Findings - CC - 2021 - DR-38-21 - Balmshot Flex Ofiice Bldg. BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MUTLI-TENANT )
FLEX SPACE OFFICE BUILDING FOR )
BALMSHOT FOR DANIEL WALKER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-38-21
The above-entitled design review application came before the Eagle City Council for their action on
October 26, 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:
Daniel Walker, represented by Joe Thompson with BRS Architects, is requesting design review
approval to construct a 6,000-square foot multi-tenant flex space office building. The 0.61-acre site is
located on the south side of East Iron Eagle Drive approximately 585-feet west of South Edgewood
Lane at 1395 East Iron Eagle Drive(a portion of Lot 3,Block 3,Merrill Subdivision No. 1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 9, 2021. Revised information
(landscape plan, site plan)was received September 1,2021.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 16, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 15, 1997, the Eagle Planning and Zoning Commission approved the Rocky Mountain
Fitness Center(DR-15-97).
On June 8, 1999,the Eagle City Council approved Merrill Subdivision No. 1 and 2(formerly Rocky
Mountain Business Park FPUD-2 &3-99 and FP-7&8-99).
On June 22, 1999, the Eagle City Council approved the landscape and pathway plan for Rocky
Mountain Business Park(DR-24-99).
On October 24, 2000, the Eagle City Council approved a modification to the landscape and pathway
plan for Rocky Mountain Business Park(DR-24-99 MOD).
On August 8, 2001,the Eagle City Council approved a lot line adjustment for Lots 3,4, 5, 6, 8, 9, and
11, Block 3,Merrill Subdivision No. 2(LLA-02-01).
E. COMPANION APPLICATIONS: DR-39-21 (master sign plan).
Pagel of 13
K:\Planning Dept\Eagle Applications\DA2021\DR-38-21 Balmshot Flex Office Bldg ccf docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown MU(Mixed Use) Vacant
Proposed No Change No Change Multi-tenant Flex Space
Office
North of site Downtown MU(Mixed Use) Multi-tenant Flex Space
Office
South of site Public/Semi-Public PS(Public/Semi-public) Park and Ride Lot
East of site Downtown MU(Mixed Use) Automotive Gas
Station/Service Shop
West of site Downtown MU(Mixed Use) Childcare Facility
(Daycare Center)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS: The site is vacant but has been developed with curb, gutter,
and sidewalk along East Iron Eagle Road and a pathway along State Highway 44.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.61-acres(23,264-SF) N/A
Percentage of Site Devoted 26%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 38%(approximately) 10%(minimum)
to Landscaping
•
Number of Parking Spaces 19-parking spaces 18-parking spaces(minimum)
Front Setback(North) 128-feet 20-feet(minimum)
Rear Setback(South) 34-feet 20-feet(minimum)
Side Setback(East) 10-feet 7.5-feet(minimum)
Side Setback(West) 10-feet 7.5-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant Flex Space Office Building: 6,000-square feet
Proposed Parking Spaces: 19-parking spaces
Page 2 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccf.docx
Required Parking Spaces(estimated per use requirements in requirements in Eagle City Code):
15.2, for 3,800-square feet using 1 parking space per 250-square feet for office (business and
professional).
2.8,for 2,800-square feet using 1 parking space per 1,000-square feet for storage
Total Required Parking Spaces: 18-parking spaces
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 flex space office.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirty feet,five inches(30' 5")high single-story structure
with a mezzanine.
Gross Floor Area of Proposed Buildings:
The proposed flex space office building is approximately 6,000-square feet.
On and Off-Site Circulation:
An 8,225-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 24-foot wide driveway is located on the north property line providing access to East Iron Eagle
Drive.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Asphalt Shingle(Charcoal black), Metal Awning(Iron Ore)
Walls: Stucco (Arcade white), Cultured Stone (Texas blend/extra white), Horizontal Hardie Board
Siding(Medici Ivory),Vertical Hardie Board Siding(Tarnished Trumpet)
Windows/Doors: Anodized Aluminum
Fascia/Trim: Stucco(Sable), CMU trim(Extra White)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are three existing trees along East Iron
Eagle Drive. The applicant is proposing to remove one 8-inch maple tree in order to construct a 24-
foot wide driveway on East Iron Eagle Drive.
Tree Specie Caliper Condition (per arborist report) Replacement
Inches per ECC
Maple 8" Good 8"
Total caliper inches of trees required to be replaced on site 8"
Total caliper inches proposed for mitigation 6"
Total caliper inches required for mitigation 2"
Tree Replacement Calculations:
The applicant is proposing to remove one 8-inch caliper maple tree from the site. The applicant is
proposing mitigation of the tree by installing six (6) three inch (3") caliper trees throughout the site,
which is six(6)additional caliper inches. The applicant still needs to mitigate for two(2)caliper inches
of tree on the site.
Page 3 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccf docx
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing on East Iron Eagle 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: 5% interior landscaping is required,9% is proposed.
O. TRASH ENCLOSURES:
One(1)216-square foot trash enclosure is proposed to be located near the northwest corner of the site
approximately 60-feet from the driveway on East Iron Eagle Drive. 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 mansard roof. No ground mounted mechanical units are proposed
and none are approved.
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-39-21)has been
submitted for the approval of a master sign plan for 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
Page 4 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccfdocx
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
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.
