Findings - CC - 2019 - DR-39-19 - 3509 W Bavaria StOb/1L
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR AN OFFICE
BUILDING IN ASHBURY COMMERCIAL
SUBDIVISION FOR OLSEN WHEELER
CPAS, PLLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -39-19
The above -entitled design review application came before the Eagle City Council for their action on July
23, 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:
Olsen Wheeler CPAs, PLLC, represented by Jessica Petty with 12.15 Design, LLC, is requesting design
review approval for a 4,533 -square foot office building. The 0.48 -acre site is located on the south side
of West Bavaria Street approximately 1,100 -feet west of intersection of North Meridian Road and West
Chinden Boulevard at 3509 West Bavaria Street (Lot 5, Block 1, Ashbury Commercial Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 16, 2019. Revised material (building
elevations and color building elevation) were received by the City on June 19, 2019.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 30, 2019, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 24, 2017, the Eagle City Council approved a design review application for Ashbury
Business Park Subdivision No. 2 (DR -42-17).
On November 16, 2017, the Eagle City Council approved a final plat application for Ashbury
Commercial (fka Ashbury Business Park Subdivision No. 2) (FP -19-17).
For additional property history see: CPA -09-06, A-19-06/RZ-25-09 & PP -19-06, FP -08-07, FP -01-08, CPA -5-
08 & A-03-08/RZ-8-08, A-04-09/RZ-04-09, RZ-04-09 MOD, PP -02-13, FP -12-13, EXT -03-16, DR -08-14, and
DR -23-16.
E. COMPANION APPLICATIONS: DR -40-19 (Olsen Wheeler CPA sign).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood
Residential
MU -DA (Mixed Use with a
development agreement)
Vacant land within
Ashbury Commercial
Subdivision
Proposed No Change No Change Office Building
North of site Neighborhood MU -DA (Mixed Use with a Ashbury Subdivision
Residential development agreement)
South of site Mixed Use (Meridian TN -C (Traditional Chinden BoulevardNacant
designation) Neighborhood — Center — Land
Meridian designation)
East of site Neighborhood MU -DA (Mixed Use with a Vacant land within
Residential development agreement) Ashbury Commercial
Subdivision
West of site Neighborhood MU -DA (Mixed Use with a Vacant land within
Residential development agreement) Ashbury Commercial
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: No
I. EXISTING SI1'E CHARACTERISTICS:
The site has been developed with curb, gutter, sidewalk, paved parking, a trash enclosure, and common
area landscaping as part of Ashbury Commercial Subdivision.
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J. S1'i'E DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.48 -acres (20,908 -square feet) 5,000 -square feet (minimum)
Percentage of Site Devoted 26% (approximately) 50% (maximum)
to Building Coverage
Percentage of Site Devoted 37% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 12 -parking spaces* 18 -parking spaces (minimum)
Front Setback (North) 62 -feet 20 -feet (minimum)
Rear Setback (South) 29 -feet 20 -feet (minimum)
Side Setback (West) 30 -feet 7.5 -feet (minimum)
Side Setback (East) 15 -feet 7.5 -feet (minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Office building: 4,533 -square feet
Office, business and professional — 1/250 -square feet of gross floor area
4,533/250 = 18 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces per 250 square feet of gross floor area for
an office:
Proposed Parking Spaces: 12*
*Ashbury Commercial Subdivision has a total of 135 existing parking spaces (including 12 -parking
spaces located on this site) to be utilized by the nine pad sites as permitted within the cross -parking
agreement (Note No. 1 on the recorded plat for Ashbury Commercial Subdivision).
Required Parking Spaces: 18 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Office, business and professional")
L. GENERAL SilE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as an office.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 24 -foot high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed office is approximately 4,533 -square feet.
On and Off -Site Circulation:
A 54,192 -square foot (approximately) paved parking lot will provide parking for vehicles using the
nine (9) pad sites within Ashbury Commercial Subdivision. Two twenty-four foot (24') wide shared
driveways are located on the north property line providing access to West Bavaria Street.
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M. BUII.DING DESIGN FEATURES:
Roof: Asphalt shingle (Slate Black), Asphalt shingle awning (Slate Black)
Walls: Stucco (Repose Grey SW70515), Boral Country Ledgestone (Echo Ridge), wood shingles
(Gauntlet Grey SW7019), wood horizontal siding (Pure White SW7005),
Windows/Doors: Wood (Pure White SW7005)
Fascia/Trim: Wood (Pure White SW7005), wood trusses (Pure White SW7005)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees exist along West Bavaria Street (installed with Ashbury Subdivision No. 4
common area landscaping).
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, 16% is proposed.
