Findings - CC - 2025 - DR-2024-70 - Design Review for a Multi-Tenant Office (Business and Professional) Building within Eagle River Development BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MULTI-TENANT )
OFFICE(BUSINESS AND PROFESSIONAL) )
BUILDING WITHIN EAGLE RIVER )
DEVELOPMENT FOR EAGLE RIVER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-70
The above-entitled design review application came before the Eagle City Council for their action on January
28, 2025. 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:
Eagle River, LLC, represented by Joshua Hersel with Cushing Terrell, is requesting design review
approval to construct a 24,250-square foot two-story office (business and professional) building (lst
Floor= 12,900-SF and 2' Floor= 11,350-SF). The 1.42-acre site is located on the north side of East
Riverside Drive approximately 865-feet east of South Palmetto Avenue at 1100 East Riverside Drive
within Eagle River Development(Lot 8,Block 3,Mixed Use Subdivision No. 4).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 13, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 30, 2024, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a comprehensive plan amendment from
public/semi-public to commercial and from medium density residential to commercial, mixed use,
public/semi-public & a rezone from A (agriculture) and M-1A (Industrial Park District) to PS-DA
(Public/Semi-Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA
(Mixed Use)with a development agreement(including a concept plan)for Eagle River,LLC(CPA-01-
98&RZ-02-98).
On April 10, 2001,the Eagle City Council approved a design review application for the common area
landscaping within Eagle River Subdivision for Eagle River,LLC(DR-70-00).
On April 24,2001,the Eagle City Council approved a preliminary plat for Eagle River Subdivision for
Eagle River,LLC(PP-14-00),
On May 8, 2001, the Eagle City Council approved a final plat for Eagle River Subdivision for Eagle
River,LLC(FP-13-01).
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat for
Mixed Use Subdivision No.4 for Eagle River,LLC(PP/FP-01-01).
On July 9,2002,the Eagle City Council approved a combined preliminary and final plat for Mixed Use
Subdivision No.4 for Eagle River,LLC(PP/FP-03-02).
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On July 23,2002,the Eagle City Council approved a design review application for the master sign plan
for Eagle River Development(DR-15-02).
On January 14, 2003, the Eagle City Council approved a combined preliminary and final plat Mixed
Use Subdivision No.4 for Eagle River,LLC(PP/FP-04-02).
On February 12, 2003, the final plat for Mixed Use Subdivision No. 4 was recorded (Ada County
instrument No. 103023510.
On March 8, 2005, a lot line adjustment was approved for Mixed Use Subdivision No. 4 for Eagle
River,LLC(LLA-03-05).
On August 15,2016,the City approved a design review application to modify the master sign plan for
Eagle River Development(DR-15-02 MOD2).
On January 9, 2017,the City approved a design review application to modify the master sign plan for
Eagle River Development(DR-15-02 MOD3).
On December 17,2020,the Eagle City Council approved a conditional use permit for a building height
exception to 39' 6" and a waiver pursuant to Idaho Code §67-6512(f) for a parking reduction of five
(5)parking spaces(CU-06-20).
On February 9, 2021,the Eagle City Council approved a design review application for a multi-tenant
(business and professional)building within Eagle River Development(DR-33-2020). This application
has expired.
On February 9,2021,the Eagle City Council approved a design review application for the master sign
plan for a multi-tenant(business and professional)building within Eagle River Development(DR-34-
20). This application has expired.
E. COMPANION APPLICATIONS: DR-2024-71 (master sign plan application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
•
Existing Mixed Use and Scenic MU-DA(Mixed Use with a Vacant land(Mixed Use
Corridor development agreement in Subdivision No.4)
lieu of a PUD)
Proposed No Change No Change Multi-tenant office
(business and professional)
building
North of site Downtown and MU-DA(Mixed Use with a Landscape buffer along the
Scenic Corridor development agreement in south side of State
lieu of a PUD) Highway 44
South of site Mixed Use and Scenic MU-DA(Mixed Use with a East Riverside Drive,
Corridor development agreement in vacant land(Lonesome
lieu of a PUD) Dove Subdivision),vacant
land(unplatted)
East of site Mixed Use and Scenic MU-DA(Mixed Use with a Landscaping(Mixed Use
Corridor development agreement in Subdivision No. 5)
lieu of a PUD)
West of site Mixed Use and Scenic MU-DA(Mixed Use with a Office building(medical
Corridor development agreement) and dental)
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, detached sidewalk, an 8-foot wide landscape strip with
street trees along East Riverside Drive as part of street improvements along the southern border of the
property.There is an existing landscape berm with extensive landscaping along State Highway 44.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.42-acres(64,599-square feet) 5,000-square feet(minimum)
Percentage of Site Devoted 21%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 33%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 81-parking spaces* 81-parking spaces(minimum)
Front Setback(South) 23-feet 10-inches to building 20-feet(minimum)-building
10-feet to trellis
Rear Setback(North) 23-feet 8-inches 20-feet(minimum)
Side Setback(East) 250-feet 7.5-feet(minimum)
Side Setback(West) 102-feet 7.5-feet(minimum)
*Note:Parking based on leasable floor area not gross floor area.
