Findings - CC - 2018 - DR-38-18 - Dr To Construct An Office Building In Ashbvury Business Park No. 2BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT AN OFFICE )
BUILDING WITHIN ASHBURY BUSINESS
PARK NO. 2 FOR BITTERROOT HOLDINGS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -38-18
The above -entitled design review application came before the Eagle City Council for their action on
September 11, 2018. 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:
Bitterroot Holdings, represented by Aurora Riopelle with LCA Architects, is requesting design review
approval to construct a 5,000 -square foot office building. The 0.64 -acre site is located on the south
side of the intersection of South Brandenberg Avenue and West Bavaria Street on Lot 3, Block 1,
Ashbury Commercial Subdivision (fka Ashbury Business Park Subdivision No. 2).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 11, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 11, 2018, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved a comprehensive plan amendment from Transitional
Residential (Ada County designation) to Professional Office for a portion of this original site (CPA -
09 -06).
On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) and
preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52 -acre site is
located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at
6615 North Meridian Road (A-19-06/RZ-25-06 and PP -19-06).
On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park No. 1
for Capital Development, Inc. (FP -08-07).
On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2 for
Capital Development, Inc. (FP -01-08).
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment
changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and
Professional Office to Commercial for the property located on the northeast corner of Linder Road and
Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is
contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban
Transition) to C -3 -DA (Highway Business District with a Development Agreement) (CPA -5-08 & A -
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K:1Planning I)cpt\liagk Applications11h1201811)R-38-18 Bitterroot Office Bldg in Ashbury BP No. 2 ccf.docx
03-08 & RZ-8-08).
On November 25, 2009, the Eagle City Council approved a de -annexation of this property (Ordinance
614).
On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) for
Capital Development, Inc. (A-04-09/RZ-04-09).
On June 25, 2013, the City Council approved a development agreement modification and preliminary
plat for Ashbury Subdivision a 246 -lot (214 -buildable, 13 -commercial and 19 -common) subdivision
for SCS Brighton, LLC (RZ-04-09 MOD/PP-02-13).
On September 10, 2013, the City Council approved the final plat for Ashbury Subdivision No. 1 for
SCS Brighton, LLC (FP -12-13).
On March 13, 2014, the Design Review Board approved the common area landscaping within Ashbury
Business Park No. 1 for SCS Brighton LLC (DR -08-14).
On March 22, 2016, the Eagle City Council approved an extension of time for the final plat for Ashbury
Business Park Subdivision No. 1 (EXT -03-16).
On May 12, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping within Ashbury Business Park No. 1 (DR -23-16).
On October 24, 2017, the Eagle City Council approved a design review application for Ashbury
Business Park Subdivision No. 2 (DR -42-17).
On November 16, 2017, the Eagle City Council approved a final plat application for Ashbury Business
Park Subdivision No. 2 (FP -19-17).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Transitional Residential
No Change
Residential Estates
South of site Mixed Use (Meridian
designation)
East of site
West of site
Professional Office
Transitional Residential
and Mixed Use
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement)
No Change
MU -DA (Mixed Use with a
development agreement)
TN -C (Traditional
Neighborhood — Center —
Meridian designation)
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with a
development agreement) and
R1 Estate Residential (Ada
County designation)
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K:I'Ianning DeptlliagL Applications111r12(I I81DR-38.111 Bitterroot (Mice Bldg in Ashbury BP No. 2 ccf.docx
LAND USE
Vacant land
Office Building
Ashbury Subdivision
Chinden Boulevard/Vacant
Land
Castlebury West Business
Park Subdivision, Deltoid
Subdivision No. 2
Proposed Streamside
Assisted Living and
Foxtail Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk
and an 8 -foot wide planter strip with street trees and grass along West Bavaria Lane.
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.64 -acres (27,819 -SF) N/A
Percentage of Site Devoted 18% (approximately) 50% (maximum)
to Building Coverage
Percentage of Site Devoted 15% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 38 -parking spaces 20 -parking spaces (minimum)
Front Setback 166 -feet (East) 20 -feet (minimum)
Rear Setback 18.5 -feet (West) 20 -feet (minimum)
Side Setback 8.5 -feet (North) 7.5 -feet (minimum)
Side Setback 10 -feet (South) 7.5 -feet (minimum)
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Office: 5,000 -square feet
Office, Business and Professional — 1 parking space per 250 square feet of gross floor area = 20
parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces per 250 square feet of gross floor area
Proposed Parking Spaces: 38
Required Parking Spaces: 20 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Office, Business and Professional")
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as an office.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 32 -foot high two story structure.
Gross Floor Area of Proposed Buildings:
The proposed office building is approximately 5,000 -square feet.
On and Off -Site Circulation:
A 54,192 -square foot (approximately) paved parking lot will provide parking for vehicles using the
nine (9) pad sites within Ashbury Business Park Subdivision No. 2. Two twenty-four foot (24') wide
shared driveways are located on the north property line providing access to West Bavaria Street.
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L. BUILDING DESIGN FEATURES:
Roof: Asphalt Single (Dark Gray)
Walls: Stucco (Moonlight), Stone veneer (Echo Ridge Country Ledgestone)
Windows/Doors: Bronze Anodized Aluminum
Fascia/Trim: White maple (Nutmeg)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Bavaria Street.
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: 10% interior landscaping is required, 11% is proposed.
