Findings - CC - 2019 - DR-03-19 - Multi-Tenant Personal Improvement/Restaurant/Retail BuildingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A
MULTI -TENANT PERSONAL IMPROVEMENT
/RESTAURANT/RETAIL BUILDING FOR
TRAVIS BARNEY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -03-19
The above -entitled design review application came before the Eagle City Council for their action on March
12, 2019. 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:
Travis Barney, represented by Jeff Likes with ALC Architecture, is requesting design review approval
to construct a 10,200 -square foot multi -tenant personal improvement/restaurant/retail building. The
1.39 -acre site is located within Eagle Island Marketplace, 240 -feet north of West Chinden Boulevard
and 775 -feet east of North Linder Road at 1240 West Chinden Boulevard (Lot 9, Block 1, Lazy P
Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 10, 2019. Revised materials (site
and landscape plans) were received by the City on January 17, 2019.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 22, 2019, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text
amendment and annexation and a rezone with development agreement for this site (CPA -5-08 & A-03-
08 & RZ-08-08).
On July 14, 2009, the Eagle City Council approved a design review application for the common area
landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8) multi -tenant
retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island Marketplace) (DR -13-09).
On July 14, 2009, the Eagle City Council approved a design review application for the master sign plan
including one entry feature sign, four multi -tenant monument signs, and ten single -tenant monument
signs for Eagle Island Marketplace (DR -14-09).
On November 10, 2010, the Ada County Board of County Commissioners approved a comprehensive
plan amendment, rezone with development agreement, master site plan and preliminary plat for Eagle
Island Marketplace (CPA -05-08, A-03-08, and RZ-08-08).
On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation and
rezone with development agreement of the property associated with Eagle Island Marketplace.
Ordinance No. 652 also recognized the vested development rights associated with the approved Ada
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County preliminary plat application number 201000571-S.
On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P
Subdivision (FP -01-11).
On April 5, 2012, the City approved a modification to the master sign plan for Eagle Island Marketplace
to increase the height and square footage of the two multi -tenant signs along Chinden Boulevard to 25 -
feet in height and 197 -square feet (DR -14-09 MOD).
E. COMPANION APPLICATIONS: DR -04-19 (Master Sign Plan)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use C -3 -DA (Highway Business Vacant parcel within EIMP
District with a development
agreement)
Proposed No Change
North of site Mixed Use
South of site Mixed Use
East of site Mixed Use
West of site Mixed Use
No Change
Multi -tenant Personal
Improvement/Restaurant/
Retail Building
C -3 -DA (Highway Business Vacant parcel within EIMP
District with a development
agreement)
C -3 -DA (Highway Business O'Reilly Auto Parts
District with a development
agreement)
MU -DA (Mixed Use with a Reynard Subdivision
development agreement)
C -3 -DA (Highway Business
District with a development
agreement)
Frey Meyer parking lot,
Commercial Tire
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The west area of the site has been developed with paved parking and landscaping. The south and east
area of the site has been developed with curb, gutter, and parking lot lighting.
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I. SITE DATA:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
PROPOSED
1.39 -acres (60,548 -square feet)
17% (approximately)
17% (approximately)
56 -parking spaces total
48 -parking spaces onsite
8 -parking spaces adjacent to the site
Front Setback 98 -feet (South)
Rear Setback 10 -feet (North)
Side Setback 57 -feet (East)
Side Setback 45 -feet (West)
J. PARKING ANALYSIS:
REQUIRED
1,300 -square feet (minimum)
92% (maximum)
10% (minimum)
48 -parking spaces (minimum)
0 -feet (minimum)
0 -feet (minimum)
0 -feet (minimum)
0 -feet (minimum)
Gross Floor Area of Proposed Multi -tenant Personal Improvement/Restaurant/Retail Building: 10,200 -
square feet
Personal Imurovement/Retail — 1/250 -square feet 7,500/250 -square feet = 30 parking spaces
Restaurant — 1/150 -square feet 2,700/150 -square feet = 18 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250 square feet of gross floor area for
retail or personal improvement and 1 parking space per 150 square feet of gross floor area for a
restaurant:
Proposed Parking Spaces: 48 (onsite); 8 (adjacent to the site available for use per shopping center
CC&R' s)
Required Parking Spaces: 56 -total (48 -onsite; 8 -adjacent to the site available for use per shopping
center CC&R's) (calculated based upon the above use identified in Eagle City Code Section 8-4-5:
"Personal Improvement," "Restaurants," and "Retail sale")
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a multi -tenant
retail/restaurant/personal improvement building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 29 -foot high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed personal improvement/retail/restaurant building is approximately 10,200 -square feet.
