Findings - DR - 2023 - DR-24-23 - Arts West Subdivision No 02 - An Office (Buisness and Professional) Building in Eagle Island Crossing BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR AN OFFICE )
(BUSINESS AND PROFESSIONAL)BUILDING )
IN EAGLE ISLAND CROSSING FOR ASPIRE )
REALTY GROUP )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-24-23
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 25,2023. 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:
Aspire Realty Group,represented by Walter Lindgren with Lindgren:Labrie Architecture,is requesting
design review approval for a 5,886-square foot office(business and professional)building within Eagle
Island Crossing.The 0.55-acre site is generally located northeast of State Highway 44 and North Fisher
Park Way at 62 North Fisher Park Way within Eagle Island Crossing (Lot 9, Block 2, Arts West
Subdivision No.2).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 31,2023. Revised information(site
plan,justification letter,DR checklist,cross parking agreement)was received May 17,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 4,2023,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7,2004,the Eagle City Council approved a Comprehensive Plan Amendment to
change the land use of the Comprehensive Plan Land Use Map from Residential One(up to one
dwelling unit per acre)to Commercial and Mixed Use,and a rezone from A-R(Agricultural
Residential)to C-2-DA(General business District with development agreement)and MU-DA(Mixed
Use with a development agreement)for this site(CPA-3-03 &RZ-8-03).
On April 12,2005,the Eagle City Council approved a preliminary plat for Symphony Subdivision(PP-
07-04).
On April 17,2007,the Eagle City Council approved a preliminary plat time extension for Symphony
Subdivision(PP-07-04).
On November 13,2007,the Eagle City Council approved a conditional use permit for a 43'-0"peak
of roof,building height exception request for the Arts West Music Academy building(CU-13-07).
On November 13,2007,the Eagle City Council approved the common area landscaping and Arts
West Music Academy building within Eagle Island Crossing(DR-67-07).
E. COMPANION APPLICATIONS: DR-25-23 (Aspire Realty Group signage).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant lot within Eagle
development agreement) Island Crossing
Proposed No Change No Change Office(business and
professional)building
North of site Neighborhood R-3-DA(Residential with a Residential Subdivision
development agreement) (Crossley Park)
South of site Mixed Use MU-DA(Mixed Use with a Office(business and
development agreement) professional)building for
Fulcrum Home Loans
East of site Large Lot R-1 (Residential) Residential Subdivision
(Colony Subdivision)
West of site Mixed Use MU-DA(Mixed Use with a Multi-tenant
development agreement) Retail/Restaurant Building
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 a parking lot, landscaping,
pathway adjacent to State Highway 44,and individual pad sites for future development on each of the
commercial lots within Arts West Subdivision Nos 1 and 2.
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.55-acres(23,958-SF) 5,000-square foot(minimum)
Percentage of Site Devoted 25%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 33%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 24-parking spaces onsite 24-parking spaces(minimum)
Front Setback(West) 36-feet 20-feet(minimum)
Rear Setback(East) 40-feet 40-feet(minimum)*
Side Setback(North) 25-feet 20-feet(minimum)*
Side Setback(South) 40-feet 7.5-feet(minimum)
*Setbacks required per development agreement condition no.2.3 for a required landscape buffer(CPA-03-03&RZ-08-03).
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K. PARKING ANALYSIS:
Gross Floor Area of Proposed Office(business and professional)building: 5,886-square feet
Office,business and professional— 1-parking space per 250-square feet of gross floor area
5,886-square feet/250=23.5-parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces per 250-square feet of gross floor area:
Proposed Parking Spaces: 24
Required Parking Spaces: 24 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Office,business and professional")
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as office (business and
professional).
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirty and one half foot(301/2')high single-story structure.
Gross Floor Area of Proposed Buildings:
The proposed office(business and professional)is approximately 5,886-square feet.
On and Off-Site Circulation:
A 4,510-square foot(approximately)paved parking lot will provide parking for vehicles using this site.
One 25-foot wide shared aisle is located on the shared south property line and shared with the property
to the south of this site. One 25-foot wide shared aisle is located on the shared west property line and
shared with the property to the west of this site. Both driveways provide access to North Fisher Park
Way.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Tudor
Roof: Architectural Shingle(Weathered Wood),Metal(Light Gray), Single-Ply(White)
Walls:Delta Milworks Accoya(Carbide),cementitious stucco(SW9087 Smoky Beige),Eldorado stone
veneer(Pioneer)
Windows/Doors: Aluminum(Bronze anodized)
Fascia/Trim:Fiber Cement Board(SW6082 Cobble Brown),Fiber Cement Board and Batten(SW7598
Sierra Redwood)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees north and east of the
proposed building within the buffer area 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: Street trees exist along State Highway 44.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
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a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 8%interior landscaping is required, 14%is proposed.
O. TRASH ENCLOSURES:
One(1) 128-square foot trash enclosure is proposed to be located near the northwest corner of the
building. 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 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 and detailed lighting cutsheets
were received and comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-25-23)has been
submitted for the approval of signs proposed on this building.
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.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees—yes,north and east of the proposed building
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.
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X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Assessor's Office
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2):Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic.considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
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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:
Mixed Use
Suitable for a mixture of uses including limited office,limited commercial and residential.Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis.Uses should complement and not take away from downtown Eagle.Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
6.5.2 Park Lane Design
B.Flint Estates Area
1. The Flint Estates area adjacent to State Highway 44 should be designed to provide
commercial uses that encourage pedestrian circulation from the residential and high
school areas, to complement the existing mixed-use area at State Street and Park
Lane(Camille Beckman)and planned new residential uses adjacent to the north.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.3 The development shall include a minimum forty-foot(40')wide buffer unless a twenty foot
(20')wide landscape buffer is approved(pursuant to Eagle City Code 8-3-3 D)for any
commercial uses located adjacent to any property with a residential zoning designation.
