicant shall comply with the all applicable conditions of RZ-02-98 and the executed
development agreement(Instrument#1 000 1 1 692)for Eagle River Development.
3. The maximum height of the building shall not exceed 39' 6".
4. The proposed building design incorporates a "Contemporary" architectural style. The proposed
architecture shall be in conformance with the "Eagle River Landscape, Site Design, and
Architectural Design Guidelines" pursuant to the executed development agreement. The
architectural style is subject to change at the discretion of the Design Review Board and City
Council. The Owner shall comply with all conditions required by the Design Review Board and
City Council prior to the issuance of a zoning certificate.
6. The waiver request pursuant to Idaho Code §67-6512(f)is approved for a parking reduction of five
(5)parking spaces.
E. 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 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA
REGULATIONS:
Zoning Maximum Minimum Yard Setbacks A to E* Maximum Minimum Minimum
District Height Lot Lot Area Lot
Front Rear Interior Street Coverage (Acres or Width I*
Side Side F and J* Square
feet)H*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
*Note Conditions:
A. Setback reductions(to be measured from the foundation to the property line):
1.Building eaves may extend no more than 2 feet into any setback;
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2. Open structures such as porches, canopies,balconies,platforms,carports,covered patios
and similar architectural projections shall be considered part of the building to which
they are attached and shall not project more than 15 feet into the required rear yard
setback provided that the remaining setback distance is no less than 10 feet;
• Eagle City Code Section 8-2A-7(C): Retention, Removal,and Replacement of Trees:
1.Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
2.Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species identified
in section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree
removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot
of coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed,an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two(2)six feet(6')tall coniferous
trees.
b. When a homeowners association or its agent removes tree(s)from a subdivision common
area to appropriately thin an overgrown canopy,replacement shall not be required provided
the site remains in compliance with subdivision's approved landscape plan as determined
by the city.
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.
d.In cases where the condition of the tree(s)constitutes an "emergency" as defined in section
8-1-2 of this title,the tree(s)may be removed without approval provided that the city is
notified after the tree's removal and provided with documentation indicating the tree's
condition at time of removal.
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.
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F. DISCUSSION:
• The applicant is requesting design review approval to construct a 23,400-square foot two-story,
multi-tenant office (business and professional) building. The applicant's justification letter states
that the building style of architecture has been reviewed and approved by the Eagle River
Architectural Control Committee (ACC) and will complement the office buildings in the
surrounding area. The building is proposed to be constructed predominately of brick with stone
veneer and stucco accents as illustrated on the exterior elevations received by the City on May 14,
2020. Staff defers comment regarding building design and colors to the Design Review Board.
• The applicant is proposing to construct a trellis on the south side of the building over an outdoor
patio area. The trellis is proposed to be constructed within 9-feet of the south property line.
Pursuant to Eagle City Code Section 8-2-4, the minimum front setback for buildings in the MU
zone is 20-feet. The applicant should be required to provide revised site, landscape,and elevation
plans showing the trellis to be constructed 20-feet north of the south property line. The revised
site, landscape, and elevation plans should be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
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 January 14, 2021,
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 30:38)
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 elevations as presented.
• The Board is in favor of the trellis as proposed since it provides architectural interest to the building
and provides pedestrian scale to how the building addresses the street.
BOARD DECISION:
The Board voted 6 to 0(Duperault recused)to recommend approval of DR-33-20 for a design review
application for a multi-tenant office(business and professional)building for Eagle River,LLC,with the
following staff recommended site specific conditions of approval and standard conditions of approval
with text shown with underline to be added by the Board and text shown with strikethrough to be deleted
by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-06-20.
2. The Board agrees the trellis should be constructed as proposed within the required front setback. If
the City Council does not grant a variance allowing the trellis, pProvide revised site, landscape,and
elevation plans showing the trellis to be constructed 20-feet north of the south property line. The
revised site, landscape,and elevation plans shall be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a zoning certificate.
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3. Any plant material damaged during construction shall be replaced in accordance with Eagle City
Code Section 8-2A-7(C)(2)prior to issuance of a certificate of completion.
4. All existing landscaping shall be protected and retained during construction.
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. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide revised roof and elevation plans showing the location of the roof top mechanical units in
relation to the fire access openings in the parapet screen wall. The roof top mechanical units shall be
placed so they are not visible pursuant to Eagle City Code Section 8-2A-6(B)(5)(b). The revised roof
and elevation plans shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
13. Provide revised site and elevation plans showing the dimensions of the trash enclosure meet the
requirements of the service provider. The revised site and elevation plans shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
14. Provide revised building elevations and details showing the materials and colors of the coping,patio
surface,and patio seat wall. The revised building elevations and details shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
15. Provide detailed elevations of the proposed trellis showing the materials and colors used in the
construction of the trellis. The detailed elevations shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
16. Provide detailed cutsheets of the proposed decorative light fixtures to be used on the building. The
detailed cutsheets shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
17. Provide revised building elevations showing building relief between building material changes. The
revised building elevations shall be reviewed and approved by staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
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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
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.
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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.
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.
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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.
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-33-20) 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:
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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(business and professional)building is permitted with
the approval of a design review application within the MU-DA (Mixed Use with a development
agreement in lieu of a PUD)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 building is designed to comply with the
Eagle River Development design standards and will complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has been designed in conformance with
the required parking as allowed within the conditional use permit;
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 office building is designed to meet the Eagle River Development design standards;
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
office building is in conformance with the Eagle River Development design standards and has been
designed to complement the building 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 office building is in conformance with the required height
restriction as allowed within the conditional use permit;
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 walkways and parking areas on the east and west sides of the building;
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 residential center in the area since the
walkways provide connection to the other buildings within the development; and
I. No signs are proposed with this application.A separate design review application(DR-34-20)has
been submitted for a master sign plan and requires the building wall signs and monument sign to
be harmonious with the architectural design of the building and monument signs as required within
the master sign plan for Eagle River Development, and will not cover nor detract from desirable
architectural features.
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DATED this 28th day of January 2021.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
joy-
obert Grubb, Chairman ,���.•�••""'•••.,,���
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47 ATTEST: q i tP % O ••ct
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racy E.Osborn, Eagle City Clerk •
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