Findings - DR - 2015 - DR-39-15 - Construct A 4836 Sq' 2-Story Retail/Restaurant/Office Building.BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MULTI- )
TENANT RETAIL/RESTAURANT /OFFICE )
BUILDING FOR OLD TOWN 1, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -39 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on October 22, 2015. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Old Town 1, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture, is
requesting design review approval to construct a 4,836 - square foot two story
retail/restaurant/office building (lst Floor — 2,343 - square feet and 2,d Floor — 2,493- square feet).
The 0.24 -acre site is located on the southeast corner of State Street and Eagle Road at 11 East
State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 17, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 18, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR -40 -15 (design review sign application for a master sign plan)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Page 1 of 15
KAPlanning Dept\Eagle ApplicationAl3r12015WR -39 -15 State -Eagle Mixed Use Bldg drf.doc
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Downtown
CBD (Central Business District)
Vacant lot
Proposed
No Change
No Change
Commercial/office building
North of site
Downtown
CBD (Central Business District)
State Street/Restaurant
South of site
Downtown
CBD (Central Business District)
Alley/Retail building
East of site
Downtown
CBD (Central Business District)
Eagle Road/Vacant lot
West of site
Downtown
CBD (Central Business District)
Barber shop
Page 1 of 15
KAPlanning Dept\Eagle ApplicationAl3r12015WR -39 -15 State -Eagle Mixed Use Bldg drf.doc
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the DDA (Downtown Development
Area) Overlay District.
H. EXISTING SITE CHARACTERISTICS: The site is vacant with the exception of a 5 -foot wide
landscaped area behind the sidewalk along both Eagle Road and State Street.
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
0.24 -acres (10,660 - square feet)
0.01 -acres (500- square feet)
Percentage of Site Devoted to
Building Coverage
22% (approximately)
40% (minimum)*
95% (maximum)*
Percentage of Site Devoted to
Landscaping
37% (approximately)
10% (minimum)
Number of Parking Spaces
14- parking spaces
13- parking spaces **
Front Setback
1 -foot (north)
0 -feet
10 -feet (maximum)*
Rear Setback
76 -feet (south)
0 -feet
Side Setback
7 -feet (west)
10 -feet (minimum)*
Side Setback
5 -feet (east)
0 -feet
*Note: Setback and lot coverage requirements in the DDA.
* *Note: Parking based on 2,343 -SF being restaurant and 2,493 -SF being office.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as restaurant and office.
Height and Number of Stories of Proposed Buildings: Forty feet (40'); two stories.
Gross Floor Area of Proposed Buildings:
First Floor — 2,343 - square feet
Second Floor — 2,493 - square feet
Total — 4,836- square feet
On and Off -Site Circulation:
A 3,944 - square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24 -foot wide driveway is proposed to be located on the side of this site approximately
32 -feet east of Eagle Road providing access to east/west alley.
K. BUILDING DESIGN FEATURES:
Roof: Flat roof
Walls: Stucco (Morris Room Gray), Fiber Cement Board (Ruskin Room Green, Roycroft Adobe,
Page 2 of 15
KAPlenning Dept \Eagle Applicadons\Dt\20l5\DR -39 -15 State -Eagle Mxed Use Bldg drEdoc
White Hyacinth), Brick (Carmel Mountain)
Windows/Doors: Metal windows (medium bronze),
Fascia/Trim:
L. 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: The applicant is proposing to install two (2) street trees along Eagle Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 5% is proposed.
M. TRASH ENCLOSURES:
One 220 - square foot trash enclosure is proposed to be located in the southeast corner of the site
located adjacent to the alley. The enclosure is proposed to be constructed of CMU walls with
stucco finish and metal gates; all of which will be painted to match the color of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. 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.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Page 3 of 15
KAPlanning Dept\F_agle Applic ions\TM2015\DR -39 -15 Staz Fagle Mixed Use Bldg drf.doc
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
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 designates this site as Downtown.
Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public,
quasi- public, cultural, 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. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use, Residential, Commercial and Professional Office.
6.8.13 Downtown Eagle Planning Area:
FOUR CORNERS:
FC 1: Four Comers Area is located at the intersection of State Street and Eagle Road (See
Map 5). Though located in Old Towne, it should be treated as a unique urban design area,
serving as an entry and place marker letting visitors know You Have Arrived in
Page 4of15
KAPlanning Dept\Eagle ApplicationADA2015DR -39 -15 State -Eagle Mixed Use Bldg drf doc
Downtown Eagle. This area, though complementary to the architecture and designs found
in Old Towne, should focus on corner entry buildings and third story plazas and gardens
that create a unique skyline and streetscape. Uses should include retail, office, and
residential (See Figure FC5 Four Corners Land Use Matrix, Pg. 21).
