Findings - CC - 2025 - DR-2024-16 - Design Review for Aikens Towne Square mixed use buildingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR AIKENS TOWNE
SQUARE MIXED USE BUILDING FOR ROTH
CONSTRUCTION INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2024-16
The above-entitled design review application came before the Eagle City Council for their action on
September 23, 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:
Roth Construction Inc., represented by Paul Case, is requesting design review approval for a 17,088-
square foot, three-story, mixed use building (eight residential units and four retaiUoffice/food and
beverage sales/artist studio/restaurant units). The 0.44-acre site is located on the south side of East
Aikens Street approximately 85-feet west of the intersection of East Aikens Street and South ls� Street
at 167 East Aikens Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 26, 2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 18, 2025, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
There is no history of relevant previous actions.
E. COMPANION APPLICATIONS:
There is one companion application (DR-2024-17 — master sign plan application).
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F. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
COMP PLAN
DESIGNATION
Downtown
ZONING
DESIGNATION
CBD (Central Business
District)
No Change
LAND USE
Single family dwelling
Multi-tenant commercial
building with residential
(upper levels)
Office (medical and dental)
building
Drainage ditch,
McDonalds, Wells Fargo
Multi-tenant building with
residential (upper levels)
No Change
North of site Downtown
South of site Downtown
East of site Downtown
West of site Downtown
CBD (Central Business
District)
CBD (Central Business
District)
CBD-DA (Central Business
District with a development
agreement)
CBD (Central Business
District)
Multi-tenant office
(business and professional)
building
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the city-wide Design Review Overlay District and is within the DDA
(Downtown Development Area.
H. URBAN RENEWAL DISTRICT:
The site is located within the Urban Renewal District.
I. EXISTING SITE CHARACTERISTICS:
The site has a single family dwelling that will be demolished. The site has existing trees that the
applicant is proposing to removed.
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J. 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
Front Setback (North)
Rear Setback (South)
Side Setback (East)
PROPOSED
0.44-acres (19,166-square feet)
30% (approximately)
35% (approximately)
23-parking spaces
8-covered
4-on-street
10-on-site
11.5-feet
89-feet
11-feet
REQUIRED*
500-square feet (minimum)
40% (minimum) to 95%
(marcimum)
10% (minimum)
23-parking spaces (minimum)
(including 8-covered parking
spaces and 2-guest parking
spaces)
0-feet (minimum) to 10-feet
(maXimum)
0-feet (minimum)
0-feet (minimum)
Side Setback (West) 7-feet 0-feet (minimum)
*Note: Setbacks and lot coverage requieed within the Downtown Development Area (DDA) Overlay District.
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant Building: 17,331-square feet (including 2,307-square feet
of commercial uses)
Proposed Parking Spaces: 23
Required Parking Spaces (estimated per use requirements in requirements in Eagle City Code):
18, for 8-units (2-bedroom) using 2 parking spaces including 1 covered and 0.25 spaces per unit for
guest parking for units with 2 or more bedrooms
5, for 2,266-square feet using 1 parking space per 250-square feet for food and beverage sales, offices
(business and professional), retail sales
2, for 2,266-square feet using 1 paxking space per 1,000-square feet for artist studios
Note: Commercial parking requirement includes 50% parking reduction permitted within the DDA
Overlay District.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
T'he applicant is proposing to construct one (1) building to be utilized as a mixed use building with 5-
commercial units and 8-residential units.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately thiMy nine foot ten inch (39' 10") high, three-story
structure.
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Gross Floor Area of Proposed Buildings:
The proposed mixed use building is approximately 17,331-square feet.
On and Off-Site Circulation:
A 4,683-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 22-foot, 6-inch wide shared driveway is located on the east property line and is shared with the
property to the east of this site. The shared driveway provides access to East Aikens Road.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Italianate
Roof: Rolled TPO (White), metal (Lux Rust)
Walls: Stucco (Cream), thin brick (Orange "English Pub")
Windows/Doors: Vinyl (Sand), metal (Lux Rust), aluminum (Bronze)
Fascia/Trim: Composite (Cream)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along the drainage ditch
that are proposed to be retained and protected.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are to be installed along East Aikens Road as part of the ACHD Aikens Street
Extension project.
