Findings - CC - 2022 - DR-61-21 - Multi-Tenant Retail/Restaurant Building BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MULTI- )
TENANT RETAIL/RESTAURANT BUILDING )
WITHIN EAST END MARKETPLACE FOR )
RENNISON COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-61-21
The above-entitled design review application came before the Eagle City Council for their action on
February 22,2022. 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:
Rennison Companies,represented by Walter Lindgren with Lindgren:Labrie Architecture,is requesting
design review approval for a 8,163-square foot multi-tenant retail/restaurant building within East End
Marketplace. The 1.19-acre site is located on the north side of State Highway 55 approximately 500-
feet east of South Edgewood Lane at 650& 750 South Edgewood Lane and 1800 East Highway 44.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 2, 2021. Revised information
(landscape plan)was received January 4,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 14, 2021, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the Eagle City Council approved a Comprehensive Plan Map Amendment, a
rezone with development agreement,a vacation, and a preliminary plat application for Eagle Gateway
Subdivision(CPA-02-06/RZ-08-06/VAC-01-06/PP-09-06).
On January 12, 2016,the City Council approved a Comprehensive Map Amendment from Mixed Use
to Commercial and a rezone from BP (Business Park) to MU-DA (Mixed Use with a development
agreement [in lieu of a Conditional Use Permit]) and C-2-DA (General Business District with a
development agreement)to develop a 48-unit senior apartment building and commercial area consisting
of retail,financial, and restaurant uses with drive throughs(CPA-05-15 &RZ-11-15).
On March 24, 2016,the Design Review Board approved a design review application for a master sign
plan for the specialty retail store(DR-07-16).
On April 14, 2016, the Design Review Board approved a design review application for the common
area landscaping within East End Marketplace, including the construction of a 14,924-square foot
specialty retail store(food and beverage sales)(DR-06-16).
On July 14, 2016,the Design Review Board approved a design review application for the master sign
plan for East End Marketplace(DR-34-16).
On April 20,2017,the City approved an extension of time application for the common area landscaping
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within East End Marketplace, including the construction of a 14,924-square foot specialty retail store
(food and beverage sales)(EXT-04-17).
On July 24, 2018, the City Council approved a design review application to modify the master sign
plan for East End Marketplace(DR-34-16 MOD).
E. COMPANION APPLICATIONS: DR-62-21 (master sign plan).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
Proposed No Change No Change Multi-tenant Retail/
Restaurant Building
North of site Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
South of site Mixed Use MU(Mixed Use) Vacant lot within Tennis
Club Plaza Subdivision
East of site Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
West of site Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS: The site has been developed with landscaping, street trees,
and a pathway adjacent to State Highway 44.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.19-acres(51,836-square feet) 1,300-square feet(minimum)
Percentage of Site Devoted 16%(approximately) 92%(maximum)
to Building Coverage
Percentage of Site Devoted 20%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 50-parking spaces(plus queue space for 44-parking spaces(minimum)
7-cars for drive up service) (plus queue space for 5-cars for
drive up service)
Front Setback(North) 108-feet 0-feet(minimum)
Rear Setback(South) 38-feet 0-feet(minimum)
Side Setback(East) 50-feet 0-feet(minimum)
Side Setback(West) 50-feet 0-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant Retail/Restaurant Building: 8,163-square feet
• Eagle City Code Section 8-4-5 requires:
Retail sales— 1 per 250 square feet of gross floor area
Restaurants— 1 per 150-square feet of gross floor area
Restaurant with drive-through— 1 per 200-square feet of gross floor area;plus queue space for 5-cars
for drive up service
Proposed Parking Spaces: 50
Required Parking Spaces(estimated per use requirements in Eagle City Code):
11 (plus queue for 5-cars for drive-up service), for 1,525-square feet using 1 parking space per 150-
square feet for restaurant with drive-through
33, for 6,595-square feet using 1 parking space per 200-square feet for restaurant
27, for 6,595-square feet using 1 parking space per 250-square feet for retail sales
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 multi-tenant retail/restaurant
building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-eight foot(28')high single-story structure.