FC 2: Mix of Land Uses: The mixture of uses at the Four Corners should be similar to the
uses in the Old Towne incorporating retail, commercial, and office on the first two floors
with residential above.
a. All buildings located at the intersection of State Street and Eagle Road should be
designed to have corner entries with increased setbacks so buildings open up to the
intersection and establish the intersection as a place of significance in the City.
b. Due to the intensity of the transportation demands on Eagle Road and State Street
the Four Corners may have less residential uses than other portions of Old Towne.
c. A parking garage should be considered adjacent to the southwest boundary of the
Four Corners area to accommodate the parking demand of the area and to offset the
limited onstreet parking on Eagle Road and State Street.
d. Terraced (stepped backed) elevations should be incorporated into the design of
buildings of three stories or more to avoid the walled canyon effect often associated
with monolithic multistory buildings (See Figure FC 1).
FC 3: Walkability: Walkability in the Four Corners should be consistent with the policies
of the Old Towne with the following:
a. The City should work with ACRD, the URA, and the community to address traffic
circulation at the Four Corners. The design of the intersection should address both the
safe and efficient movement of pedestrians as well as the movement of automobiles
through the area. Ideas for the design of the intersection have included:
• A roundabout;
• Using Aikens Street and Idaho Street as quadrant roads to remove the left turns
from the intersection;
• The continued use of the signalized intersection, with the addition of stamped
concrete to establish a large community gathering area that can be shut down
during a community event.
FC 4: Active Streets: Active Streets in the Four Corners should be consistent with the
policies of the Old Towne and with the following:
a. Special consideration should be given to the incorporation of public art and place
making at the intersection of State Street and Eagle Road. Considerations include but
are not limited to:
• Stamped concrete or decorative brick;
• Arches;
• Uniform tree & container plantings;
• Use of community open space; and
• Public Art
b. Corner building entries and increased corner setbacks should be used at the
intersection of State and Eagle to create an open feeling at the intersection so the
Page 5 of 15
KAPlanning DeptfEagle ApplicationADA201MDR -39 -15 State -Eagle Mixed Use Bldg drf doc
adjacent uses can spill out into the street thereby creating another gathering place in
the heart of the community, (See Figure FC3).
FC 5: Civic and Community Center: Due to the limited size of the Four Corners Area (9
parcels), community uses will be limited to public art and the creation of open space
within the public realm (sidewalks, cafe seating, plantings, building entries /plazas, and
improvements to the intersection), (See Figure FC2, Pg. 18).
FC 6: Historical Significance: The Four Corners area, unlike the Old Towne, does not
have historical structures. The area is under developed and in need of significant
investment.
a. Encourage innovative responses and designs that complement the setting in which it
is being placed as opposed to strict architectural adherence to a specific architectural
style.
b. Use the design criteria for the Old Towne as a starting point to guide the appearance
of buildings in the Four Corners yet allow the Four Corners to be distinguished from
the Old Towne through the development of landmark buildings.
c. Development of the Four Corners should not distract or overwhelm other areas of
the downtown.
FC 7: Infill Development: Encourage high density and intensity development to locate in
Downtown Eagle create a more vibrant center. Encourage and promote residential uses in
and within walking distance of Downtown Eagle enabling a more efficient use of the
existing infrastructure investment and resources while off - setting the high cost of land and
creating a more convenient place to live and work.
a. Infill development should be consistent with the policies of the Old Towne and with
the policies below.
b. Promote the Four Corners as the top priority for development in Downtown Eagle.
c. Encourage the use of terraced (stepped back) vertical mixed use that allows for
office, commercial, retail, and residential within a single building while
reducing/avoiding a monolithic building wall along the streets and sidewalk plane.
d. Provide a streamlined process for the design, approval, and construction of projects
at the Four Corners, establishing this as a priority for development.
e. Take advantage of the existing infrastructure (sewer, water, and roads) to increase
the intensity at the Four Corners designing a unique pedestrian environment within
and adjacent to the existing rights of way (wide sidewalks, cafe seating, trees, and
public art).
f. Consider establishing an exempt parking district for nonresidential uses at the Four
Corners.
g. Promote the use of parking structures, rear /alley loaded parking, and on -street
parking to discourage large surface lots within the Four Corners.
h. Whenever possible the use of alleys, cross access easements, and rear service drives
should be incorporated to separate pedestrians from vehicles as well as to allow
services, such as garbage and deliveries, to occur where they will not cause additional
congestion or conflicts or disrupt the livability of the area.