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: 5% interior landscaping is required, 3% is proposed.
O. TRASH ENCLOSURES:
One (1) 106-square foot trash enclosure is proposed to be located on the east side of the building. The
enclosure is proposed to be constructed of CMLT walls with thin brick overlay and metal gates; all of
which will match the materials and colors used in the construction of the building.
P. MECHAIVICAL LJNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A site plan showing the location of the parking lot and streetlights was received. Detailed cutsheets for
the style, colors, height, illumination type, wattage, etc. is required to be reviewed and approved by the
Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-2024-17) has
been submitted for the approval of the master sign plan criteria for this building.
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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 Company service area and within the boundaries of the Eagle Sewer
District.
T. PUBLIC USES PROPOSED:
No public uses are proposed.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No future acquisition 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, along the drainage ditch
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):
An environmental assessment is not required for this application.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Eagle Sewer Department
Idaho Department of Environmental Quality
Idaho Transportation Department
Veolia
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: T'he 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
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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/egess 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 hartnonious 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:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi-public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. Land within this district is the only place to utilize
the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use,
Residential, Commercial, and Professional Offce.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
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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(C): Downtown Development Area:
1. Purpose: To provide a compact downtown business center supported by the comprehensive
goals of the city.
2. Architectural Character:
k. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in
this article, including the examples set forth in the EASD book.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section of this chapter, the setback requirements below shall control:
a. Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum of ten feet (10').
b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
e. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor
dining, plazas, streetscape extension and bike racks.
£ Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%)
and a maximum of ninery five percent (95%) in which case off site parking shall be
provided for. The lot coverage requirement may be waived if development of the lot as a
parking lot is reviewed by the design review board and is approved by the council.
Furthermore, the minimum lot coverage requirement may be reduced by the council for the
purpose of providing adequate on site parking in accordance with the provisions of this
title for structures that include residential uses on floors other than the ground floor.
5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply
with the requirements contained within subsection G of this section.
• 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.
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b. When a homeowners association or its agent removes tree(s) from a subdivision common
area to appropriately thin an overgrown canopy, replacement shall not be required provided
the site remains in compliance with subdivision's approved landscape plan as determined
by the city.
c. Unless it is determined by the city that replacement is necessary to preserve andlor restore
riparian and wildlife habitat, removal of the following trees shall not otherwise require
replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver
maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased,
insect infested, or containing similar maladies may be exempt from replacement if removal
is first approved by the city.
d. In cases where the condition of the tree(s) constitutes an"emergency" as defined in section
8-1-2 of this title, the tree(s) may be removed without approval provided that the city is
notifed after the tree's removal and provided with documentation indicating the tree's
condition at time of removal.
e. Planting within public rights of way shall be with approval from the city and the public
entity owning the property.
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.
4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
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.
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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.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
6. Design Considerations For Residential Developments:
a. For design flexibility, half of the required shade trees may be substituted on a two to one
(2:1) basis with ornamental and evergreen trees.
b. Buffer areas should include a variety of species, arranged to create varied and attractive
views. Open fences, decorative walls, and berms may be used. Height changes, offset
angles, different materials, and other design techniques are required so as to create variety.
• Eagle City Code Section 8-2A-7(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.
4." Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot
with ten (10) spaces and above. The required amount of landscaping is based on a sliding
scale, as follows:
Total Number Of 5paces Percent Of Total Area Of A Lot That
Must Be An Interior Landscaped Area
10 - 20 5 percent
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5') in any dimension.
(2) No parking space shall be more than sixty feet (60') from an interior landscaped area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently
reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched
to a height of six feet (6').
(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.
