Findings - CC - 2019 - DR-33-19 - Construct Multi-Tenant Retail/Restaurant/Drugstore W/Drive-ThruBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MULTI- )
TENANT RETAIL/RESTAURANT/DRUGSTORE )
BUILDING INCLUDING A DRIVE-THROUGH )
WITHIN TRUMAN COVE SUBDIVISION NO. 1 )
FOR RENNISON COMPANIES, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -33-19
The above -entitled design review application came before the Eagle City Council for their action on June
25, 2019. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Rennison Companies, Inc., represented by John Rennison, is requesting design review approval to
construct an 8,000 -square foot multi -tenant retail/restaurant/drugstore building including a drive-
through. The 0.99 -acre site is generally located on the southeast corner of State Highway 44 and South
Ancona Avenue at 2401 East State Street, within Truman Cove Subdivision No. 1 (Lot 3, Block 1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 18, 2019. A site plan with revised site
date was received by the City on May 14, 2019.
C. NOTICE OF AGENCIES' REVIhW:
Requests for agencies' reviews were transmitted on April 30, 2019, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes
Subdivision (RZ-10- 15 and PP -07-15).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application for a
subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
On January 12, 2017, the Eagle Design Review Board approved a design review modification to modify
the common area landscaping, location of eighteen (18) apartment buildings, and clubhouse within
Eagle Lakes Subdivision (DR -58-15 MOD).
On January 30, 2017, the Zoning Administrator approved a lot line adjustment (associated with the
subject site) for TPC Brooklyn Park, Investors, LLC (LLA -O1-17).
On June 13, 2017, the Eagle City Council approved the final plat for Truman Cove Subdivision No. 1
(formerly known as Eagle Lakes Subdivision) (FP -O1-17).
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On May 27, 2018, the Eagle City Council approved a development agreement modification for TPC
Brooklyn Park Investors, LLC (RZ-1O-15 MOD).
On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD)
modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes
Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family [consisting of
250 -units], 12 commercial, 10 -common, and 1 -private street) subdivision. The subdivision
modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family =consisting of 250 -units],
12 -commercial, and 15 -common [consisting of 1 -private street, 1 -private alley, and 1 -access drive])
(RZ-10-15 MOD2 & PP -07-15 MOD).
On November 13, 2018, the City Council approved a design review application for the common area
landscaping and entry feature within Truman Cove Subdivision No. 2 (DR -34-18).
On January 8, 2019, the City Council approved a modification to Condition of Development #3.6 of
the rezone development agreement associated with the approved Truman Cove Subdivision (RZ-10-15
MOD3).
On April 9, 2019, the City Council approved a design review application for the common area
landscaping and pool house within Truman Cove Subdivision No. 3 for John Rennison (DR -14-19).
E. COMPANION APPLICATIONS:
DR -34-19 (Master Sign Plan for Multi -Tenant Building).
DR -32-19 (Restaurant with drive-through).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA1ION
Existing Mixed Use and MU -DA (Mixed Use with a Vacant land (Truman Cove
Scenic Corridor development agreement in Subdivision No. 1)
lieu of a PUD)
Proposed No Change No Change Multi -tenant
retail/restaurant/drugstore building
with a drive-through
North of site
Mixed Use and BP (Business Park) and State Highway 44/Mobile home
Scenic Corridor MU (Mixed Use) park
South of site Mixed Use and MU -DA (Mixed Use with Vacant land (Truman Cove
Scenic Corridor development agreement in Subdivision No. 1/East Riverside
lieu of a PUD) Drive and vacant land (future retail
and office uses within Truman Cove
Subdivision No. 5)
East of site
West of site
Mixed Use and
Scenic Corridor
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
Eagle Lakes Apartments
Mixed Use and MU -DA (Mixed Use with a Proposed restaurant with drive -
Scenic Corridor development agreement) through
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G. DESIGN REVIEW OVERLAY DISTKICT: Not in the DDA, '1llA, CEDA, or DSDA.
H. URBAN RENEWAL DISIIZICT: Yes.
I. EXISI'ING SilE CHARACTERISTICS:
The site has been developed with curb, gutter, detached sidewalk, an 8 -foot wide landscape strip with
street trees along East Riverside Drive and South Ancona Avenue as part of street improvements along
the southern and western borders of the property. There are two driveways providing access to the three
commercial properties within Truman Cove Subdivision No. 1.