Gross Floor Area of Proposed Buildings:
The proposed multi-tenant retail/restaurant building is approximately 8,163-square feet.
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On and Off-Site Circulation:
A 20,841-square foot(approximately) paved parking lot provides parking for vehicles using this site.
A portion of the paved parking lot is existing. One 20-foot wide shared driveway is located on the east
property line and provide access from State Highway 44 to the site.One 26-foot wide internal driveway
is located adjacent to the north property line of this site and provides access to the building.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Italianate
Roof: Single ply membrane(white)
Walls: Brick Veneer (Ebony), Stucco (SW6168 Moderne White, SW7018 Dovetail), Fiber Cement
Board Panel Siding(SW7069 Iron Ore), Wood(Rust)
Windows/Doors: Aluminum(Dark Bronze)
Fascia/Trim: Metal(SW7069 Iron Ore)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along State Highway
44 that will be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: There are existing street trees along State Highway 44.
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, 8% is proposed.
O. TRASH ENCLOSURES:
Two(2)245-square foot trash enclosures are proposed to be located north of the site near the east and
west property lines.Pursuant to the application,the enclosures are proposed to be constructed of CMU
walls and metal gates,however,no elevations of the trash enclosures were provided.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. 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 of the lighting has been
submitted. Detailed lighting cutsheets showing the style, color, illumination type, etc. has been
submitted and complies with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-62-21)has been
submitted for the approval of the master sign plan associated with this building.
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S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez (fka Eagle Water Company) water service area and within the boundaries of the
Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes—adjacent to State Highway 44
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.
Central District Health
Eagle Fire Department
Eagle Park,Pathway, and Recreation
Marathon Pipe Line,LLC
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;
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c. Is designed with adequate off street parkingfacilities in such a wayas to not interfere with
g q
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 PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 The commercial/retail buildings shall be constructed utilizing a style of architecture as shown
on Exhibit E. The multi-family building and commercial buildings shall be designed utilizing
four-sided architecture. Eagle Design Review Board approval of the detailed architectural plans
for the development is required prior to the issuance of building permits for the multi-family
and commercial/retail buildings.
3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail,restaurant, and bank uses allowed within Eagle City Code 8-2-3 "Official
Schedule of District Regulations"under the C-2 zoning designation. The commercial area shall
be limited to a maximum of 80,000-square feet of enclosed area(i.e.,enclosed with walls and
roof).No commercial building footprint shall exceed 30,000-square feet of enclosed area(i.e.,
enclosed with walls and roof).
3.9 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the General Business
District and Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3
"Official Schedule of District Regulations,"existing at the time a design review application or
conditional use permit application(whichever the case may be)is made for individual building
use.
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All uses shown as"P"permitted under the C-2 zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations,"shall be considered permitted uses
and all uses shown as"C"conditional uses under the C-2 zoning designation shall require a
conditional use permit.
3.10 The Restaurants(with drive through)shall be limited to Pads B,C,K,and N. Owner shall
provide a minimum forty-eight inch(48")buffer(berm,decorative block wall,cultured stone,
decorative rock,or similarly designed concrete wall)between the drive through lanes and the
adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes(i.e.
vehicle headlights and vehicle cueing).
3.12 The development is to incorporate public art,water features, or other features of interest and
pedestrian amenities which encourage pedestrian use(i.e.: outdoor drinking fountains,benches,
tables,etc.).The amenities shall be reviewed and approved by the Design Review Board prior
to the issuance of a Zoning Certificate.
3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule
of Parking Requirements.
3.19 Loading facilities shall be located on the northern side of structures to not be visible from State
Highway 44
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-7(J): Buffer Areas/Common Lots:
2. Minimum Requirements:
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.
3. Materials:
a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and
deciduous trees, shrubs,and ground cover in which evergreen plant materials comprise a
minimum of sixty percent(60%)of the total plant material used.
• Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping:
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.
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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.
4. Parking Lot Interior Landscaping:
b. Additional Requirements:
(1) No interior planter shall be less than five feet(5') in any dimension.