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On and Off -Site Circulation:
A 16,189 -square foot (approximately, including the existing parking lot area on the west portion of the
site) paved parking lot provides parking for vehicles using this site. One 24 -foot wide drive aisle is
located south of the building and first row of parking spaces which provides access to an internal drive
aisle on the east and west side of the building. One 42 -foot wide internal drive aisle is located on the
west side of the building that provides access to other sites within Eagle Island Marketplace and
Chinden Boulevard. One 31 -foot wide internal drive aisle is located on the east side of the building that
provides access to other site within Eagle Island Marketplace.
L. BUILDING DESIGN FEATURES:
Roof: TPO (white), Metal Eyebrow Awning (SW6258 Tricorn Black)
Walls: stucco (SW7004 Snowbound), brick (main street/school house red), metal wood plank (Shou-
Sugi-Ban Delta Millworks Accoya-Gator), fiber cement board (blue)
Windows/Doors: aluminum (black), H.M. door (white)
Fascia/Trim: coping cap (SW6258 Tricorn Black)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees on the west portion of
the site between the sidewalk and drive aisle and within the interior landscape islands located within
the parking lot. There are existing trees and shrubs on east portion of the site within the landscape buffer
adjacent to Reynard Subdivision. All existing trees 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 were installed along North Linder Road and West Chinden Boulevard by the
developer of Eagle Island Marketplace.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 8.6% is proposed.
N. TRASH ENCLOSURES:
One (1) 233 -square foot trash enclosure is proposed to be located near the southeast corner of the site.
The enclosure is proposed to be constructed of smooth and split face CMU walls and metal gates; all
of which will match the materials and colors used in the construction of the building.
O. 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.
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage of all site and building lighting
has been provided. Detailed lighting cut sheets have been provided which comply with Eagle City
Code Section 8-4-4-2.
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Q.
SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -04-19) has
been submitted for the approval of a master sign plan for this building.
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. The site is located within the Suez Water Service
Area and within the boundaries of the Eagle Sewer District.
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
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — west portion of the site along the drive aisle, east portion of the site within the
landscape buffer adjacent to Reynard Subdivision
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.
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Park, Pathway, and Recreation
Eagle Sewer District
Meridian Fire Department
Republic Services
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 14, 2017), designates this site as the
following:
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
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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.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.4 Notwithstanding anything to the contrary herein, all commercial uses proposed for the Property
listed below are considered permitted uses and shall not be subject to Eagle's conditional use
permitting process.
• Personal Improvement
• Restaurant or eating place
• Retail sales relating to an approved use (general)
3.7 The following table demonstrates that parking at Eagle Island Marketplace exceeds the
requirements of Eagle's Code. Please note that the parking schedule below uses the most
intensive use scenario for the buildings.
14 10.257
64 1
6.24 per 1000 l Retail / Restaurant
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND
CONSIDERATIONS:
J. Buffer Areas/Common Lots:
2. Minimum Requirements:
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with
any commercial or industrial activity, and off street loading when adjacent to or in view
from a residential activity or public street right of way, a five foot (5') wide by six foot
(6') high landscaped buffer is required.
K. Parking Lot Landscaping:
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking
areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5)
shrubs per thirty five (35) linear feet of perimeter.
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D. DISCUSSION:
• The applicant is requesting design review approval to construct a multi -tenant personal
improvement/restaurant/retail building. The applicant's justification letter states that the proposed
building is consistent with the Mediterranean style of architecture as identified within the Eagle
Architecture and Site Design book. The building facades are asymmetrical, and the walls are
masonry and stucco with metal awning accents. Staff defers comment regarding building design
and colors to the Design Review Board.
• The landscape plan shows a five-foot wide buffer around the trash enclosure to be planted with
Fine Line Buckthorn shrubs which reach a height of five foot seven inches. Pursuant to Eagle
City Code Section 8-2A-7[J][2][c], trash enclosures are required to be screened by a five-foot
wide by six-foot high landscape buffer. The applicant should be required to provide a revised
landscape plan showing landscaping around the trash enclosure that will reach a height of six -
feet. The revised landscape plan should be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
• The landscape plan shows a five-foot wide side walk and five-foot wide landscape strip between
the parking lot and internal drive aisle planted with tall turf -type fescue and street trees. Pursuant
to Eagle City Code Section 8 -2A -7[K][3], a minimum five-foot wide perimeter landscaped strip
between the property lines and parking lot and planted with a minimum of one shade tree and five
shrubs per 35 linear feet is required. The applicant should be required to provide a revised
landscape plan showing the five-foot wide landscape strip located between the southern drive
aisle and parking lot to be planted with sod and one street tree and five shrubs per 35 -linear feet.
