Findings - CC - 2024 - DR-2024-02 - Design Review for a Multi-Tenant Office/Retail/Restaurant Building Within Stillwater Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MULTI-TENANT )
OFFICE/RETAIL/RESTAURANT BUILDING )
WITHIN STILLWATER SUBDIVISION FOR )
STILLWATER DEVELOPMENT PARTNERS,LLC)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-02
The above-entitled design review application came before the Eagle City Council for their action on
September 24,2024. 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:
Stillwater Development Partners, LLC, represented by Corey Elitharp, is requesting design review
approval of an 8,466-square foot multi-tenant office/retail/restaurant building. The 1.06-acre site is
located on the north side of West Copper Silo Street approximately 250-feet south of the intersection
of State Highway 44 and South Urban Gate Drive at 2300 and 2340 West Copper Silo Street(Lots 4
and 5,Block 6, Stillwater Subdivision No. 1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 18, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 1, 2024, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map
Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision
(CPA-04-15/RZ-07-15 and PP-04-15).
On March 24,2016,the Design Review Board approved the common area landscaping within Stillwater
Subdivision(DR-11-16).
On January 10,2017,the City Council approved a preliminary plat extension of time for the preliminary
plat of Stillwater Subdivision to be valid until January 12,2018(EXT-11-16).
On April 13, 2017, the Design Review Board approved a master sign plan for Stillwater Subdivision
(DR-12-16).
On August 8, 2017,the City Council approved the final plat for Stillwater Subdivision No. 1 (FP-08-
17).
On January 23, 2018, the City Council approved a modification to the final plat for Stillwater
Subdivision No. 1 (FP-08-17 MOD).
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On February 15,2019,the City approved a modification to the common area landscaping and entrance
to Stillwater Subdivision(DR-11-16 MOD).
On August 9,2019,the City approved a modification to the master sign plan to change the background
color of the tenant panels, the font color of the tenant signs, and to construct the tenant panels with
punch through illumination on the monument sign(DR-12-16 MOD).
E. COMPANION APPLICATIONS: DR-2024-03 (master sign plan application).
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 lots within
development agreement) Stillwater Subdivision
Proposed No Change No Change Multi-tenant
office/retail/restaurant
building
North of site Mixed Use MU-DA(Mixed Use with a Dutch Bros,vacant lot
development agreement) within Stillwater
Subdivision
South of site Industrial PS-DA(Public/Semi-public Eagle Sewer District
with a development Treatment Plan
agreement)
East of site Industrial PS-DA(Public/Semi-public Eagle Sewer District
with a development Treatment Plan
agreement)
West of site Mixed Use MU-DA(Mixed Use with a Vacant lots within
development agreement) Stillwater Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb,gutter,sidewalk,and street trees along West Copper Silo Street.
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J. SITE DATA:
Site Data Proposed Required
Total Acreage of Site 1.06-acres(46,473-square feet) 5,000-square feet
Percentage of Site Devoted 18%(approximately) 100%(maximum)*
to Building Coverage
Percentage of Site Devoted 13.5%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 46-parking spaces To be determined upon issuance
of zoning certificate for each
tenant space.
Front Setback(North) 86-feet 0-feet(minimum)*
Rear Setback(South) 6-feet 0-feet(minimum)*
Side Setback(East) 28-feet 0-feet(minimum)*
Side Setback(West) 59-feet 0-feet(minimum)*
*Note:Setbacks and lot coverage approved within the Stillwater development agreement(RZ-07-15).
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant office/retail/restaurant building: 8,466-square feet(9,630-
square feet including the outdoor patio).
Proposed Parking Spaces: 46
Required Parking Spaces(estimated per use requirements in requirements in Eagle City Code):
43, for 8,466-square feet using 1 parking space per 200-square feet for offices,medical and dental
57, for 8,466-square feet using 1 parking space per 150-square feet for restaurant(no drive-thru)
34,for 8,466-square feet using 1 parking space per 250-square feet for food and beverage sales,offices;
business and professional, health clubs, spas, and weight reduction salons, personal improvement,
personal services,retail sales
17, for 8,466-square feet using 1 parking space per 500-square feet for retail sales of large items such
as furniture and appliances
Parking requirements will be determined upon review of the zoning certificate for each tenant space.