O. TRASH ENCLOSURES:
There is one existing 254 -square foot trash enclosure located near the north property line between the
two (2) shared driveways on West Bavaria Street. The enclosure is constructed of CMU walls with
stone veneer, a concrete cap and bronze metal gates; all of which will match the materials and colors
used in the construction of the future buildings.
P. MECHANICAL UNITS:
The applicant is proposing to locate the mechanical units in the attic. The mechanical units will be
inside the trusses of the attic and screened from view. No ground mounted mechanical units are
proposed, and none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan was previously approved with the Ashbury Commercial Subdivision
common area landscaping (DR -42-17). Detailed lighting cut sheets for two decorative wall lights
have been provided with this application which comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -40-19) has
been submitted for the approval of a building wall sign and monument sign tenant panel.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Meridian Fire Department has been received by the City. A water
service approval has not been received to date. The site is located within the Suez Water Service Area
and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON F1JTURE ACQUISITIONS MAP: No map currently exists.
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V. SPECIAL ON-Sri F'EATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
W. SUMMARY OF REVIEW OF ENVIRONMENIAL ASSESSMENI PLAN (IF' REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle Historic Preservation Committee
Eagle Parks, Pathways, and Recreation
Eagle Sewer District
Meridian Fire Department
W. LETTERS FROM THE PUBLIC: None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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:
Neighborhood Residential
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses. Commonly
requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project.
Base densities may be reduced, or units may be clustered to increase open space within a portion of a
site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure
appropriate transition between uses. See specific planning areas for further description.
B. DEVELOPMENT AGREEMEN'i CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.3
All commercial development within the Property shall be consistent with the Castlebury West
Business Park architectural style and be generally consistent with the Eagle Architecture and
Site Design Book. The Concept Plan shows the general nature and relative location of certain
improvements on the Property. It is the intent of this Agreement to all sufficient flexibility at
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the time a detailed plan and platting are submitted to Eagle, while maintaining the general
intent of the Concept Plan with the requirements set forth in this Agreement.
3.7.1 Non -Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that
complement or are ancillary to the Castlebury West Business Park and are otherwise limited to
the following uses, which may be constructed without a Conditional Use Permit:
• Office, business and professional
3.11 Commercial Building placement shall be designed such that parking areas are not concentrated
between the buildings and roadways of a collector status or higher. All buildings shall be
provided with architectural design elements and architectural relief in keeping with the
proposed architectural styles contained in Castlebury West Business Park.
3.11.1 All commercial structures within the Property shall be constructed utilizing architecture
consistent with the Castlebury West Business Park. All commercial development within
the Property shall be consistent with the Castlebury West Business Park and be
consistent with the Eagle Architecture and Site Design Book. Eagle Design Review
Board and Eagle City Council approval of the detailed architectural plans is required
prior to the issuance of building permits for multi -family residential and
commercial/retail buildings.
3.11.2 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, noise,
or related limitations at the design review approval stage to address additional concerns
that may arise.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8 -2A -6(B)(1): Exterior walls and soffits:
1. Exterior walls and soffits:
a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding, wood
shingle are permitted for accent only, twenty five percent (25%) maximum wall coverage
(per each facade);
Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited.
b. Fiber cement;
c. Masonite: horizontal lap only, maximum six inch (6") reveal;
d. Vinyl: 0.46 millimeter minimum thickness, integral color;
e. Textured tilt up concrete with accent reveals;
f. Textured pour in place concrete with accent reveals;
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g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for
accent only, ten percent (1O%) maximum wall coverage (per each facade);
h. Stucco: Twenty five percent (25%) planer change required, additional accents shall be
incorporated through the use of other material(s);
i. EWS: Permitted for accent only, ten percent (1O%) maximum wall coverage (per each
facade). Additional accents required through the use of other materials;
j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters,
dormers, cupolas, columns;
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance
its appearance. These treatments may include brick or masonry wainscot treatments along
exterior walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes
sections within the front facade that may be perpendicular to the road but within the face of
the building oriented toward the road.
A waiver of this subsection B lk on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped,
designed, and situated, to eliminate the stark utilitarian look intended to be prevented by
this subsection.
In addition to the metal siding prohibition listed in this subsection B ik, metal siding shall
be prohibited in the DDA, TDA, CEDA design review overlay district areas.
2. Roofs:
a. Wood shakes/shingles: premium on number 1 grade;
b. Architectural grade textured composition shingles;
c. Tile: cemetitious, clay;
d. Slate;
e. Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
f. Flat roof specification: single ply, built up (both nonreflective).
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 4,533 -square foot office
building within Ashbury Commercial Subdivision (fka Ashbury Business Park Subdivision No.