The revised landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
• The site plan shows 48 -parking spaces located on site. Pursuant to Eagle City Code Section 8-4-5,
staff has determined the maximum square footage allowed per use in order to meet the required
number of parking spaces. The site uses are limited to personal improvement/retail (7,500 -square
feet) and restaurant (2,700 -square feet).
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 February 14, 2019,
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 1:09:08)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the applicant's revised landscape plan, date stamped by the City on February
14, 2019, which addressed site specific condition no. 2.
• The Board would like to see the trash enclosure constructed using materials proposed on the building.
• The Board would like to see additional architectural interest on the north elevation and additional
landscaping to the north of the building to break up the wall of stucco.
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• The Board would like to see details of the play area identified on the landscape plan located to the west
of the building prior to issuing a tenant improvement for that space.
• The Board determined that site specific condition No. 5 (regarding use limitations) was unnecessary
since joint parking is addressed in the CC&R's for all businesses located within Eagle Island
Marketplace.
BOARD DECISION:
The Board voted 4 to 0 (Baer, Grubb, and Koci absent) to recommend approval of DR -03-19 for a design
review application for a 10,200 -square foot multi -tenant personal improvement/restaurant/retail building
for Travis Barney, with the following site specific conditions of approval and standard conditions of
approval provided within their findings of fact and conclusions of law document, dated February 14,
2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on March 12, 2019, 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 -03-19 for a design review application for a 10,200 -square foot
multi -tenant personal improvement/restaurant/retail building for Travis Barney, 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-08-08, LLA -08-18, and DR -13-09.
2. Provide a revised landscape plan showing the five-foot wide landscape strip located between the
southern drive aisle and parking lot to be planted with sod or five shrubs and one street tree per 35 -
linear feet. 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.
3. Provide written approval from the building's managing entity approving the architecture of the
building. The written approval 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. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
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10. No signs are proposed with this application and none are approved.
11. Provide a revised landscape plan showing shrubs located to the south of the sidewalk connection
located within the existing landscape buffer on the east property line adjacent to Reynard Subdivision.
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.
12. Provide a revised landscape plan with additional details of the play area (i.e. landscaping, play
structures, etc.) located to the west of the building. The revised landscape plan shall be reviewed and
approved by the Design Review Board prior to the issuance of a tenant improvement building permit
for the westernmost tenant.
13. Provide revised elevations of the trash enclosure showing the trash enclosure constructed of materials
and colors proposed on the building. The revised elevations shall be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a zoning certificate.
14. Provide a revised landscape plan showing additional upright growing plantings in the landscape
buffer to the north of the building. The revised landscape plan shall be reviewed and approved by
staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
15. Provide a revised building elevation showing additional architectural elements and materials to be
incorporated on the north building elevation. The revised north building elevation shall be reviewed
and approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
16. Provide revised site and landscape plans stating "No outdoor storage or additional trash receptacles
are permitted to be located along the north side of the building." The revised site and landscape plans
shall be reviewed and approved by staff and two members 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
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Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
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
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all dust, trash, weeds and other debris.
13 One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the 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/
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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
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 -03-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a multi -tenant personal improvement/restaurant/retail building is
permitted with the approval of a design review application within the C -3 -DA (Highway Business
District with a development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed multi -tenant personal
improvement/restaurant/retail building is designed with materials and colors associated with the
Mediterranean architectural style which matches the existing the buildings within Eagle Island
Marketplace;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has parking on-site and within the overall
development to meet the required parking for a multi -tenant personal improvement/restaurant/retail
use;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials that are consistent with the
Mediterranean architectural style present in other buildings within Eagle Island Marketplace;
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K:1Planning IkptlEaglc Applicationsll)r120191I)R•03-19 Multi -tenant Retail -Restaurant Bldg in IiIMPcct1docx
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 is in conformance with the Eagle Architecture and Site Design Book and has been
designed to compliment the buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed 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 the site has been
designed with sidewalks and walkways for both walkability within the site and access to the other
buildings within Eagle Island Marketplace;
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 since there
are sidewalks and walkways that connect to other sites within Eagle Island Marketplace; and
I. No signs are proposed with this application. A separate design review application (DR -04-19) has
been submitted for the master sign plan for the building and all signs will be required to be
harmonious with the architectural design of the building and will not cover nor detract from
desirable architectural features.
DATED this 12't' day of March 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
I
Stan Ridgeway, Mayor
ATTEST:
Sharon . Bergmann, Eagle City Clerk T
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Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535. Idaho Code. to request a reconsideration within
fourteen (14) days of the final written decision.
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