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 multi-tenant
office/retail/restaurant building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately forty-two foot(42')high single-story structure.
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Gross Floor Area of Proposed Buildings:
The proposed multi-tenant office/retail/restaurant building is approximately 8,466-square feet.
On and Off-Site Circulation:
A 15,316-square foot(approximately) paved parking lot provides parking for vehicles using this site.
Two 24-foot wide shared driveways are located on the west property line and near the east property
line that provide access to the site.
M. BUILDING DESIGN FEATURES:
Proposed Building Design:Northwestern
Roof: Standing Seam Metal(Black)
Walls: Concrete (exposed), brick (Hebron Brick Co. Desert Common), vertical reclaimed wood
(Original Antique Texture)
Windows/Doors: Aluminum(Black)
Fascia/Trim: Raw steel(clear epoxy),metal(Black)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing street trees along West
Copper Silo Street and South Urban Gate Avenue.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees exist along West Copper Silo Street and Urban Gate Avenue.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
O. TRASH ENCLOSURES:
Note 16 on sheet L 1.0 states that this building will share a trash enclosure with the Eagle Early Learning
Center (lot to the north); however, a design review approval for that lot has not been received. The
applicant is required to install a trash enclosure in conjunction with this building. The enclosure is
required to 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 the 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, style, height, illumination type, and wattage was
received and complies with Eagle City Code Section 8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2024-03)has
been submitted for the approval of the master sign plan criteria for 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—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—No
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Historic Preservation Commission
Idaho Department of Environmental Quality
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
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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.
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:
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.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.5 The setbacks shall be as follows(Product Type Exhibit I):
Flex/Commercial/Office/Residential Condo Area
Zero lot line setbacks are requested for the commercial portion of this project
Maximum Lot Coverage 100%(Commercial)
3.6 The proposed building height of the commercial/condo and live/work units shall not exceed
42-feet in height as shown on the submitted building elevations(Exhibit F).
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3.8 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District
land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District
Regulations," existing at the time a design review application or conditional use permit
application(whichever the case may be)is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses
and all uses shown as "C" conditional uses under the MU zoning designation shall require a
conditional use permit,except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown at"C"conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
Retail Sales(General)
Retail Sales(Limited)
3.14 The single-family dwellings shall be constructed utilizing "Northwestern" style architectures
as shown on Exhibit D. The commercial/retail buildings, live/work residential units,
townhouses,and pool house shall be constructed utilizing"Northwestern"style architecture as
shown on Exhibit E. Eagle Design Review Board approval of the detailed architectural plans
for the development is required prior to the issuance of building permits for commercial/retail
buildings, live/work residential units, townhouses, pool house, pumphouse for irrigation, and
gazebos.
3.21 Owner shall provide and construct, in accordance with the provisions of Eagle City Code
Section 9-4-1-6, minimum ten foot (10') wide public pathways, improved with a crushed
material along the portion of the Property located adjacent to the Boise River and asphalt
located adjacent to State Highway 44. The pathways shall be constructed concurrently with
Phase No. 1 of Stillwater Subdivision. The specific location and design of the pathways
(Exhibit H) shall be approved by the City of Eagle Park and Pathway Development
Commission prior to submittal of a design review application. The developer shall provide a
surety in the form of an irrevocable letter of credit,certificate of deposit,or cash,in the amount
equal to one hundred fifty percent (150%) of the estimated construction cost of the public
pathways to guarantee completion. If the crushed material public pathway is not paved within
5 years the money provided shall be returned to the developer. The pathways shall be located
in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle
City Code Section 9-4-1-6€(2).The instrument number of the recorded easement or easements
shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the
pathway is located. Other than any pathways approved by Eagle, development within the
Floodway shall be prohibited.
