Findings - CC - 2021 - DR-22-21 - Reny Medispa BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A PERSONAL )
SERVICES BUILDING FOR RENU MEDISPA )
FOR ALEXANDER PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-22-21
The above-entitled design review application came before the Eagle City Council for their action on June
22, 2021. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Alexander Properties,LLC,represented by Mysti Stelluto with Dave Evans Construction,is requesting
design review approval for a 6,782-square foot,two-story(1"Floor—4,780-SF, 2nd Floor—2,002-SF)
personal services building for Renu Medispa. The 0.69-acre site is located on the north side of East
Riverside Drive approximately 375-feet west of East Shore Drive at 600 East Riverside Drive within
Eagle River Development(Lot 18,Block 3,Mixed Use Subdivision No. 5).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 16,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 27,2021,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 rezone with a development agreement
(including a concept plan)(RZ-02-98).
On April 10, 2011,the Eagle City Council approved a design review application for the common area
landscaping within Phase I of Eagle River Development(DR-70-00).
On April 24, 2001,the Eagle City Council approved a preliminary plat,Mixed Use Subdivision No. 1
(PP-14-00).
On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision No. 1 (FP-13-
01).
On November 7,2001,the Eagle City Council approved a combined preliminary and final plat,Mixed
Use Subdivision No. 2(PP/FP-1-01).
On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed Use
Subdivision No. 3 (PP/FP-3-02).
On December 17,2002,the Eagle City Council approved a combined preliminary and final plat,Mixed
Use Subdivision No.4(PP/FP-4-02).
On December 16, 2003, the Eagle City Council approved a final plat, Mixed Use Subdivision No. 5
(FP-12-03).
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On August 8,2017,the Lot Line Adjustment to adjust the original lot lines between Lots 14-18,Block
3, Mixed Use Subdivision No. 5 (ROS 11086), was approved by the Zoning Administrator(LLA-12-
17).
E. COMPANION APPLICATIONS: DR-26-21 (signage) and FPDP-01-21 (floodplain development
permit).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant lot within Eagle
development agreement) River Development
Proposed No Change No Change Personal Services Building
North of site Downtown CBD(Central Business State Highway 44Nacant
District) parcel
South of site Mixed Use MU-DA(Mixed Use with a East Riverside
development agreement) Drive/Office Building
East of site Mixed Use MU-DA(Mixed Use with a Restaurant
development agreement)
West of site Mixed Use MU-DA(Mixed Use with a Vacant lot within Eagle
development agreement) River Development
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No.
I. EXISTING SITE CHARACTERISTICS: There is an existing landscape berm with extensive
landscaping and a 10-foot wide asphalt pathway along State Highway 44 and there are street trees along
East Riverside Drive.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.69-acres(29,901-SF) 0.11-acres(5,000-SF)
Percentage of Site Devoted 16%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 38%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 28-parking spaces 28-parking spaces(minimum)
Front Setback(South) 66-feet 20-feet(minimum)
Rear Setback(North) 84-feet 20-feet(minimum)
Side Setback(West) 10-feet 7.5-feet(minimum)
Side Setback(East) 54-feet 7.5-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Personal Services Building—6,782-square feet
Personal Services— 1 for every 250-square feet of gross floor area 6,782-square feet/250=28-
parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
personal services:
Proposed Parking Spaces: 28
Required Parking Spaces: 28
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a personal services facility.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirty-five(35')high two-story structure.
Gross Floor Area of Proposed Buildings:
The proposed personal services facility is approximately 6,782-square feet (lst Floor— 4,780-SF, 21td
Floor—2,002-SF).
On and Off-Site Circulation:
A 13,720-square foot(approximately) paved parking lot provides parking for vehicles using this site.
One 30-foot wide shared driveway is proposed to be located 60-feet to the west of the west property
line of this site and located on the property to the west. This shared driveway provides access to East
Riverside Drive. One 25-foot wide shared driveway is located near the northeast corner of this site
providing access to the property to the east of this site.
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M. BUILDING DESIGN FEATURES:
Roof: Standing seam metal(Treasure Valley Steel Dark Gray)
Walls: Fiber Cement Siding (Nichiha Vintage — Spruce), Stucco (SW9165 Gossimer Veil, SW9164
Illusive Green), Manufactured Stone (Eldorado Ridge Top 18—Granite Spire), Vertical Metal Siding
(Metal Sales Mistique Plus)
Windows/Doors: Aluminum(Dark Bronze)
Fascia/Trim: Metal Fascia (Treasure Valley Steel Dark Gray), T&G Wood Soffit (Semi-transparent
stain—SW3521 Crossroads)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees adjacent to State
Highway 44 and East Riverside Drive. The applicant is proposing to remove two trees adjacent to East
Riverside Drive where a shared driveway to the site is to be located. All other trees will be protected
and retained.
Below is a list of the trees identified by species, size, condition as identified on the landscape plan to
be removed,date stamped by the City on April 16,2021.