Page 6 of 15
K1Planning DepttEagle ApplicationADA201MDR -39 -15 State -Eagle Mtxed Use Bldg drf.doc
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
Eagle City Code Section 8- 2A- 6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
• Eagle City Code Section 8- 2A- 6(C)(3)
Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8 -2 -4 of this chapter, the setback requirements below shall control:
a. Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum of ten feet (10').
b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s) longer than ninety feet (90') inclusive of
adjoining structures.
d. When a building is located at the intersection of two (2) streets, the distance between the
face of the building and the back of curb shall be a minimum of ten feet (10') to preserve
adequate sight visibility.
e. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint
efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating, flowers /shrubs /all tree displays in movable planters, outdoor
dining, plazas, streetscape extension and bike racks.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent (40 %)
and a maximum of ninety five percent (95 %) in which case off site parking shall be
provided for. The lot coverage requirement may be waived if development of the lot as a
parking lot is reviewed by the design review board and is approved by the council.
Furthermore, the minimum lot coverage requirement may be reduced by the council for the
purpose of providing adequate on site parking in accordance with the provisions of this title
for structures that include residential uses on floors other than the ground floor.
• Eagle City Code Section 8- 2A- 6(C)(4) Parking:
a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a
landscape buffer shall be provided between the parking lot and any street. Limited parking
Page 7 of 15
KAPlanning Dept\Eagle Applications\DA201 MDR -39 -15 State -Eagle Mixed Use Bldg drf.doc
potential in the DDA may allow for reduced parking ratios where there is access to public
or shared parking.
b. Provide on street parking along State Street, 1 st Street, 2nd Street, Idaho Street, Park Road
and Aikens Road.
c. On street parking along Eagle Road is prohibited.
d. Shared parking shall be encouraged.
• Eagle City Code Section 8- 2A- 6(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6) high
landscaped buffer is required.
• Eagle City Code Section 8- 2A -6(K) Parking Lot Landscaping:
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to
screen parking areas (chainlink fencing shall not be permitted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along
the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30 ") minimum height (do not exceed 3:1
slope) within a ten foot (10') wide landscaped strip between the right of way and
the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (3 5) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30 ") grade
drop from the right of way to the parking lot, and plant with a minimum of one
shade tree and five (5) shrubs per thirty five (3 5) linear feet of frontage, excluding
driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way
and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per
thirty five (35) linear feet of frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone,
decorative block or concrete fence if the board finds the following:
Page 8 of 15
KAFlanning Dept\Eagle ApplicationADA2015DR -39 -15 State -Eagle Mxed Use Bldg drf.doc
(A) The applicant must design, document, and obtain city approval
representing that the overall planting design, at the time of planting,
results in an effective barrier such that the landscape strip shields the
view of parked cars from passing pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the
overall site design of the entire project and is compatible with the
surrounding area.
• Eagle City Code Section 8 -4 -5: Schedule of Parking Requirements:
For the purpose of this title, the following space requirements shall apply, except that in the
DDA and TDA the space requirement listed herein shall be reduced by fifty percent (50 %) for
all nonresidential uses and adjacent on street parking shall be included in the minimum
requirement:
Offices, business and professional 1 per 250 square feet of gross floor area
Restaurants, dining rooms, taverns, 1 per 150 square feet of gross floor area; plus 1 per 35
nightclubs, etc. square feet dance floor
Retail sales not listed under another 1 per 250 square feet of gross floor area; in the DDA and
use classification TDA 1 per 500 square feet of gross floor area shall be
required for any such use and on street parking shall be
included in the minimum requirement
C. DISCUSSION:
The applicant is requesting design review approval to construct a 4,836- square foot two story
retail/restaurant/office building on the southeast corner of State Street and Eagle Road. The
architectural style of the building is Italianate and has the appearance of having two different store
fronts on the north building elevation. Store front windows and doors on the north and west
building elevations provide a symmetric look to the building and provides the desired look the city
is looking for in the downtown area. A tower is proposed at the northwest corner of the building
with small balconies utilized by patrons on the second floor. A large roll up door is proposed on
the north building elevation providing access to a large plaza area located between East State
Street and the building. A variety of well blended materials and colors are proposed to be used on
the fagade of this building.
The parking area is proposed on the south side of the building and gains access from the cast/west
alley that runs between Eagle Road and 15t Street. A 4 -foot wide landscape strip with a 3 -foot high
green screen is proposed between the parking lot and the sidewalk adjacent to Eagle Road.
Pursuant to Eagle City Code, off street parking is to be located behind buildings and is to be
landscaped to minimize the visual impact of off street parking. Eagle City Code 8- 2A- 6(K)(2)(d),
requires a 3 -foot high fence of wood, brick, stone, or decorative block or concrete along with 4-
foot wide landscape strip between the right of way and the parking lot, and planted with a
minimum of one shade tree and five (5) shrubs per thirty five (3 5) linear feet of frontage. This
requirement may be waive by the Board if the Board finds that the proposed landscape strip
shields the view of cars from passing pedestrians and motorists and that the proposed design
alternative is compatible with the overall site design of the entire project and is compatible with
the surrounding area. Staff defers comment with regard to the proposed green screen and
landscaping between the parking lot and Eagle Road to the Design Review Board.