K. PARKING ANALYSIS:
Gross Floor Area of multi-tenant office(business and professional)building: 24,250-square feet
Leasable floor Area of multi-tenant office(business and professional)building: 20,302-square feet
Proposed Parking Spaces: 81 (including 24-compact parking spaces)
Required Parking Spaces: 81 for 20,302-square feet using 1 parking space per 250-square feet for office
(business and professional).
Eagle River Development has a recorded (Instrument #10544861) cross access and cross parking
agreement in place. The declaration includes Lots 5, 6, 7, and 8, Block 3 of Mixed Use Subdivision
No.4 and Lots 10 and 11,Block 3 of Mixed Use Subdivision No. 5 located along the north side of East
Riverside Drive between the eastern boundary of the proposed site to the east side of South Palmetto
Avenue.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) two-story multi-tenant building to be utilized as an
office(business and professional)building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thirty-nine and one half foot (39 I/2') high two-story
structure. A conditional use permit (CU-06-20) was approved on December 17, 2020, for a building
height exception to 39' 6".
Gross Floor Area of Proposed Buildings:
The proposed office(business and professional)building is approximately 24,250-square feet.
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On and Off-Site Circulation:
A 13,650-square foot(approximately)paved parking area proposed on the west side of the building and
a 14,595-square foot(approximately)paved parking area proposed on the east of the building provide
parking for vehicles using this site. One existing 25-foot wide shared driveway is located on the
property to the west of the site and provides access to East Riverside Drive and to the parking area
located on the west side of the building. One 26-foot wide driveway is proposed to be located
approximately 97-feet west of the eastern property line and provides access to East Riverside Drive and
to the parking area located on the east side of the building.The proposed site,as well as the lots within
Mixed Use Subdivision No. 4 and Mixed Use Subdivision No. 5 located along the north side of East
Riverside Drive to South Palmetto Avenue,have an existing cross access and cross parking agreement
in place.
M. BUILDING DESIGN FEATURES:
Roof: TPO membrane roof system(White/Gray)
Walls: Brick(Manganese Iron Spot and Pewter),EIFS/Stucco(Light Gray)
Windows/Doors: Aluminum Storefront(Dark Bronze)
Fascia/Trim: Metal(Dark Bronze)
Pergola: Steel(Dark Bronze)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The existing street trees along East Riverside
Drive will be protected and retained with the exception of one street tree that will require removal to
accommodate construction of the driveway into the parking area proposed on the east side of the
building.
Below is a list identifying the tree to be removed by species, size, condition and required replacement
inches as identified on the landscape plan,date stamped by the City on October 23, 2024.
# Common Name Caliper Condition Status Replacement Inches
Inches Per ECC
1 Red Oak 15" Good Remove 15-inch caliper
Tree Replacement Calculations: The applicant is proposing to plant three additional 3-inch caliper
River Birch trees on site to mitigate for the 15-caliper inches being removed from the site.Additionally,
the site has 30% landscaping proposed (which is in excess of the 10% required per code) including
multiple trees adjacent to the building,therefore,the tree mitigation requirement has been met.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along East Riverside Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10%interior landscaping is required, 11% is proposed.
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O. TRASH ENCLOSURES:
One(1) 190-square foot trash enclosure is proposed to be located near the southeast corner of the site.
The enclosure is proposed to be constructed of CMU walls and metal gates;all of which will be finished
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 parapet walls and the additional screen walls. No ground mounted
mechanical units are proposed and none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height,and wattage has been submitted and will be
required to comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2024-71) has
been submitted for the approval of the master sign plan criteria for signage proposed on this building
and on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Department of Environmental Quality
•
Eagle Fire Department
Eagle Sewer District
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Hardin Sanitation
Veolia Water
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions,if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
c. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district;
d. Will not interfere with the visual character,quality,or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
e. Will have facades, features, and other physical improvements that are designed as a whole,
when viewed alone as well as in relationship to surrounding buildings and settings;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
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THE 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 way 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.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the City. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.3 All development within the Property shall be consistent with the Site Design Guidelines("Design
Guidelines")and Conceptual Plans as outlined within the Development Agreement for the Eagle
River Commercial Development dated January 25, 2000, between the City of Eagle and Eagle
River LLC(recorded instrument No. 100011692).