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(B)(2): Roofs:
e. Metal; standing seam,batten seam(concealed fasteners required);
• Eagle City Code Section 8-2A-6(B)(4): Decks and patios:
a. Concrete(stamped finish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood(pressure treated,redwood).
• 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-7J of this article. A waiver of this section may be
approved for small businesses that utilize ninety six (96) 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 8-2A-7(C): Retention,Removal, and Replacement of Trees:
1. Retention Of Existing Trees:
a. Existing trees shall be retained unless removal is approved in writing by the city.
3. Damage During Construction:Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this
section.
• Eagle City Code Section 8-2A-7(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.
3. Materials:
a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum
of sixty percent(60%)of the total plant material used.
b. Height requirements shall be accomplished with plant material,with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
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• Eagle City Code Section 8-2A-7(K)(4): Parking Lot Landscaping:
b. Additional Requirements:
(5) A terminal island for a single row of parking spaces shall be landscaped with at least one
tree and shrubs, ground cover, or grass. A terminal island for a double row of parking
spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass.
D. DISCUSSION:
• The applicant is requesting design review approval for an 8,466-square foot, multi-tenant
office/retail/restaurant building.The applicant's justification letter states that the architecture of the
building will be Northwestern style as permitted within the development agreement. The building
mass is broken between two buildings with a pitched roof structure and through the use of the
materials, massing, and overhangs, the building has been designed around the pedestrian scale
improving walkability throughout the site. The building will be built with a blend of brick, steel,
concrete,and distressed wood to tie into the rest of the overall development. Staff defers comment
regarding the building style,materials,and colors to the Design Review Board.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to not interfere with the visual character, quality or appearance of the surrounding area
and City, and where possible, enhance the continuity of thematically common architectural
features, and will have facades, features, and other physical improvements that are designed as a
whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The building elevations show the building to have a metal roof.Pursuant to Eagle City Code Section
8-2A-6(B)(2), metal roofs are required to have concealed fasteners. The applicant should be
required to provide revised building elevations showing the metal roofing material to have
concealed fasteners.The revised building elevations should be reviewed and approved by staff prior
to the issuance of a zoning certificate.
• The landscape plan shows patio areas on the east and west sides of the building and within the
breezeway area; however,the patio material or proposed fencing was not received. The applicant
should be required to provide a revised landscape plan showing the material the patios are
constructed of and detailed cutsheets for patio fencing(if applicable). The revised landscape plan
and detailed fencing cutsheet should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
• Note 16 on the landscape plan states,"shared trash enclosure with Lot 2 Block 6—Future."To date,
there is no approval for a building on Lot 2,Block 6, Stillwater Subdivision No. 1.
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Pursuant to Eagle City Code Section 8-2A-(B)(7), all commercial developments are required to
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provide for trash and recycling services including an enclosed area for the storage of trash and
recycle receptacles. Pursuant to Eagle City Code Section 8-2A-7(J), trash receptacles are required
to be screened from view with a five foot wide by six foot high landscape buffer.Pursuant to Eagle
City Code Section 8-4-4-3, a cross access,parking, and trash enclosure use agreement is required.
The applicant should be required to provide an enclosure for both trash and recycling associated
with this building. The applicant should be required to provide elevations of the trash enclosure
walls and gate utilizing materials and colors on the building. Provide a cross access, parking, and
trash enclosure use agreement with the owner of Lot 2, Block 6. Provide a revised landscape plan
showing a five foot wide by six foot high landscape buffer around the trash enclosure. The
elevations, and landscape plan should be reviewed and approved by staff and one member of the
Design Review Board prior to issuance of a zoning certificate.The cross access,parking,and trash
enclosure use agreement should be reviewed and approved by staff and the City Attorney prior to
the issuance of a zoning certificate. Construct the trash enclosure prior to issuance of a certificate
of occupancy.
• The interior landscape island north of the breezeway shows two trees planted in tree grates and a
concrete walkway.
11.14
rn i in
Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(5), requires a terminal island to be planted
with one tree and shrubs, ground cover, or grass. Staff defers comment regarding the proposed
landscaping and concrete walkway to the Design Review Board.