• Eagle City Code Section 8-2A-7(0): Alternative Methods of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is a
procedure that allows certain modifcations to existing regulations within this section. Requests
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for use of alternative landscaping schemes are justified only when one or more of the following
conditions apply:
a. The sites involve space limitations ar unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with a
written request if an alternative method of compliance is proposed. T'he request shall state
which requirement as set forth within this section is to be modified, what project conditions
stated within subsection O1 of this section justify using the proposed alternative, and how the
proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations
that require all existing trees to remain on site may elect to make a financial contribution to the
Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the
need for the tree fund alternate method of compliance shall be specified in the application
submitted under subsection 02 of this section. If the application is approved, the amount to be
contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)
removed from the site and the total vertical feet of coniferous trees removed from the site. Cost
per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be
determined by resolution of the city council. The applicant shall have the right to review and
consider the value determination, and following said review, to reapply for other alternative
methods of compliance, without prejudice, in accordance with subsection 02 of this section.
C. DISCUSSION:
The applicant is requesting design review approval to construct a 17,331-square foot, three-story,
mixed use building (eight residential units and fve retaiUaffice/food and beverage sales/artist
studio units). The applicant's justifcation letter states that the building design reflects the Italianate
architecture style which is one of the nine styles identified within the Eagle Architecture and Site
Design book. The farade includes symmetrical elements, walls include vertical columns of thin
brick, horizontal sweeps, accents and details, vertical trims of stucco, square towers, arched and
rectangle windows, and ornate detailing.
T'he 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 site plan shows the building to be located 11-feet, 6-inches from the north property line due to
an ACHD easement. The second and third floar decorative overhangs encroach into the easement
area. Pursuant to Eagle City Code Section 8-2A-6(C)(3)(a), the front setback in the Downtown
Development Area (DDA) is required to be a maximum of 10-feet. Staff defers comment regarding
the front setback to the Design Review Board. If the Board approves the front setback at 11-feet,
6-inches, the applicant should be required to provide approval from ACHD for the overhangs to
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encroach into the easement area. The approval from ACHD should be received prior to issuance of
a zoning certificate.
The site plan shows the building to be located 11-feet from the east property line and 7-feet from
the west property line. The 11-feet between the building and the east property line is proposed to
be a portion of the shared driveway. The 7-feet on the west property line is design with a sidewalk
that provides access to the front of the building from the parking lot. Pursuant to Eagle City Code
Section 8-2A-6(C)(3)(b), the side setback is required to be 0-feet so as to tie into adjoining
structures. Staff defers comment regarding the side setbacks to the Design Review Board.
The site plan shows the building lot coverage to be 30%. There is an existing drainage ditch along
the south property line that limits the buildable area on the site. If the existing drainage area (5,526-
square feet) is not included in the overall site square footage, the lot coverage would be 42.6%.
Eagle City Code Section 8-2A-6(C)(3 )( fl, requires buildings within the DDA to have a lot coverage
of 40% minimum to 95% maximum. Staff defers comment regarding the building lot coverage to
the Design Review Board.
• The site plan shows one parking lot light; however, a detailed lighting cutsheet showing the style,
colar, illumination type, wattage, etc. was not received. The applicant should be required to provide
a detailed cutsheet for the parking lot light. The detailed cutsheet should be reviewed and approved
by staff prior to the issuance of a zoning certificate.
• The site and landscape plans shows a 10-foot wide sidewalk existing and proposed along Aikens
Road that is not consistent with the sidewalk design e�ibit within the Eagle Architecture and Site
Design Book (EASD). In 2025, a joint project, between the Ada County Highway District and the
City of Eagle, to redesign the sidewalks along Aikens Road is under construction. The applicant is
proposing to close the existing driveway access located on the west property line and extend the
sidewalk; however, the specific details of the sidewalk design are not shown. The applicant should
be required to provide a revised site and landscape plan showing the 10-foot wide sidewalk along
East Aikens Road to match AC�ID's design standards and specifications for the Aikens Road
Extension Project. The revised site and landscape plan should be reviewed and approved by staff
prior to issuance of a zoning certifcate.