J. Si'i'EDATA:
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 (South)
Rear Setback (North)
Side Setback (East)
Side Setback (West)
K. PARKING ANALYSIS:
PROPOSED
0.99 -acres (43,022-sq.ft.)
31% (approximately)
19% (approximately) (including the
patio and landscaping in the ROW)
40 -parking spaces (including 2 compact)
40 -feet
20 -feet
39 -feet
43 -feet
REQUIRED
5,000- sq.ft. (minimum)
50% 5 (maximum)
10% (minimum)
To be determined upon
issuance of zoning certificate
for each tenant space
20 -feet (minimum)
20 -feet (minimum)
7.5 -feet (minimum)
7.5 -feet (minimum)
Gross Floor Area of multi -tenant building with a drive-through: 8,000 -square feet
Proposed Parking Spaces: 40
Required Parking Spaces (estimated per use requirements in Eagle City Code):
80, for 8,000 -square feet using 1 parking space per 100 -square feet for commercial entertainment
facilities; dance floor, skating rinks
40, for 8,000 -square feet using 3 parking spaces per alley or lane (36 for 12 lanes), plus 1 additional
space for each 100 -square feet of area used for restaurant, cocktail lounge, arcade area or similar (4 for
400 sq.ft.)
54, for 8,000 -square feet using 1 parking space per 150 -square feet for restaurant (no drive-thru), dining
rooms, taverns, nightclubs, etc.
Development Agreement Note 3.6: Regarding the "proposed drive-through end cap" (retail
building 8,000 -square feet), as shown on the site plan as building B, shall be limited to a
smoothie/juice shop or drugstore use.
40, for 8,000 -square feet using 1 parking space per 200 -square feet for restaurants with drive-through,
banks/financial institutions, clinic, emergency health care, offices, medical and dental
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32, for 8,000 -square feet using 1 parking space per 250 -square feet for food and beverage sales, offices;
business and professional, health clubs, spas, and weight reduction salons, personal improvement,
personal services, retail sales, convenience store, travel services, government offices
27, for 8,000 -square feet using 1 parking space per 300 -square feet for Laundromat, cultural facilities
20, for 8,000 -square feet using 1 parking space per 400 -square feet for catering service, home and
business services, printing and blueprinting, laundry, veterinary clinic, libraries, museums, art galleries
16, for 8,000 -square feet using 1 parking space per 500 -square feet for ambulance services,
communication facilities, emergency services, laboratories, retail sales of large items such as furniture
and appliances
8, for 8,000 -square feet using 1 parking space per 1,000 -square feet for artist studios, storage
(enclosed building)
40, for churches and other places of religious assembly having 200 seats using 1 parking space per 5
seats within the tenant space
9, for childcare — daycare center, nursery schools, kindergartens having up to three classrooms using
3 parking spaces per classroom but not less than 9 for the building.
30, for racquetball clubs using 3 parking spaces per court with 10 courts at 40' long x 20' wide or 2
double tennis courts at 78' long x 36' wide and 1 single tennis court at 78' long x 27' wide
40, for commercial entertainment facilities; auditoriums, sports arenas, theaters, and similar uses
having 120 seats using 1 parking space per each 3 seats
40, mortuaries, funeral parlors, and similar type uses having 160 seats using 1 parking space per 4
seats
40, business, technical and trade school uses having 80 students using 1 parking space per 2 students
Parking requirements will be determined upon review of the zoning certificate for each tenant space.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as five (5) possible tenant spaces
including one space with a drive-through on the west end of the building for a restaurant or drugstore.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 26 '/z' high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed multi -tenant building with drive-through is approximately 8,000 -square feet.
On and Off -Site Circulation:
A paved parking area provides parking for vehicles using this site that is accessed from two driveways
located on South Ancona Avenue. Properties on the site will share cross access
M. BUILDING DESIGN FEATURES:
Roof: Single ply/standing slim seam metal (White/Gavalume)
Walls: Stucco/EFIS (Moonshine/Pigeon Gray), thin brick veneer (Chalk Dust), fiber cement board
(River Rock)
Windows/Doors: Aluminum storefront (Charcoal)
Fascia/Trim: Metal (Roman Clover), porcelain tile (Azul + Limestone + Black Line), metal coping
(Hale Navy)
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N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The existing street trees along East Riverside
Drive and South Ancona Avenue will be protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees were installed along East Riverside Drive and South Ancona Avenue by the
developer of Truman Cove Subdivision (fka Eagle Lakes Subdivision).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 8% is proposed.
