Findings - CC - 2023 - DR-50-23 - Design Review for an Office (Business/Professional) Building within Ashbury Business Park Subdivision No. 1 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR AN OFFICE )
(BUSINESS/PROFESSIONAL)BUILDING )
WITHIN ASHBURY BUSINESS PARK )
SUBDIVISION NO. 1 FOR JAMES CLYDE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-50-23
The above-entitled design review application came before the Eagle City Council for their action on
November 28,2023. 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:
James Clyde,represented by Jason Martin, is requesting design review approval of a 3,978-square foot
office(business and professional) building. The 0.419-acre site is located on the northwest corner of
West Bavaria Street and North Meridian Road at 3226 West Bavaria Street(Lot 1, Block 1, Ashbury
Business Park No. 1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 8, 2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 20, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
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 May 12, 2016, the Design Review Board approved a design review application for the common
area landscaping,trash enclosure,and parking on Lots 1-4,Block 1,within Ashbury Business Park No.
1 (DR-23-16).
On November 10,2016,the Design Review Board approved a design review application to construct a
3,024-square foot office building on Lot 2, Block 1, within Ashbury Business Park Subdivision No. 1
(DR-60-16).
On November 28, 2017,the City Council approved a design review application for a master sign plan
and multi-tenant monument sign for Ashbury Business Park Subdivision No. 1 (DR-49-17).
On March 27, 2018, the City Council approved a design review application for an office
(medical/dental) building on Lots 3 and 4, Block 1, within Ashbury Business Park Subdivision No. 1
(DR-02-18).
For additional property history see: CPA-09-06, A-19-06/RZ-25-06 & PP-19-06, FP-08-07, FP-01-
08, CPA-5-08&A-03-08& RZ-8-08, A-04-09/RZ-04-09, RZ-04-09 MOD/PP-02-13, FP-12-13, EXT-
03-16.
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E. COMPANION APPLICATIONS: DR-51-23 (sign application).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Professional MU-DA(Mixed Use with a Vacant
Office/Business Park development agreement)
Proposed No Change No Change Office
(Business/Professional)
Building
North of site Professional MU-DA(Mixed Use with a Office
Office/Business Park development agreement) (Business/Professional)
Building
South of site Professional MU-DA(Mixed Use with a Castlebury West Business
Office/Business Park development agreement) Park No. 1
East of site Large Lot Residential R-1 (Residential) Castlebury West
Subdivision No. 1
West of site Professional MU-DA(Mixed Use with a Office(Medical/Dental)
Office/Business Park development agreement) 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,trash enclosure,and interior parking lot landscaping as
part of Ashbury Business Park Subdivision No. 1 (DR-23-16).
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.419-acres(18,252-SF) 0.11-acres(5,000-square feet)
(minimum)
Percentage of Site Devoted 22%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 44% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 16-parking spaces 16-parking spaces(minimum)
Front Setback(West) 81-feet 20-feet(minimum)
Rear Setback(East) 28-feet 20-feet(minimum)
Side Setback(South) 20-feet 20-feet(minimum)
Side Setback(North) 8-feet 4-inches 7.5-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Office:,3,978-square feet
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
office(business and professional).
Proposed Parking Spaces: 16
Required Parking Spaces: 16 (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 an office building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirty-three foot and three inch high single-story structure.
Gross Floor Area of Proposed Buildings:
The proposed office building is approximately 3,978-square feet.
On and Off-Site Circulation:
An 18,000-square foot (approximately) existing paved parking lot provides parking for vehicles
accessing this site as well as all four(4)commercial lots within Ashbury Business Park No. 1.The four
(4) commercial lots have both cross-access and cross-parking for the parking lot. Two 26-foot wide
shared driveways are located on the south property line providing access to West Bavaria Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: English Cottage
Roof: Asphalt shingle(Black)
Walls: Stucco(Drift of Mist), Stone Veneer(Harristone White Sand)
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Windows/Doors: Vinyl(Black)
Fascia/Trim: Fiber Cement(Iron Ore)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees within the parking lot
and along West Bavaria Street and North Meridian Road.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees were installed along West Bavaria Street and North Meridian Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:No Change
O. TRASH ENCLOSURES:
The existing trash enclosure was reviewed and approved with the design review application for the
common area landscaping and parking lot on Lots 1-4,Block 1,within Ashbury Business Park No. 1
(DR-23-16).
P. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical
units are proposed to be screened by landscaping.
Q. OUTDOOR LIGHTING:
The parking lot lighting exists and was installed with the common area landscaping and construction
of the parking lot associated with Ashbury Business Park No. 1. A building lighting plan showing
location, height, and wattage is required to be reviewed and approved by the Zoning Administrator
prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-51-23)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-no
Riparian Vegetation-no
Steep Slopes-no
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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
Eagle Historic Preservation Commission
Eagle Sewer District
Idaho Transportation Department
Meridian Fire Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
I. 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
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and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'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:
Professional Office/Business Park
Suitable primarily for the development of technical park/research and development facilities,
professional office/office complexes, and limited manufacturing activates, including small-scale
production,distribution,and storage of goods. Support activates may also be permitted. Retail may be
permitted as an ancillary use within this land use category. Smaller medical uses such as dentist offices
and other outpatient clinics are also encouraged.All development within this land use shall be designed
to be within a landscaped setting and be free of hazardous or objectionable elements such as noise,
odor, dust smoke, or glare. Such development should be operated entirely within enclosure structures
and generate minimal industrial traffic. Development within this land use designation should be
required to proceed through the PUD process.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.3 All commercial development within the Property shall be consistent with the Castlebury West
Business Park architectural style and be generally 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 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.
3.4 Applicant shall develop the Property subject to the conditions and limitations set forth in this
Agreement and the Findings of Fact and Conclusions of Law approved by the City Council.
Applicant shall also submit such applications for design review,preliminary and final plat reviews,
and/or any conditional use permits, if applicable, and any other applications as may be required
by the Eagle City Code in effect as of the Effective Date of this Agreement.
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3.6 Except as otherwise provided within this Agreement,Applicant shall comply with the Eagle City
Code in effect as of the Effective Date of this Agreement(excluding building codes adopted after
the Effective Date);provided,however, if,following the Effective Date,the permitted uses of the
MU-DA zone are expanded, such expanded uses shall be allowed in the Property and included in
this Agreement or portions thereof. If preliminary and final plats are not submitted in a timely
manner as set forth in this agreement the Eagle City Code effective at the time of submittal of said
untimely plats shall apply thereto.
3.7 The 110+/- acre site of the Property shall consist of approximately 107-acres of residential use
(single-family and multi-family units) and approximately 5.0-acres of non-residential uses as
described below.
3.7.1 Non-Residential(Commercial)Mixed Use.Commercial uses shall be limited to those uses
that complement or are ancillary to the Castlebury West Business Park and are otherwise
limited to the following uses,which may be constructed without a Conditional Use Permit:
• Banks/financial institutions(no drive-up service)
• Beauty/Barber Shop
• Catering Service(no restaurants)
• Day Spa
• Office,business and professional
• Office,medical and professional
• Artist Studios
• Clinic
• Daycare Center
• Personal Improvement
• Home and Business services
• Laboratories
• Pharmacies and Medical Sales(no drive thru service)
• Photographic Studio
• Printing/Blueprinting
• Professional activities
• Travel Services
• Research and Development
• Research Activities
• Christmas Tree Sales(only until building on the property has begun)
• No Drive up or Drive thru services are allowed.
3.9 The Property shall comply with all parking requirements pursuant to the Eagle City Code in effect
as of the Effective Date of this Agreement unless otherwise set forth in this Agreement.
3.11 Commercial Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher.All buildings 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.
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To assure compliance with this condition, Applicant shall create an architectural control
committee ("ACC") as a component of the Property's restrictive covenants ("CC&Rs").