2). The parking lot, interior parking lot landscaping, and trash enclosure have been installed by
the developer of Ashbury Commercial Subdivision. The applicant's justification letter indicates
the architecture style of the building is Craftsman as identified within the Eagle Architecture and
Site Design book with the use of stone, stucco, and wood shaker shingle materials. Staff defers
comment regarding building design and colors to the Design Review Board.
• Sheet L1.1 shows an interior landscape island with landscaping proposed, however, landscaping
is already existing in the landscape island. In addition, the landscape plan does not show the
entire lot (area north of the first row of parking spaces). The applicant should be required to
provide a revised landscape plan showing the interior landscape island with note 2 that states
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"existing landscape to remain" and show the entire lot (including the area north of the first row of
parking spaces). The revised landscape plan should be reviewed and approved by staff prior to the
issuance of a zoning certificate.
• Sheet A1.0 shows the site, however, property lines have not been identified. The applicant should
be required to provide a revised site plan showing the location of all property lines. The revised
site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate.
• The applicant provided managing entity approval; however, it states "Your construction plans
which were submitted to us have been approved subject to the updated elevations provided to us
today. We will require the landscaping plan and color board with exterior selections for review
and approval." The applicant should be required to provide a revised managing entity approval
stating the elevations (including materials and colors) and the landscape plan are approved. The
revised managing entity approval letter should be reviewed and approved by staff prior to the
issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on June 27, 2019, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 1:09:02)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the building design, materials, and colors. The Board requested additional
architectural interest on the south building elevation facing West Chinden Boulevard.
• The Board is in favor of the proposed landscaping for the site.
BOARD DECISION:
The Board voted 6 to 0 (Schafer absent) to recommend approval of DR -39-19 for a design review
application for an office building within Ashbury Commercial Subdivision for Olsen Wheeler CPAs,
PLLC, with the site specific conditions of approval and standard conditions of approval provided within
their findings of fact and conclusions of law document, dated July 11, 2019.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 23, 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 -39-19 for a design review application for an office building
within Ashbury Commercial Subdivision for Olsen Wheeler CPAs, PLLC, with the following Design
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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-04-09 MOD/PP-02-13 and DR -42-17.
2. Provide a revised landscape plan showing the interior landscape island with note 2 that states
"existing landscape to remain" and show the entire lot (including the area south of the first row of
parking spaces). The revised landscape plan shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
3. Provide a revised site plan showing the location of all property lines. The revised site plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
4. Provide a revised managing entity approval stating the elevations (including materials and colors) and
the landscape plan are approved. The revised managing entity approval letter shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
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.
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 revised building elevations showing all rooftop vents, pipes, etc. painted to match the color of
the roof. The revised building elevations shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
13. Provide a revised lighting plan showing the location of all exterior soffit lighting. The lighting plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
14. Provide a revised landscape plan showing the location of all utility meters and transformer locations
showing how they will be screened from view with landscaping. The revised landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of
a zoning certificate.
15. Provide revised building elevations showing mullions in all the windows on all four building
elevations. Provide a revised building elevation showing additional architectural elements on the
south building elevation. The revised building elevations shall be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
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Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
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the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
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or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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 -39-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
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K:\Planning DeptTagle Applic:ations\Dr\2()19\DR-39-19 Office Bldg in Ashbury Commercial Sub cc;f.ducx
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 an office building is permitted with the approval of a design review
application within the MU -DA (Mixed Use with a development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed office building is designed with materials
and colors associated with the Craftsman architectural style which will harmonize with future
buildings within Ashbury Commercial Subdivision;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has parking on-site and within the
Ashbury Commercial Subdivision to meet the required parking for an office use;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed office building has been designed with quality materials that are consistent with the
Craftsman architectural style and will harmonize with the existing residential subdivisions 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
office building is in conformance with the Eagle Architecture and Site Design Book and has been
designed to complement the residential homes in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with a sidewalk that provides for walkability within the site and access to the other pad
sites in Ashbury Commercial 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 center in the area since there
is a sidewalk that connects to other pad sites within Ashbury Commercial Subdivision; and
I. No signs are proposed with this application. A separate design review application (DR -40-19) has
been submitted for the building wall sign and is harmonious with the architectural design of the
building and will not cover nor detract from desirable architectural features.
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K:\Planning Dept\Eagle Applications\Dr\2019\DR-39-19 Office Bldg in Ashbury Commercial Sub ccf.docx
DATED this 23rd day of July 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
Ar1'1EST:
Sharon Bergmann, Eagle City Clerk
of EA �ye
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K:APlanning Dept\Eagle Applications\Dr\2(11Y\I)R-39-19 Office Bldg in Ashhury Commercial Sub cad.,