Findings - DR - 2022 - DR-48-22 - Eagle River Development - Multi-Tenant Retail/Restaurant Building Within Eagle River Development BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MULTI-TENANT )
RETAIL/RESTAURANT BUILDING WITHIN )
EAGLE RIVER DEVELOPMENT FOR EAGLE )
RIVER DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-48-22
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 11,2022. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Tom Bobo with Eagle River Development, represented by Jesse Walker with CSHQA, is requesting
design review approval for a 2,000-square foot, multi-tenant retail/restaurant building within Eagle
River Development. The 0.45-acre site is located on the east side of North Eagle Road approximately
118-feet south of East Riverside Drive at 101 East Riverside Drive (Lot 30, Block 4, Mixed Use
Subdivision No.6).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 8,2022.
C. NOTICE OF AGENCIES'REVIEW:
Requests for agencies'reviews were transmitted on June 17,2022,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a comprehensive plan amendment from
public/semi-public to commercial and from medium density residential to commercial, mixed use,
public/semi-public & a rezone from A (agriculture) and M-1A (Industrial Park District) to PS-DA
(Public/Semi-Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA
(Mixed Use)with a development agreement(including a concept plan)for Eagle River,LLC(CPA-01-
98&RZ-02-98).
On April 10,2001,the Eagle City Council approved a design review application for the common area
landscaping within Eagle River Subdivision for Eagle River,LLC(DR-70-00).
On July 23,2002,the Eagle City Council approved a design review application for the master sign plan
for Eagle River Development(DR-15-02).
On March 11, 2003, the Eagle City Council approved a rezone from C-1 (Neighborhood Business
District)to C-3-DA(Highway Business District with a development agreement)(RZ-06-02).
On October 12, 2010, the Eagle City Council approved a design review application and waiver for a
modification to two multi-tenant monument signs for Eagle River Development(DR-15-02 MOD/WA-
01-10).
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On August 26,2014,the Eagle City Council approved a combined preliminary and final plat for Mixed
Use Subdivision No. 6(PP/FP-02-14).
On August 15,2016,the City approved a design review application to modify the master sign plan for
Eagle River Development(DR-15-02 MOD2).
On January 9,2017,the City approved a design review application to modify the master sign plan for
Eagle River Development(DR-15-02 MOD3).
For additional property history see: PP-14-00, FP-13-01, PP/FP-01-01, PP/FP-03-02, PP/FP-4-02,
PP-1-03, and FP-12-03.
E. COMPANION APPLICATIONS: DR-49-22(signage).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA(Highway Business Vacant lot within Mixed
District with a development Use Subdivision No. 6
agreement)
Proposed No Change No Change Multi-tenant
Retail/Restaurant Building
North of site Commercial C-3-DA(Highway Business First Tech Credit Union
District with a development
agreement)
South of site Commercial C-3-DA(Highway Business Hilton Garden Inn
District with a development
agreement)
East of site Commercial C-3-DA(Highway Business Parking lot associated with
District with a development Hilton Garden Inn
agreement)
West of site Commercial C-1 (Neighborhood Business Eagle Road/Multi-tenant
District) building in Channel Center
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb,gutter,and sidewalk,a pathway adjacent to South Eagle Road,
and parking spaces as part of the Eagle River Development.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.45-acres(19,602-square feet) 1,300-square feet
Percentage of Site Devoted 10%(approximately) 92%(maximum)
to Building Coverage
Percentage of Site Devoted 27%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 25-parking spaces 14-parking spaces(minimum)
Front Setback(East) 64-feet 0-feet(minimum)
Rear Setback(West) 21-feet 20-feet(minimum)
Side Setback(North) 50-feet 0-feet(minimum)
Side Setback(South) 22-feet 0-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Retail/Restaurant Building: 2,000-square feet
Retail— 1 parking space per 250-square feet of gross floor area 2,000/250=8-parking spaces
Restaurant— 1 parking space per 150-square feet of gross floor area 2,000/150= 13.3-parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
retail and 1 parking space per 150-square feet of gross floor area for restaurant:
Proposed Parking Spaces: 25
Required Parking Spaces: 14 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Retail"and"Restaurant")
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-one foot(21')high single-story structure.
Gross Floor Area of Proposed Buildings:
The proposed multi-tenant retail/restaurant building is approximately 2,000-square feet.