• Note 14 on the landscape plan states,"proposed retaining walls; see sheet L1.5."A detail showing
the material and color of the retaining walls was received;however,the height and style of the wall
was not received.The applicant should be required to provide a detail of the retaining wall showing
the style and height. The detail should be reviewed and approved by staff and one member of the
Design Review Board 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 June 27,2024.The
application was continued to August 22,2024,at which time the Board made their decision.
BOARD DELIBERATION:
On June 27,2024,upon completion of the applicant's and staffs presentations,the Board discussed during
deliberation that:
• The Board was not in favor of the building design, materials, and colors due to the lack of detail
provided on the building elevations. The Board requested additional information regarding materials
and finishes.
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• The Board was in favor of the proposed landscaping and requested additional information regarding
site grading,retaining wall style/height,trash enclosure location and screening,and addressing the site
specific conditions of approval.
BOARD DELIBERATION:
On August 22, 2024, 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 building elevations and details of the material finishes.
• The Board is in favor of the applicant's revised landscape plan with the staff recommended site specific
conditions of approval.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Murphy absent)to recommend approval of DR-2024-02 for a design
review application for a multi-tenant office/retail/restaurant building within Stillwater Subdivision, 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 September 12,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 24, 2024, at
which time the Council made their decision.
COUNCIL DECISION:
The Council voted 3 to 0 (Gindlesperger absent)to approve DR-2024-02 for a design review application
for a multi-tenant office/retail/restaurant building within Stillwater Subdivision, with the 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-07-15, PP-04-15, DR-11-16, and subsequent
modifications.
2. Provide revised building elevations showing the metal roofing material to have concealed fasteners.
The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
3. Provide an enclosure for both trash and recycling associated with this building. Provide elevations of
the trash enclosure walls and gate utilizing materials and colors on the building. The elevations shall
be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a
zoning certificate.
4. Provide a cross access,parking,and trash enclosure use agreement with the owner of Lot 2,Block 6 or
owner of parcel S0507438415 (alternative trash enclosure location). The cross access, parking, and
trash enclosure use agreement shall be reviewed and approved by staff and the City Attorney prior to
the issuance of a zoning certificate.
5. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer around the
trash enclosure. The landscape plan shall be reviewed and approved by staff and one member of the
Design Review Board prior to issuance of a zoning certificate.
6. Construct the trash enclosure prior to issuance of a certificate of occupancy.
7. Provide a detail of the retaining wall showing the height.The detail 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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8. Complete the sidewalk along State Highway 44 including all common area improvements within the
30-foot wide buffer along the entire frontage of the Stillwater development as approved with DR-11-
16 prior to issuance of a building permit.
9. The entire Stillwater commercial area along State Highway 44 (from the eastern property line to the
western property line and between West Copper Silo Street and SH-44)shall be grubbed and made free
of all weeds, mounds of dirt, construction debris etc. prior to issuance of a building permit. Provide a
weed mitigation plan to be reviewed and approved by staff prior to issuance of a building permit.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. 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.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
14. No ground mounted mechanical units are proposed with this application and none are approved.
15. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
16. No signs are proposed with this application and none are approved.
17. The landscape plan, date stamped by the City on August 14, 2024, showing interior landscape islands
with trees and ground cover at the center of the building is approved.
18. The patio fencing details, date stamped by the City on August 14, 2024, showing the patio fencing
options is approved.
19. Provide colored building elevations as presented at the August 27, 2024, Design Review Board
meeting. The colored building elevations shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
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
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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
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.
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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.
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
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR-2024-02) 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 office/retail/restaurant 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 multi-tenant building is designed to match
the Northwestern style of architecture approved within the development agreement and 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;
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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 Northwestern 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 has
been designed to be harmonious with the 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 height permitted within the development
agreement;
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. As approved with design review application DR-2024-03,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.
DATED this 24th day of September 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
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Tracy E. O rn, Eagle City Clerk SE ,
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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.
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