Tree Specie Caliper Condition Replacement
inches
Sweetgum 10" caliper Good 10"
Sweetgum 11"caliper Good 11"
Total 21"
Tree Replacement Calculations: The applicant did not identify how they were proposing to mitigate for
the 21-caliper inches. The site has 38% landscaping proposed (in excess of 10% required per code)
including multiple trees adjacent to the building, therefore, the tree mitigation requirement has been
met.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Existing street trees are located 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: 8% interior landscaping is required, 10% is proposed.
O. TRASH ENCLOSURES:
One (1) 216-square foot trash enclosure is proposed to be located at the northeast corner of the site.
The enclosure is proposed to be constructed of CMU walls with stucco finish 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 screened by the parapet walls. No ground mounted mechanical units are proposed
and none are approved.
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Q. 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.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-26-21)has been
submitted for the approval of 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 Eagle Water Company 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-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.
Ballentyne Ditch Company
Eagle Fire Department
Eagle Park,Pathway, and Recreation
Eagle Sewer District
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.
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
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.
B. 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).
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C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(B)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance. These treatments may include brick or masonry wainscot treatments along
exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented toward the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped,designed,
and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B1k,metal siding shall be
prohibited in the DDA,TDA,CEDA design review overlay district areas.
• Eagle City Code Section 8-2A-7(C): Retention,Removal,And Replacement Of Trees:
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.
• Eagle City Code Section 8-2A-7(K)(3):
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two(2)adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five(5)shrubs
per thirty five(35) linear feet of perimeter.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 6,782-square foot personal
services building. The applicant's justification letter states that the building has been designed in
harmony with the architectural style used throughout the Eagle River Development and that the
design meets the design guidelines within the Eagle River development agreement. The building
is proposed to be constructed of manufactured stone, stucco, fiber cement siding and metal siding.
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Eagle City Code Section 8-2A-6(B)(1)(k), states that metal siding is prohibited on the proportion
of any building facing a road, however, a waiver of subsection B 1 k may be allowed where the
applicant shows that the metal is architecturally compatible with surrounding buildings,
architecturally compatible with other nonmetal buildings in the City,and is attractively landscaped,
designed, and situated to eliminate a stark utilitarian look. Staff defers comment regarding the
building design,materials,colors, and metal siding waiver to the Design Review Board.
• The landscape plan shows a five foot wide perimeter landscaped strip between the parking lot and
the east property,however,no shade trees have been shown to be planted in this area. Eagle City
Code Section 8-2A-7(K)(3)(a), requires a five foot wide perimeter landscaped strip between the
property lines and the parking lot, and planted with a minimum of one shade tree and five shrubs
per thirty five linear feet of perimeter. The applicant should be required to provide a revised
landscape plan showing one shade tree per thirty-five linear feet of perimeter landscape area along
the east property line. The location of the shade trees should be coordinated with the existing
landscaping on the property to the east. The revised landscape plan 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 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 May 27, 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 27:49)
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board affirms the building design,materials,and colors.
• The Board recommends a waiver of Eagle City Code Section 8-2A-6(B)(1)(k),regarding metal siding
due to the type of metal panels proposed and locations on the building.
BOARD DECISION:
The Board voted 3 to 0(Germano against;Duperault recused; Grubb and Mihan absent)to recommend
approval of DR-22-21 for a design review application for a 6,782-square foot,two-story(1 sc Floor—
4,780-SF, 2nd Floor—2, 002-SF)personal services building for Renu Medispa for Alexander Properties,
with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document,dated June 10,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 22,2021,at which time
the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
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COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-22-21 for a design review application for a 6,782-square foot,
two-story(1st Floor—4,780-SF, 2nd Floor—2, 002-SF)personal service building for Renu Medispa for
Alexander Properties,with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised landscape plan showing one shade tree per thirty-five linear feet of perimeter
landscape area along the east property line. The location of the shade trees shall be coordinate with the
existing landscaping on the property to the east. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the issuance of a zoning
certificate.
2. Provide a cross access agreement with the adjacent property owners for ingress/egress to the site. The
cross-access agreement shall be reviewed and approved by staff and shall be recorded in the Ada
County Recorder's Office prior to the issuance of a zoning certificate.
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.
10. Provide a cross section of the building showing the height of the parapet walls in relation to the roof
top mechanical units showing the roof top mechanical units are completely screen from view pursuant
to Eagle City Code Section 8-2A-6(A)(5)(b). The cross section 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
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
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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.
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.
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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.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
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approved by the 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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-22-21) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a personal services building is permitted with the approval of a design
review application within the MU-DA(Mixed Use with a development agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed personal services building is designed
with materials and colors consistent with the buildings within the Eagle River Development;
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C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has parking on-site to meet the required
parking for a personal services building;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
building has been designed with quality materials and the design is consistent with the Eagle River
Design Guidelines;
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 building
complies with the Eagle River Design Guidelines and has been designed to complement the
buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and the
height does not exceed the 35-feet permitted within Eagle City Code;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with walkways for both walkability within the site and access to existing 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 residential center in the area; and
I. No signs are proposed with this application.A separate design review application(DR-26-21)has
been submitted for the building wall signs and the sign will be required to be harmonious with the
architectural design of the building, and will not cover nor detract from desirable architectural
features.
DATED this 22nd day of June 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
aso Pierce,Mayor
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y Eagle City Clerk; A '�
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