• The site plan shows existing trees located within the drainage ditch easement area that are to be
retained. Note 3.4 on the site plan states that trees along the curbline will be salvaged only as new
construction allows. Eagle City Code Section 8-2A-7(C), requires the City to approve the removal
of trees. If trees are required to be removed due to construction limits, the applicant should be
required to submit a tree removal application with the location, species, size, and condition of the
trees. Trees will be required to be mitigated per Eagle City Code Section 8-2A-7(C). The tree
removal application should be reviewed and approved prior to the removal of any trees on the site.
• The landscape plan shows the trash enclosure located on the east side of the building designed to
be apart of the building, not a standalone enclosure, and no landscaping around the enclosure is
proposed. Pursuant to Eagle City Code Section 8-2A-7(J)(2)(c), a five foot wide by six foot high
buffer is required around the trash enclosure. Staff defers comment regarding the proposed trash
enclosure design and landscape buffer to the Design Review Board.
• The landscape plan shows a 2.5-foot landscape buffer with a six foot tall metal green screen, and
planted with Virginia Creepers, Vancouver Danielle Clematis between the parking lot and west
property line. Pursuant to Eagle City Code Section 8-2A-7(K), a five foot wide perimeter landscape
strip planted with a minimum of one shade tree and five shrubs per 35 feet of perimeter. The
applicant is requesting an alternative method of compliance for the reduced perimeter landscaping
based on the space limitations of the site with an ACHD easement along East Aikens Road and
drainage ditch along the southern half of the site. Staff defers comment regarding the alternative
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method of compliance request for the perimeter landscaping to the Design Review Board.
The landscape plan shows 2.25% interior parking lot landscaping. Pursuant to Eagle City Code
Section 8-2A-7(K)(4), 5% interior parking lot landscaping is required. The applicant is requesting
an alternative method of compliance for the reduced interior landscaping based on the space
limitations of the site with an ACHD easement along East Aikens Road and drainage ditch along
the southern half of the site and the need for parking in this area. Staff defers comment regarding
the alternative method of compliance request for the reduced percentage of interior landscaping to
the Design Review Board.
The landscape plan shows one parking space that is not within 60-feet of an interior landscaped
area. Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(2), no parking space is permitted to be
more than 60-feet from an interior landscape area. The applicant is requesting an alternative method
of compliance to not require an additional interior landscaped area based on the space limitations
of the site with an ACHD easement along East Aikens Road and drainage ditch along the southern
half of the site, the perimeter landscaping adjacent to this parking space, and the need for parking
in this area. Staff defers comment regarding the alternative method of compliance request for the
additional interior landscape area 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 May 9, 2024. The
application was continued to August 28, 2025, at which time the Board made their decision.
BOARD DELIBERATION:
On May 9, 2024, upon completion of the applicant's and staffls presentations, the Board discussed during
deliberation that:
• The Board is in favor of the design, materials, and colors of the building with the recommendation to
look into revising the north building elevation so that the building doesn't have a flat fa�ade for a long
distance.
• The Board is not in favor of the proposed site plan and landscape plan. T'he Board recommended
continuing the application to allow the applicant time to address their concerns regarding the landscape
deiiciencies for the perimeter parking area landscaping and interior landscaping, streetscape along East
Aikens Road, drive aisle widths, trash enclosure locations and access, accessible parking spaces, and
fencing styles along the west property line.
BOARD DELIBERATION:
On August 28, 2025, upon completion of the applicant's and staff's presentations, the Board discussed
during deliberation that:
• The Board is in favor of the design, materials, and colors of the building. The Board discussed the
possibility of reducing some of the dentals on the building but did not require this in a condition.
• The Board recommended the landscape plan be revised to move the interior landscaping island over
two spaces so that the code requiring parking spaces to be located within 60-feet of an interior landscape
island was met.
• The Board is in favor of the requested relaxation of the requirement for the front and side setbacks, and
lot coverage for the site based on unique circumstances of an ACHD easement along the north property
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line and a drainage ditch easement along the southern portion of the property reducing the buildable
area by 50%.
• The Board is in favor of the alternative method of compliance request for the reduction in interior
landscaping and reduction in the width of the perimeter landscaping based on the constraints of the site,
accessible parking space location, and proposed alternative landscaping.