Provisions regarding the creation and operating procedures of the ACC shall be included
in the CC&Rs, and shall be reviewed and reasonably approved by the Eagle City attorney
prior to the approval of the first final plat.
The submittal of the building permit application to Eagle for each commercial building
within the development shall be accompanied by an approval letter from the ACC.Building
permit applications that do not have an approval letter attached will not be accepted.
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.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 3,978-square foot office(business
and professional)building within Ashbury Business Park No. 1. As stated within the applicant's
narrative, the architectural style of the office building is English Cottage as identified within the
Eagle Architecture Site and Design Book. The exterior finish is primarily stucco with stone walls
and accents. The roof incorporates steep gables with a strong visual presence. Windows have been
mulled and incorporate mullions/grids.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The landscape plan, Sheet L-1.0, does not reflect the building footprint, sidewalk on the north
building elevation,or the ground mounted mechanical unit as shown on site plan, Sheet AS 1. The
applicant should be required to provide a revised landscape plan showing the correct building
footprint,the sidewalk on the north side of the building, and the ground mounted mechanical unit
proposed on the north side of the building. The revised landscape plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
• The elevation plans, Sheets A-3.1 and 3.2, indicate soffit LED can lighting are to be used on the
building and shall not exceed 3,000 Kelvin. The applicant should be required to provide a lighting
plan showing the location of all recessed soffit lighting and detailed cutsheets of the recessed light
fixtures showing the style,color,etc. The lighting plan and detailed cutsheets 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 October 26, 2023,
at which time the Board made their decision.
BOARD DELIBERATION:
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Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the design, materials, and colors of the office building as submitted with the
addition of site specific condition number 10,requesting the addition of a gabled roof over the covered
patio to break-up the large roof area on the east building elevation.
• The Board is in favor of the proposed landscaping.
BOARD DECISION:
The Board voted 4 to 0(Grubb, Duperault, and Mihan absent)to recommend approval of DR-50-23 for a
design review application for an office(business/professional)building within Ashbury Business Park No.
1g, 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 November 9,2023.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on November 28, 2023, at
which time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-50-23 for a design review application for a design review
application for an office (business/professional) building within Ashbury Business Park No. 1, 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 DR-08-14 and DR-23-16.
2. Provide a revised landscape and site plan showing the correct building footprint, the sidewalk on the
north side of the building, and the ground mounted mechanical unit proposed on the north side of the
building. The revised landscape and site plans shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
3. Provide a lighting plan showing the location of all recessed soffit lighting and detailed cutsheets of the
recessed light fixtures showing the style, color, etc. The lighting plan and detailed cutsheets 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.
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 building elevation showing the covered patio with the hip roof on the east building
elevation to be a gable roof(similar to the gables on the west building elevation). The revised building
elevation shall be reviewed and approved by staff and one member of the Design Review Board prior
to the issuance of a zoning certificate.
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11. Provide revised plans showing additional fenestration on the north building elevation, if the required
fire separation distance can be met pursuant to Idaho Building Code. The revised building elevation
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
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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
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.
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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 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.
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K:\Planning Dept\Fagle Applications\Dr\2023\James Clyde Office Bldg DR-50-23Uames Clyde Office Bldg Findings CC.docx
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-50-23) 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 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(business/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/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 English Cottage 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 surrounding 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 the 35-feet permitted within Eagle City Code;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has a sidewalk
that provides access to the building and other buildings within the vicinity;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
Page 13 of 14
K:\Planning Dept\Eagle Applications\Dr\2023Vames Clyde Office Bldg DR-50-23Uames Clyde Office Bldg Findings CC docx
DATED this 28th day of November 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jas 'erce,Mayor
',,,, j",%
ATTEST: o``�.1 OF Eq•..••••.��� :
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Tracy E.Os agle City Clerk : SEAL ;
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1 OF ,,,.
Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis.
Page 14 of 14
K:\Planning Dept\Eagle Applications\Dr\2023\James Clyde Office Bldg DR-50-23\James Clyde Office Bldg Findings CC.docx