On and Off-Site Circulation:
There is an existing 7,407-square foot (approximately) paved parking lot that provides parking for
vehicles using this site. One 24-foot wide shared drive aisle is located on the east property line and
shared with the property to the south of this site. One 24-foot wide drive aisle is located north of the
proposed building and shared with the property to the north of the site. Both drive aisle provide access
to a shared driveway on East Riverside Drive.
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M. BUILDING DESIGN FEATURES:
Proposed Building Design:Eagle River"Design Guidelines"
Roof: TPO(White)
Walls: Western Red Cedar(natural clear stain),stucco(White,Tan/Beige),stone(Fieldstone)
Windows/Doors: Aluminum(clear anodized,clear)
Fascia/Trim: Aluminum(Dark Bronze/Black)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:There are existing trees adjacent to the existing
sidewalk east of the proposed building and existing trees within the parking lot interior landscape
islands that will be retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: There are no street trees associated with this site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
There is existing perimeter landscaping around the perimeter of the parking lot.
b. Interior Landscaping: 8%interior landscaping is required,9%is proposed.
O. TRASH ENCLOSURES:
One 200-square foot trash enclosure is proposed to be located on the west side of the northern drive
aisle. The enclosure is proposed to be constructed of CMU walls with stucco overlay 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 screen walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
Building elevations showing the light fixture locations and heights and detailed lighting cutsheets have
been received and comply with Eagle City Code Section 8-4-4-2. There are existing parking lot lights
that were installed with the hotel and bank within this area of the Eagle River development.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-49-22)has been
submitted for the approval of the master sign plan for signs proposed on this building and on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia 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.
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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.
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Fish and Game 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;
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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 DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
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:
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).
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.
D. DISCUSSION:
• The applicant is requesting design review approval for a 2,000-square foot, multi-tenant
retail/restaurant building.The applicant's justification letter states the building design utilizes stone
that matches the stone located on the Hilton Garden Inn,wood and stucco provide a modern finish
with traditional elements, and the materials proposed on the building are consistent with the other
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buildings in the surrounding settings meeting the requirements of the Eagle River "Design
Guidelines." Staff defers comments 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.
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 August 11,2022,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the proposed design,materials,and colors of the multi-tenant building.
• The Board is in favor of the proposed landscaping with the addition of site specific condition nos. 9,
10, 12,and 13.
BOARD DECISION:
The Board voted 6 to 0(Lindgren absent)to recommend approval of DR-48-22 for a design review
application for a multi-tenant retail/restaurant building within Eagle River Development for Eagle River
Development,with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-06-02 and DR-70-00.
2. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. 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.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
6. No ground mounted mechanical units are proposed with this application and none are approved.
7. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building.
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8. No signs are proposed with this application,and none are approved.
9. Provide revised building elevations showing the location of the electrical and gas meters to be located
on the south building elevation. The revised building elevations shall be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
10. Provide a revised landscape plan showing the patio surface,material,and color.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.
11. The building and site shall be constructed in conformance with Eagle City Code Title 10,Flood Control.
12. Provide a revised landscape plan showing the correct symbols andplants on the plan and in the plant
legend, call out the mulch and edging, and show a 5-foot wide landscape buffer around the trash
enclosure.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.
13. Provide a revised site plan showing the modifications to the sidewalk, accessible parking spaces, and
trash enclosure location as shown at the August 11,2022,Design Review Board meeting.The revised
site plan 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.
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
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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.
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."
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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.
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,
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-48-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
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-3-DA (Highway 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 multi-tenant building is designed to complement
the general vicinity and provide aesthetically pleasing architecture to enhance the character of the
area;
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 meets the required parking for a multi-
tenant retail/restaurant building and the drive aisles have been design in conformance with Eagle
City Code 8-4-5;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
proposed multi-tenant building has been designed with quality materials and similar features
utilized on other buildings within the development,complies with the architectural style identified
in the development agreement,and will enhance the character of the area;
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 has been designed with quality materials and similar features
utilized on other buildings within the development and are in conformance with the architectural
style approved within the development agreement;
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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 building is in conformance with the required
setbacks and height restriction as allowed within the conditional use permit;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development;
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 area;and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the building, and will not cover or detract from
desirable architectural features.
DATED this 25th day of August 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
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Page 12 of 12
K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Eagle River DR-48-22U4ulti-tenant Bldg in Eagle River drEdocx