LANDSCAPE, SITE DESIGN,AND ARCHITECTURAL DESIGN GUIDELINES
3.0 ARCHITECTURAL DESIGN GUIDELINES
3.3 Design objectives
Architectural Elements: On high bay or multiple story buildings, smaller scale features
such as arcades,trellises,or canopies,as well as one story elements,shall be used to provide
pedestrian scale. Attention to detail is encouraged and shall be proportional to the façade
with the caution that elements sued for only decorative purposes are discouraged,
especially when appearing out-of-place on larger walls.
C. CONDITIONAL USE PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSCAL:
1. The applicant shall comply with the all applicable conditions of RZ-02-98 and the executed
development agreement(Instrument#100011692)for Eagle River Development.
3. The maximum height of the building shall not exceed 39' 6".
4. The proposed building design incorporates a "Contemporary" architectural style. The proposed
architecture shall be in conformance with the "Eagle River Landscape, Site Design, and
Architectural Design Guidelines" pursuant to the executed development agreement. The
architectural style is subject to change at the discretion of the Design Review Board and City
Council. The Owner shall comply with all conditions required by the Design Review Board and
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City Council prior to the issuance of a zoning certificate.
6. The waiver request pursuant to Idaho Code§67-6512(f)is approved for a parking reduction of five
(5)parking spaces.
D. 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-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.
2. Removal And Replacement Of Existing Trees:
a.Where trees are approved by the city to be removed,replacement with a species identified in
section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,
an equivalent amount of caliper inches shall be replanted. For each vertical foot of
coniferous tree removed,an equivalent amount of vertical feet shall be replanted.
Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement
would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous
tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous
trees.
e.Planting within public rights of way shall be with approval from the city and the public entity
owning the property.
E. DISCUSSION:
• The applicant is requesting design review approval to construct a 24,250-square foot two-story,
multi-tenant office(business and professional)building. The applicant's justification letter states
that the building style of architecture has been reviewed and approved by the Eagle River
Architectural Control Committee(ACC letter attached) and will complement the office buildings
in the surrounding area. The building is proposed to be constructed predominately of brick with
stone veneer and stucco accents as illustrated on the exterior elevations received by the city on
October 23,2024. Staff defers comment regarding the architecture 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.
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• The applicant is proposing to construct a trellis on the south side of the building over and outdoor
patio area. The trellis is proposed to be constructed 10-feet north of the south property line.
Pursuant to Eagle City Code Section 8-2-4,the minimum front setback in the MU zone is 20-feet.
Pursuant to the development agreement design objective 3.3, on high bay or multiple story
buildings, smaller scale features such as arcades, trellises, or canopies, as well as one story
elements, shall be used to provide pedestrian scale. Additionally, on February 9, 2021, the City
Council approved this same building with the trellis designed as proposed, 10-feet north of the
south property line. Staff defers comment regarding the setback of the trellis from the south
property line to the Design Review Board.
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 December 12,2024,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the building design as submitted.
• The Board is in favor of the trellis as proposed since it provides architectural interest to the building
and provides pedestrian scale to how the building addresses the street.
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Mihan absent) to recommend approval of DR-2024-70 for a design
review application for a multi-tenant office (business and professional) building, 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 January 9,2025.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 28, 2024, at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-70 for a design review application for a multi-tenant office
(business and professional)building,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 CU-06-20.
2. All existing landscaping shall be protected and retained during construction(with the exception of the
15-inch Red Oak tree being removed for the eastern driveway location).
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
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5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
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. The trellis proposed on the south building elevation, shown to be 10-feet north of the south property
line, is approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
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.
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8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested
in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A
copy of such written approval and certification shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,
pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the
irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The
letter shall include the following comments and minimum requirements,and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
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d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise River
Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based,other than those required
by the above conditions,will require submittal of an application for modification and approval of that
application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application,shall require the applicant to submit
a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to changes the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
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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-2024-70) 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 multi-tenant office(business and professional)building is permitted with
the approval of a design review application within the MU-DA (Mixed Use with a development
agreement in lieu of a PUD)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 building is designed to comply with the
Eagle River Development design standards and the conditional use permit. The trellis provides
building relief and a pedestrian scale to the front of the building facing East Riverside Drive, is
architecturally compatible with the building and will 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 in conformance with
the required parking as allowed within the conditional use permit;
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 office building is designed to meet,the Eagle River Development design standards and;
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 since the proposed office
building is in conformance with the Eagle River Development design standards and has been
designed to complement the building 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 office is in conformance with the required height restrictions as
allowed within the conditional use permit;
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 walkways and parking areas on the east and west sides of the building ;
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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 the
walkways provide connection to the other buildings within the development; and
I. As approved with design review application DR-2024-71, 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 28th day of January 2025.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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Brad Pike,Mayor
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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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