2.7 In accordance with ECC Section 8-2-1,this development agreement is considered in-lieu of
the PUD(except as condition in 2.12 below). Except for the limitations and allowances
expressly set forth above and the other terms of this Agreement,the uses which are shown as
permitted(P)or conditional(C)uses under the Mixed Use zoning designation within Eagle
City Code Section 8-2-3 "Official Schedule of District Regulations"shall be considered
permitted uses on Lots 5 and 8,Block 2.
Office,business and professional
2.10 Excluding the residential subdivision located on Lots 1 and 2,Block 1,all buildings require
the approval of the Design Review Board.The design of the buildings shall incorporate
residential elements to ensure compatibility with surrounding uses.All buildings shall be
designed in accordance with the Eagle Architecture and Site Design book(EASD)as set forth
in Eagle City Code Section 8-2A.
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
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expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5):Utilities:
b. The location and design of transformers,pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board.All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean"not visible" at the same
level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation
plan);
• Eagle City Code Section 8-2A-6(B)(7): Enclosed trash and recycle receptacle areas:
All commercial and multi-family developments shall provide for trash and recycle services and
shall include an enclosed area for the storage of trash and recycle receptacles.The area shall be
screened in accordance with section 8-2A-7(J)of this article.A waiver of this section may be
approved for small businesses that utilize ninety six gallon or smaller trash and recycle
receptacles provided the containers are stored indoors or are otherwise screened from view with
the use of a screen wall and landscaping.
• Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities:
A. Off street parking spaces required by this chapter for any specific use shall not be considered
as providing parking spaces for any other use except where a joint/collective parking facility
has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
e. If a public transit system serves the area,the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces,applicable to each use,shall be shown by the
applicant.
3. The city may require the applicant to submit survey data,or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located,but shall be located no further than that permitted by subsection 8-4-4-1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in
operation.
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6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use,approved by the city
attorney as to form and content,and such agreement,when approved as conforming to
the provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit,or prior to issuance of a certificate of occupancy,whichever occurs first.The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses
has not been provided;
d. A provision stating that the city council,may for due cause and upon notice and
hearing,unilaterally modify,amend,or tenninate the agreement at any time;and
e. Any other information required to be documented on such agreement by the city in an
effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent(20%)of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent(20%)of the sum of the number required for each use served unless a conditional
use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 5,886-square foot office
(business and professional)building.The applicant's justification letter states the design of the
building is Tudor style which is one of the nine architectural styles within the Eagle Architecture
and Site Design book.The justification letter also states the design is not a strict Tudor-style and
pulls elements from the nearby Sodalicious building and represents a much-needed transitional
design esthetic that honors the neighboring buildings design theme and scale but offers future
developments additional design queues.The building design also has a distinct residential scale of
the design. Staff defers comment regarding the building design 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 roof plan shows three rooftop mechanical units to be screened by parapet walls.Pursuant to
Eagle City Code Section 8-2A-6(A)(5)(b),roof mounted mechanicals are required to be screen
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from view at eye level by the parapet walls. The applicant should be required to provide a cross
section of the building showing the mechanical units in relation to the parapet walls screened
from view at eye level.The cross section of the building should be reviewed and approved by
staff prior to the issuance of a zoning certificate.
• The site has an existing pad for the trash enclosure that was approved and constructed with the
Arts West Subdivision common area landscaping(DR-67-07). The landscape plan shows 128-
square foot trash enclosure for this site which is consistent with the existing pad size. Eagle City
Code Section 8-2A-6(B)(7), states that all commercial is required to provide for trash and recycle
services and have an enclosed area for both the storage of trash and recycle receptacles. The
applicant should be required to provide a revised landscape plan showing an enclosed area for
both trash and recycle receptacles. The revised landscape 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 May 25, 2023, 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 building design,materials,and colors.
• The Board is in favor of the applicant utilizing the existing pad for the trash enclosure. The trash
enclosure is large enough to fit only trash or a smaller trash bin and recycling tote.
BOARD DECISION:
The Board voted 4 to 0(Lindgren and Mihan recused; Grubb absent)to recommend approval of DR-24-
23 for a design review application for an office(business and professional)building in Eagle Island
Crossing,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 and text shown with
strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. CPA-3-03/RZ-8-03/PP-7-04, CU-4-07,and DR-67-07
2. The cross section, date stamped by the City on May 25,2023,is approved.Providc a cross section of
issuance of a zoning certificate.
3.
fevised-landseape-plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
4. Provide written approval from the building's managing entity approving the architecture of the
building prior to the issuance of a zoning certificate.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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6. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building.
11. No signs are proposed with this application and none are 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.
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
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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
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
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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. 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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-24-23) 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 an office (business and professional) building is permitted with the
approval of a design review application within the MU-DA (Mixed Use with a development
agreement)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed office (business and professional)
building 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 has been designed with onsite parking;
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 to meet the Tudor 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 building is
designed to be harmonious with other surroundings buildings;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the building 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 been
designed with sidewalks;
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 building, and will not cover nor detract from
desirable architectural features.
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DATED this 8'day of June 2023.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
/77___ -"--L_____--- ---- --
Robert Grubb, Chairman
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Tracy E. O , Eagle City Clerk
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