(2) No parking space shall be more than sixty feet(60')from an interior landscaped area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(5) A terminal island for a single row of parking spaces shall be landscaped with at least
one tree and shrubs, ground cover, or grass.A terminal island for a double row of
parking spaces shall contain not less than two(2)trees and shrubs,ground cover,or
grass.
D. DISCUSSION:
• The applicant is requesting design review approval to construct an 8,163-sqsuare foot multi-tenant
retail/restaurant building. The applicant's justification letter describes the building's design as
Italianate which is permitted within the EASD book. The justification letter states the overall
massing incorporates feature elements such as deeply recessed outdoor seating areas and iconic
tower elements and materials include brick veneer,stucco,and a wood-looking fiber cement board.
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 landscape plan shows the landscape area north and south of the two trash enclosures at 2 to 3-
feet wide and to be planted with Dwarf Feather Grass. Pursuant to Eagle City Code Section 8-2A-
7(J)(2)(c),a five foot wide by six foot high buffer is required around the trash enclosure. Pursuant
to Eagle City Code Section 8-2A-7(J)(4)(b)(1), no interior planter shall be less than 5-feet wide.
The applicant should be required to provide a revised site and landscape plan showing the
landscaped areas north and south of the two trash enclosures,a minimum of 5-foot wide and planted
with plantings that will screen the trash enclosure year round. The revised site and landscape plan
should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• The site plan shows two trash enclosures that are located north of the building near the east and
west property lines, however, elevations for the trash enclosures showing the materials and colors
was not received. The applicant should be required to provide elevations for the trash enclosures
showing the materials and colors that match the building. The trash enclosure elevations should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
• The site plan shows a sidewalk located near the southeast corner of the building that connect to the
existing 10-foot wide pathway that does not have a radius to transition to the 10-foot wide pathway.
The applicant should be required to provide a revised site plan showing the sidewalk located near
the southeast corner of the building to have a radius of no less than 8-feet to transition to the 10-
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foot wide pathway. The revised site plan 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 January 13, 2022.
The application was continued to January 27, 2022,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:
On January 13, 2022, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board had concerns regarding the building elevations, architectural style, and how the design
complemented the development agreement exhibits.
• The Board requested more information on the location of the utilities and details on the canopy.
BOARD DELIBERATION:
On January 27, 2022, upon completion of the applicant's and staffs presentations, the Board discussed
during deliberation that:
• The Board is in favor of the revised building elevations and proposed landscaping.
• The Board added a site specific condition to address the screening of the utilities and to get details on
the green screens.
BOARD DECISION:
The Board voted 3 to 1 (Duperault against,Lindgren and Mihan recused,Germano absent)to recommend
approval of DR-61-21 for a design review application for a multi-tenant retail/restaurant building within
East End Marketplace for Rennison Companies,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 February 10,2022.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 22,2022,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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-61-21 for a design review application for a multi-tenant
retail/restaurant building within East End Marketplace for Rennison Companies,with the following
Design Review Board recommended site specific conditions of approval and standard conditions of
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approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-06-16 and CPA-05-15 &RZ-11-15.
2. 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 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 details for the proposed green screens showing the color, height, materials, etc. The details
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
11. Provide additional details for the wall wash lighting proposed showing how it will be installed and what
angle it will be at. The lighting detail shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
12. Provide a revised south building elevation showing the location of the wall mounted utilities and the
proposed screening. The revised building elevation 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
permits or Certificate of Occupancy,whichever occurs first.
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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.
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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 fmal 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.
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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-61-21) 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 retail/restaurant building is permitted with the approval of
a design review application within the C-2-DA (General Business District 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 multi-tenant retail/restaurant building is
designed to complement the general vicinity;
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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 multi-tenant retail restaurant 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 retail/restaurant building has been designed with quality materials and the design is
consistent with the Italianate 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
multi-tenant retail/restaurant building complies with the Italianate style of architecture 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 multi-tenant retail/restaurant building is in conformance with the
required setbacks and the height does not exceed 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 an existing
pathway adjacent to State Highway 44, sidewalks in the front of the building, and vehicular access
is provided by a shared access point off of State Highway 44;
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-62-21),has
been submitted for the master sign plan criteria for the building and all signs 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 February 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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