• The Board is in favor of striking site specifc condition no. 5 for the landscape buffer around the trash
enclosure since the trash enclosure has been designed to be a part of the building and not a stand alone
enclosure.
BOARD DECISION:
The Board voted 4 to 0(Greer, Mihan, and Murphy absent) to recommend approval of DR-2024-16 for a
design review application for Aikens Towne Square Mixed Use building, with the following site specifc
conditions of approval and standard conditions of approval provided within their findings of fact and
conclusions of law document, dated September 11, 2025.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 23, 2025, at
which time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-2024-16 for a design review application for Aikens Towne Square
Mixed Use building, with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The Board approves the front setback at 11-feet, 6-inches, the applicant shall be required to provide
approval from ACHD for the overhangs to encroach into the easement area. The approval from ACHD
should be received prior to issuance of a zoning certificate.
2. Provide detailed cutsheets for the parking lot light. The detailed cutsheets shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
3. Provide a revised site and landscape plan showing the 10-foot wide sidewalk along East Aikens Road
to match ACHD's design standards and specifications for the Aikens Road Extension Project. The
revised site and landscape plan shall be reviewed and approved by staff prior to issuance of a zoning
certificate.
4. If trees are required to be removed due to construction limits, the applicant should be required to submit
a tree removal application with the location, species, size, and condition of the trees. Trees will be
required to be mitigated per Eagle City Code Section 8-2A-7(C). The tree removal application should
be reviewed and approved prior to the removal of any trees on the site.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first. �
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
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9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide a revised landscape plan showing the interior parking lot landscape island moved to the west a
minimum of two parking spaces. The revised landscape plan shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
13. The alternative method of compliance request for the reduction of the percentage of interior parking lot
landscaping from 5% to 3% is approved.
14. The alternative method of compliance request for the reduction in the width of the perimeter landscape
buffer from 5-feet to 2.5-feet is approved.
15. The setbacks and lot coverage, as shown on the site plan, date stamped by the City on July 25, 2025, is
approved.
16. Provide revised building elevations showing all metal roofing to have concealed fasteners. The revised
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 ar Certifcate 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 Certifcate 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
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approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, priar 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.
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 ar their property; and (3) satisfied the Idaho Standards for Public Warks Construction. A
copy of such written approval and certifcation shall be filed with the construction drawing and
submitted to the City prior to issuance of any building permits or Certiiicate 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 %rst. 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 frst. 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
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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 frst.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
priar to issuance of a building permit or Certificate of Occupancy, whichever occurs iirst.
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 iinal plat prior to issuance of a
building permit ar 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 speciiications 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 �rior 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
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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 indemnifes 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 re�riewed the particular facts and circumstances of this proposed design review application
(DR-2024-16) 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 mixed use building is permitted with the approval of a design review
application within the CBD (Central Business District) 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 mixed use building is
designed to comply with the Italianate architectural style identified in the Eagle Architecture and
Site Design book 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 adequate parking for all uses
proposed;
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 multi-tenant mixed use building is designed to meet the Italianate style of architecture
identified in the Eagle Architecture and Site Design book;
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 mixed use
building is in conformance with the Eagle Architecture and Site Design Book and has been
designed to complement 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 multi-tenant mixed use building height does not exceed 40-feet
permitted within Eagle City Code;
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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, a plaza area, and a parking area;
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 since the
sidewalk will provide connection to other sites; and
L No signs are proposed with this application. A separate design review application (DR-2024-17)
has been submitted for the master sign plan criteria for the site and the signs will be required to be
harmonious with the architectural design of the building and will not cover nor detract from
desirable architectural features.
3. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-3, "General Standards For Design Review" and has concluded that the proposed
design review:
A. The site has unique circumstances with an ACHD easement along the north property line and a
drainage ditch easement area along the southern portion of the site that limits the buildable area
and warrants an exception to the perimeter landscaping width and percentage of interior
landscaping requirements.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003.
DATED this 23`d day of September 2025.
CITY COUNCIL
OF THE CITY OF
Ada County, Idaho
Brad Pike, Mayor
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