• The ACRD DRAFT staff report, date stamped by the City on October 13, 2015, indicates this
Page 9 of 15
KAPlanning Dept\Eagle ApplicationsTA2015OR -39 -15 State -Eagle Mixed Use Bldg drf.doc
application is to be heard by the ACHD Commission on October 21, 2015, and that staff is
recommending the applicant design the site to provide a minimum of 10 -feet between the building
and the existing right of way of both Eagle Road and State Street to preserve future right of way
for future improvement within the intersection. The Eagle Road/State Street Intersection
Stakeholder Committee is formulating their findings and will be presenting their recommendation
to the City Council. If the City determines on or before November 18, 2015, that a ten foot (10')
building setback from Eagle Road and State Street is required to accommodate a roundabout or
expanded signal the applicant shall be required to provide a revised site plan showing the
additional building setback for review and approval by staff prior to the issuance of a zoning
certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
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 October 22, 2015,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 0 (Grubb, Martin, and Hash absent) to approve DR -40 -15 for a design
review application to construct a multi -tenant retaiUrestaurant/office building for Old Town 1,
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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. If the City determines on or before November 18, 2015, that a ten foot (10') building setback from
Eagle Road and State Street is required to accommodate a roundabout or expanded signal the applicant
shall be required to provide a revised site plan showing the additional building setback for review and
approval by staff prior to the issuance of a zoning certificate.
2. Provide detailed elevation plans showing the height of the roof top mechanical units in relationship to
the parapet walls. The detailed elevations plans shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
3. Provide a revised landscape plan showing the revised building footprint as provided on the site /ground
plan date stamped by the City on October 13, 2015. The revised landscape plan shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
4. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
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.
Page 10 of 15
K:\Planning Dept\Eagle Applications\Dr\20l5\DR -39 -15 State-Eagle Infixed Use Bldg drf.doc
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
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. A separate design review application (DR- 40 -15) has been
submitted for the approval of a master sign plan for this building.
11. The lot coverage and setbacks, shown on the site plan dated stamped by the City on October 13, 2015,
are approved.
12. The applicant shall work with the Eagle Arts Commission to consider a solution to dress up the signal
box located at the northwest corner of the site. The proposed solution shall be approved by the
applicant and the Ci y of Eagle.
13. A 5 -foot wide landscape buffer on the east side of the trash enclosure is not required.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever 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.
Page 11 of 15
K:\Planning DepttEagle Applications\Dr\2015\DR -39 -15 State -Eagle Mixed Use Bldg drfdoc
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 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,
Page 12 of 15
KAPlanning Dept\Eagle ApplicationADA201 MDR -39 -15 State -Eagle Mixed Use Bldg drf doc
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City 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.
Page 13 of 15
KAPlanning De AF,gle Appli— ionsUM2015\DR -39 -15 Stete-Eagle Nfixed Use Bldg drf doc
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 the City Council 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 application for this item was received by the City of Eagle on September 17, 2015.
2. Requests for agencies' reviews were transmitted on September 18, 2015, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 39 -15) 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 as described herein.
The Board recognizes that the site does not comply with several areas of the code regarding building
setbacks, lot coverage, and trash enclosure landscape buffering. In accordance with and as allowed for
in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions, the Board may
suspend or relax these code sections to foster rehabilitation and investment in the downtown. The
increased setback from the intersection is specified in the Eagle Comprehensive Four Corners
Downtown Eagle Planning Area, to help create a place of significance with plaza areas located
between the building entrances and the streetscape adjacent to both Eagle Road and State Street. The
Board unanimously agrees that based on the allowances within the comprehensive plan and city code,
the location of the ACHD traffic signal box, and the need for parking in the downtown that the lot
coverage, setbacks, and landscape buffer have been designed appropriately for this site. The approval
of the proposed building and site improvements will greatly enhance this area of the city in a positive
way by creating a walkable and inviting destination for patrons and passing pedestrians and vehicles.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district) zoning district.
DATED this 12t' day of November 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Gru , Chairman
Page 14 of 15
KAPlanning Dep[\Eagle Applications\DA2015MR -39 -15 S[a2e -Eagle Mixed Use Bldg drF.doe
.• °•G1�Y OAF'••,,
��• .••pRPOR�•.C�
ATTEST: s s•�'• �!
ys—/ w 9 ., nv►n�,••
OP
Sharon K. Bergmann, Eagle City Clerk 1'••.,,,8891P.,''�
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 15 of 15
K \Planning DepttEagle Applicatiaas\DA201SDR -39 -15 State -Eagle Mixed Use Bldg drf doc