O. TRASH ENCLOSURES:
One (1) 216 -square foot trash enclosure is proposed to be located near the southern driveway located
on South Ancona Avenue. Elevations of the trash enclosure were not provided. Detailed elevations of
the trash enclosure showing height, length, width, colors, materials, and style of gates are required to
be reviewed and approved by the Design Review Board prior to issuance of any building permits. The
trash enclosure will be shared with other tenants located on the overall site within Lots 1-3, Block 1.
A shared trash enclosure agreement should be required to provide all tenants access to this trash
enclosure
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. 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 of all site and building lighting
has been provided (attached hereto). Detailed cut sheets have been provided which comply with Eagle
City Code Section 8-4-4-2 (attached hereto).
R. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -34-19) has
been submitted for the approval of a master sign plan for this building.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
T. PUBLIC USES PROPOSED: None
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-SI'IE FEATURES:
Areas of Critical Environmental Concern - none
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Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — yes — street trees exist along East Riverside Drive and South Ancona Avenue
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 ASSESSMEN'I' PLAN OF REQUIRED):
Not required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle Fire Department
Idaho Transportation Department
Y. LE'I'I'ERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
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. DEVELOPMEN'I' AGREEMENT CONDITIONS OF DEVELOPMEN'I' WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.6 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement, the Property can be developed and used consistent with the Mixed Use District land
uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations",
existing at the time a design review application or conditional use permit application (whichever
the case may be) is made for individual building use.
All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section
8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses
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shown as "C" conditional uses under the MU zoning designation shall require a conditional use
permit, except that the residential portions of the Property described in Section 3.3 shall not require
a conditional use permit.
The following uses which are shown as "C" conditional uses or prohibited under the MU zoning
designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"
shall be permitted uses on the Property:
• Apartment
• Multi -family dwelling
• Daycare Center
• Coffee Shop with Drive Up Service
• Commercial Entertainment Facilities (Indoor and Outdoor)
• Drugstore with Drive Up Service
• Hotel
• Nursing/Convalescent Home
• Parking Lot, Parking Garage, Commercial
• Retail Sales (General)
• Retail Sales (Limited)
• Smoothie/Juice Shop with Drive Up Service
• Storage (Enclosed Building)
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above, the following uses shall also be prohibited on the Property:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
In addition, the "Proposed Drive Thru Retail Building 1,400 SF" as shown on the Concept Plan
(Exhibit D), shall be limited to a coffee house use. The "Proposed Drive Thru End Cap" (Retail
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Building 8,000 SF) as shown on the Concept Plan (Exhibit D) shall be limited to a smoothie/juice
shop or drugstore use.
3.61 Any building with a proposed drive-through shall be designed in such a way as to compliment
the overall character of the development and design styles exceeding the standard utilitarian look
of a building with a drive-through shall be required. The Owner shall also provide a minimum
forty-eight inch (48") high berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall, landscaping, or combination thereof within the buffer area
adjacent to the drive-through lane to reduce the impact of the vehicles utilizing the drive-through
lane (i.e. vehicle headlights and vehicle cueing), as shown on Exhibit E 1-2.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDJNG 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)(2): Existing Vegetation:
2. 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 or shrub shall be replaced in accordance with subsection Cl of
this section.
D. DISCUSSION:
• The applicant is requesting design review approval to construct one (1) 8,000 -square foot multi -
tenant retail/restaurant/drugstore building including a drive-through. The building design follows
the Italianate style architecture as defined within the Eagle Architecture and Site Design Book. The
asymmetrical arrangement of various focal elements are indicative features of a more contemporary
Italianate style architecture. A mix of materials keeps the exterior elevation interesting,
incorporating brick veneer, stucco, a natural -looking fiber cement board, and a decorative porcelain
tile below the windowsills. Store fronts and man doors face east towards East Riverside Drive and
the parking area. The overall massing of feature elements provides a strong visual presence on the
north side of the building along State Highway 44.
The west building elevation, which includes the drive-through, should be revised to incorporate
additional materials and features to provide architectural interest and match the other building
elevation facades. The applicant should provide revised building elevations to be reviewed and
approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning
certificate.
• The site and landscape plan show a patio area east of the multi -tenant building, however, no
cutsheets for benches, tables, etc. were provided. The applicant should be required to provide
detailed cutsheets of all benches, tables, etc. to be utilized within the patio area showing the size,
style, color, etc. The detailed cutsheets should be reviewed and approved by staff and one (1)
member of the Design Review Board prior to the issuance of a zoning certificate.