Page 5 of 13
K:\Planning Dept\Eagle Applications\Dr\202I\DR-38-21 Balmshot Flex Office Bldg ccfdocx
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 15, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi-public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential,Commercial and Professional Office.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-7(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
Page 6 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccf.docx
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.
C. DISCUSSION:
• The applicant is requesting design review approval to construct a 6,000-square foot flex space
office building on a portion of Lot 3, Block 3, Merrill Subdivision No. 1. Pursuant to the
representative's justification letter the building has been designed using the Craftsman style of
architecture as allowed within the Eagle Architecture and Site Design book. The justification letter
states that the walls have a combination of vertical and horizontal wood siding with stone wainscot
and stucco. Metal awnings and wood trellis elements are proposed on all elevations of the building.
Staff defers comment regarding the building design, materials, and colors to the Design Review
Board.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e),the proposed building should be
designed to 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,and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The applicant is proposing to remove one 8-inch caliper maple tree from the site to accommodate
the new 24-foot driveway on East Iron Eagle Drive. The applicant is proposing mitigation of the
tree by installing six(6)three inch(3")caliper trees throughout the site,which is six(6)additional
caliper inches. The applicant still needs to mitigate for two (2) caliper inches of tree on the site.
The landscape plan states that there are four(4)additional trees proposed on the site that are above
and beyond that which is required by Eagle City Code; however, staff has reviewed the landscape
plan and the proposed trees on the site are minimums that are required pursuant to Eagle City Code.
Pursuant to Eagle City Code Section 8-2A-7(C)(2)(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. The applicant should be required to provide a revised landscape plan showing
the addition of 2-inches of tree caliper added to the landscape plan. 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.
Page 7 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccf.docx
• The landscape plan and photometric plan show trees and parking lot lights poles to be located in
the same location around the parking lot. The applicant should be required to provide a revised
landscape plan and photometric plan showing the locations of the trees and parking lot light poles
do not conflict with each other. The revised landscape and photometric plans should be reviewed
and approved by staff 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 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 September 9,2021.
The application was continued to September 23,2021, at which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
BOARD DELIBERATION: (Granicus time 2:54:44)
On September 9, 2021, upon completion of the applicant's and staffs presentations, the Board discussed
during deliberation that:
• The Board had concerns what the building would look like if the mezzanine was removed.
• The Board had concerns regarding the Tarnish Trumpet color proposed on the building.
• The Board had concerns about the trash enclosure material call outs and colors.
BOARD DELIBERATION: (Granicus time 24:31)
On September 23, 2021, upon completion of the applicant's and staffs presentations, the Board discussed
during deliberation that:
• The Board is in favor of the revised building color and the materials and colors proposed on the trash
enclosure.
• The Board is in favor of the revised building elevations as presented.
BOARD DECISION:
The Board voted 6 to 0(Germano absent)to recommend approval of DR-38-21 for a design review
application to construct a 6,000-square foot multi-tenant flex space office building for Daniel Walker,
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 October 14,2021.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 26,2021,at which
time the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
Page 8 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccfdocx
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-38-21 for a design review application to construct a 6,000-square
foot multi-tenant flex space office building for Daniel Walker, including the streetscape in front of an
existing single-family dwelling for Rob Martin,with the following Design Review Board recommended
site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The revised landscape plan, date stamped by the City on September 15, 2021, showing the addition of
a 2-inch caliper tree is approved.
2. The revised landscape plan, date stamped by the City on September 15, 2021, showing the perimeter
trees moved to avoid the parking lot lights is approved.
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 revised building elevations showing the location of the electric and gas meters. The electric
and gas meters shall not be located on the south side of the building. The revised building elevations
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
11. Provide a revised landscape plan showing the coordination of the proposed trees and drainage swales
on the site. The revised landscape plan shall be reviewed and approved by staff prior to the issuance
of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
Page 9 of 13
K.\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccf.docx
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.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
Page 10 of 13
K:\Planning Dept'Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccfdocx
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
approved by the City Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
Page 11 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccf.docx
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-38-21) 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 multi-tenant flex space office building is permitted with the approval of
a design review application within the MU(Mixed Use)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed multi-tenant flex space office building is
designed with materials and colors consistent with the Craftsman style of architecture and is
designed to 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
Page 12 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg ccfdocx
uses as anticipated within the zoning district since the site has parking on-site to meet the required
parking for a multi-tenant flex space office building;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
multi-tenant flex space office building has been designed with quality materials and the design is
consistent with the Craftsman style of architecture;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building complies with the Craftsman style of architecture and has been design 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 multi-tenant flex space office 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 sidewalks within
the development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area; and
I. No signs are proposed with this application.A separate design review application(DR-39-21)has
been submitted for the master sign plan for this multi-tenant flex space office building. All signs,
if proposed,will be required to be harmonious with the architectural design of the subdivision,and
will not cover nor detract from desirable architectural features.
DATED this 26th day of October 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
‘ (...‹.--)
aso Pierce,Mayor
ATTEST: ,,,,,,,,,,,,,,,,,,.
GL
aitzt_.7:4
racy E. sb rn, Eagle City Clerk i 0 ••• ti g•
i 's. cc) �,7..
•,•,, ST
,,, AT'
Page 13 of 13
K:\Planning Dept\Eagle Applications\Dr\2021\DR-38-21 Balmshot Flex Office Bldg cc£docx