N. TRASH ENCLOSURES:
One (1) 254 -square foot trash enclosure is proposed to be located near the north property line between
the two (2) shared driveways on Bavaria Street. The enclosure is proposed to be constructed of CMU
walls with stone veneer, a concrete cap and bronze metal gates; all of which will match the materials
and colors used in the construction of the future buildings.
O. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened by landscaping.
P. OUTDOOR LIGHTING:
The electrical plan shows the location of the building lighting. Detailed cut sheets of the proposed
lighting have been provided.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved prior to any signs being constructed on the building or site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Meridian Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
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K:Wlanning Ikpt\Eagit Applications DA2O1811)R-38-18 Bitterroot Office Bldg in Ashbury Bk' No. 2 ccGdot x
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Park, Pathway, and Recreation
Idaho Transportation Department
Meridian Fire Department
X. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THiS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Resideritial'Transitivii'Ove lav
Residential development that provides for a transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced or units may be clustered to increase open space within a portion of a site
when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 All commercial development within the Property shall be consistent with the Eagle Architecture
and Site Design Book. The Concept Plan shows the general nature and relative location of
certain improvements on the Property. It is the intent of this Agreement is to allow sufficient
flexibility at the time a detailed plan and platting are submitted to Eagle, while maintaining the
general intent of the Concept Plan with the requirements set forth in this Agreement.
3.11 Commercial Building placement shall be designed such that parking areas are not concentrated
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between the buildings and roadways of a collector status or higher. All building shall be
provided with architectural design elements and architectural relief in keeping with the
proposed architectural styles contained in Castlebury West Business Park.
3.11.1 All commercial structures within the Property shall be constructed utilizing architecture
consistent with the Castlebury West Business Park. All commercial development within
the Property shall be consistent with the Castlebury West Business Park and be
consistent with the Eagle Architecture and Site Design Book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans is required
prior to the issuance of building permits for multi -family residential and
commercial/retail buildings.
3.11.2 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns
that may arise.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks
Note Conditions A To E*
Zoning Maximum Interior Street Maximum Lot
District Height Front Rear Side Side Covered F And J*
MU 35' 20' 20' 7.5' 20' 50%
• 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 to construct a 5,000 -square foot office
building within Ashbury Commercial Subdivision (fka Ashbury Business Park Subdivision No.
2). The parking lot and interior parking lot landscaping is proposed to be installed by the
developer of Ashbury Commercial Subdivision. The applicant's justification letter indicates the
architectural style of the building is Craftsman as identified within the EASD Book with the use
of stone, stucco and heavy timbers with symmetrical sash windows.
• The applicant is proposing to construct the building 18.5 -feet east of the west property line.
Pursuant to Eagle City Code, the minimum rear setback in a mixed use zone is 20 -feet. The
applicant should be required to provide a revised site and landscape plan showing the building a
minimum of 20 -feet east of the west property line. The revised site and landscape plan should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 9, 2018, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 2:15:04)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the building design, colors, and materials.
• The Board is in favor of the additional height to the wainscoting around the second -floor columns on
the east and west building elevations.
BOARD DECISION:
The Board voted 4 to 0 (Grubb, Schafer, and Koci absent) to recommend approval of DR -38-18 for a
design review application to construct an office building for Bitterroot Holdings, 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 August 23, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 11, 2018, at
which time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -38-18 for a design review application to construct an office
building for Bitterroot Holdings, with the following Design Review Board recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-04-09 MOD/PP-02-13.
2. Comply with all applicable conditions of DR -42-17.
3. Provide a revised site and landscape plan showing the building, including the patio columns, a
minimum of 20 -feet east of the west property line. The revised site and landscape plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. 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.
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6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
10. Provide a revised landscape plan showing additional landscaping on the south and west sides of the
ground mounted mechanical units located on the west side of the building. 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 elevation plan, date stamped by the City on August 9, 2018, showing additional stone
wainscoting on the upper gable element on the east and west building elevations is approved.
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
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.
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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."
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
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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
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
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
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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 -38-18) 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 an office is permitted with the approval of a design review application
within the MU -DA (Mixed Use with a development) 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 office 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
uses as anticipated within the zoning district since the site meets the required parking for an office
building and the drive aisles have been designed in conformance with Eagle City Code Section 8-
4-3;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
building has been designed with quality materials and similar features 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
building will have similar features utilized on other buildings within the area and the building
design is "craftsman" style which is one of the nine architectural styles within the Eagle
Architecture and Site Design Book;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions;
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 there are sidewalks
throughout the development and the parking lot has been designed with connectivity to the public
streets;
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K:U'lanning IkptU:ag c ApplicationsU)A l)I U)R-38-I8 Bitterroot OIticc Bldg in Ashbury BI' No. 2 cct.docx
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the development, and will not cover nor detract from
desirable architectural features.
DATED this 11''' day of September 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
flia.tasidE,L Way, I'
M:r�in�a
ATTEST:
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Sharon K. Bergmann, Eagle City Cle k
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Reconsideration Notice Applicant has the right. pursuant to Section 67-0535. Idaho Code. to request a reconsideration within
fourteen 1141 days of the final written decision.
Page 12 of 12
K\Nanning Dept\I aglc Appltcautm,\I n\2(111i11)11-;S-IK limen •t f11Lice llk] m Astttu y BP No 2 l J�nt