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• The proposed multi -tenant retail/restaurant/drugstore building with drive-through, shown on the
site plan, date stamped by the City on April 18, 2019, is to be located within Lot 3, Block 1 of
Truman Cove Subdivision No. 1. The final plat for Truman Cove Subdivision No. 1 has not been
recorded to date. Based on the review of the application being site specific, the applicant should be
required to provide a recorded copy of the final plat for Truman Cove Subdivision No. 1 prior to
issuance of a zoning certificate for the multi -tenant retail/restaurant/drugstore building with drive-
through.
• Parking for the site is undetermined at this time and should be determined upon the issuance of a
zoning certificate for each tenant space. There are 40 proposed parking spaces which includes one
(1) handicap space and two (2) compact spaces. The parking area, landscape, and multi -tenant
building will be constructed in one phase for this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
NOiE: Additional conditions may be placed on this application by the Design Review Board and
City Council. The Board and/or City Council may also request a continuance of this item if they
determine that they need revised plans or other additional information to complete the review.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 23, 2019, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIJiERAiION: (Granicus time 2:31:15)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the architectural design, materials, and colors, and agrees with site specific
condition no. 4 regarding additional architectural interest on the west building elevation.
BOARD DECISION:
The Board voted 5 to 0 (Brasher and Grubb absent) to recommend approval of DR -33-19 for a design
review application to construct an 8,000 -square foot multi -tenant retaillrestaurant/drugstore building
including a drive-through for Rennison Companies, Inc., with the staff recommended site specific
conditions of approval and standard conditions of approval provided within their findings of fact and
conclusions of law document, dated June 13, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 25, 2019, at which time
the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR -33-19 for a design review application to construct an 8,000 -
square foot multi -tenant retaillrestaurant/drugstore building including a drive-through for Rennison
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Companies, Inc., with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-1O-15, PP -07-15, DR -58-15, DR -59-15, DR -34-18, DR -
14 -19 and any subsequent modifications.
2. Any plant material damaged during construction shall be replaced in accordance with Eagle City
Code Section 8 -2A -7(C)(2) prior to issuance of a certificate of completion.
3. All existing landscaping shall be protected and retained during construction.
4. Provide revised building elevations showing additional materials and architectural interest on the west
facing building elevation. The revised building elevations shall be reviewed and approved by staff and
one (1) member of the Design Review Board prior to the issuance of a zoning certificate.
5. Provide detailed cutsheets of all benches, tables, etc. to be utilized within the patio area showing the
size, style, color, etc. The detailed cutsheets shall be reviewed and approved by staff and one (1)
member of the Design Review Board prior to the issuance of a tenant improvement building permit.
6. Provide a recorded copy of the final plat for Truman Cove Subdivision No. 1 prior to issuance of a
zoning certificate for the multi -tenant retaillrestaurant/drugstore building with drive-through.
7. Provide an executed shared trash enclosure use agreement with the two other property owners located
within Truman Cove Subdivision No. 1 prior to the issuance of a zoning certificate. The agreement
shall be reviewed and approved by the City prior to execution.
8. Provide a cross access agreement with the adjacent property owners for ingress/egress to the site. The
cross -access agreement shall be reviewed and approved by staff and shall be recorded in the Ada
County Recorder's Office prior to the issuance of a zoning certificate.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
10. 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.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
13. No ground mounted mechanical units are proposed with this application and none are approved.
14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application and none are 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
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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 shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
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 Engineer prior to the City Engineer
signing the final plat.
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, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
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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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to 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 inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt 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
Pathway/Greenbelt 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.
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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
Commission and/or 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/or 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. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use
is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -33-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
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2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a multi -tenant 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 multi -tenant building is designed with
materials and colors associated with a contemporary Italianate style architecture which
complements 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 meets the required parking for the
proposed uses;
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 feature since the
proposed building has been designed with quality materials that are consistent with a contemporary
Italianate architectural style and will harmonize with the existing multi -family residential
subdivision and other retail and office buildings in the vicinity;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building is in conformance with the Eagle Architectural and Site Design Book and have been
designed to complement the multi -family residential subdivision and other retail and office
buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
regulations;
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 a sidewalk and pathway that provides for pedestrian connectivity within the site and
access to the other pad sites within other phases of the Truman Cove Subdivision;
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 and commercial center in the
area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
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DATED this 25th day of June 2019.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
�--
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City C erk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
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