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Findings - DR - 2009 - DR-13-09 - Common Area Landscaping In Eagle Island Marketplace, Including Fred Meyer/8-Multi-Ten BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR THE COMMON AREA ) LANDSCAPING WITHIN EAGLE ISLAND ) MARKETPLACE, INCLUDING FRED MEYER ) AND EIGHT MULTI-TENANT RETAILIRESTAURANT ) BUILDINGS FOR EISENBERG COMPANY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-13-09 The above-entitled design review application came before the Eagle Design Review Board for their action on May 14, 2009. Due to lack of a quorum, the item was (;ontinued to May 28, 2009. Per the applicant's request, the item was continued to June 11,2009, at which time the Board made their decision. The Eagle Design Review Board 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: Eisenberg Company, represented by Van Elg and Phil Hull with The Land Group, Inc., is requesting design review approval of the common area landscaping within Eagle Island Marketplace, including a 187 ,93 I-square foot Fred Meyer Store and eight (8) multi-tenant retail/restaurant buildings which total139,439-square feet. The 38.39-acre site is located on the northeast corner of West Chinden Boulevard and Linder Road at 1240 West Chin den Boulevard. B. APPLICA TION SUBMITTAL: The City of Eagle received the application for this item on April 9, 2009. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 22, 2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text amendment and annexation (once contiguous) and a rezone with development agreement for this site (CP A-5-08 & A-03-08 & RZ-08-08). E. COMPANION APPLICATIONS: DR-14-09 (master sign plan for Eagle Island Marketplace) DR-I 5-09 (master sign plan for Fred Meyer) Page I of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use RUT (Rural- Urban Pasture Professional Office Transition - Ada County Commercial designation) Proposed Commercial RUT (Rural - Urban Proposed Fred Meyers & Transition - Ada County commercial development designation) North of site Transitional Residential RUT (Rural - Urban ResidentialIPasture Transition - Ada County designation) South of site Meridian AOI RUT (Rural- Urban ResidentialIPasture Transition - Ada County designation) East of site Public/Semi Public RUT (Rural- Urban Foxtail Golf Course Transition - Ada County designation) West of site Rural/ Ag Lifestyle R-4 (Meridian designation) Residential Development RUT (Rural Urban Transition (.25 acre to 4.33 acre lots) - Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is predominately flat and is used for agricultural purposes. Page 2 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 38.39-acres (l,672,269-square feet) 0.02-acres (l ,300-square feet) (minimum) Percentage of Site Devoted to 19% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 37% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 1,618-parking spaces proposed at 1,652-parking spaces proposed full buDd-out at full build-out Front Setback 35-feet (south)* 0- feet* * Rear Setback 60-feet (north)* 0- feet Side Setback 25-feet (west)* 25-feet (minimum - from Linder Road per DA) Side Setback 20-feet (east)* 0- feet * Note: Setback measure from the property line to the closest building. ** Note: All buildings shall be set back a minimum of I05-feet from the centerline of Chinden Boulevard to accommodate future corridor widening. J. GENERAL SITE DESIGN FEATURES: FRED MEYER: Number and Uses of Proposed Buildings: One building to be used for retail, grocery, pharmacy, and bank. Height and Number of Stories of Proposed Buildings: 35-feet; one story with a mezzanine. Gross Floor Area of Proposed Buildings: Store 167,844-square feet Store Mezzanine 3,914-square feet Garden Center 16.000-square feet Total 187,758-square feet Parking Spaces Required: 187,758-SF/250 = 751-parking spaces Parking Spaces Provided: 735-parking spaces Building Design Features: Roof: Ballasted single-ply (Light grey ballast with black EPDM membrane) Walls: Smooth and split face CMU (painted), Brick veneer (Mutual Materials Copper and Mt. Red), Stone Veneer (Cultured Stone - Chardonnay Country Ledgestone), Wood (Cedar Natural Finish), Concrete (natural finish), Metal Canopy (Aged Bronze and Finish to match Page 3 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc Pendula Garden), Canvas Awning (Clover Patch), and E.I.F.S (Integral color) WindowslDoors: Clear Glass (Clear Solarban 60) and Spandrel Glass (Harmony Grey) FUEL CENTER: Number and Uses of Proposed Buildings: One building to be used for a fuel kiosk, including a fuel canopy. Height and Number of Stories of Proposed Buildings: Kiosk = 11' high, one story Fuel canopy = 19', one story Gross Floor Area of Proposed Buildings: Kiosk 173-square feet Fuel canopy 5,375-square feet (not included in overall parking calculations) Parking Required: 173-SF/250 = 1 + 1 parking spaces for each 2 gasoline pumps for a total of 4- parking spaces Parking Spaces Provided: 4-parking spaces Building Design Features: Roof: Metal (Oyster Shell and Monestary Brown) Walls: Split Face CMU to match canopy colors WindowslDoors: Clear glass, Metal doors (painted to match Split Face CMU) CHASE BANK: Number and Uses of Proposed Buildings: One building to be used for an A TM for Chase Bank. Height and Number of Stories of Proposed Buildings: 10-feet high, one story. Gross Floor Area of Proposed Buildings: 30-square feet (not included in overall parking calculations) Building Design Features: Roof: Metal standing seam (Brush Box) Walls: Cultured Stone (Chardonnay Country Ledgestone) WindowslDoors: N/ A Fascia/Trim: Painted steel trim color to match brush box PAD 1: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (3,000- square feet maximum permitted for restaurant use). Height and Number of Stories of Proposed Buildings: 29' 3" high, one story. Gross Floor Area of Proposed Buildings: 7,800-square feet total. Parking Spaces Required: 7 ,800-SF /250 = 31-parking spaces if all retail uses Restaurant space = 3,000-SF (maximum) = 20-parking spaces Retail space = 4,800-SF = 19-parking spaces Total w/ restaurant use = 39-parking spaces Page 4 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc Parking Spaces Provided: 39-parking spaces Building Design Features: Roof: Single ply (light gray or white) Walls: Split Face CMU, Stucco, Basalite-Spec Brick WindowslDoors: Dark Bronze with clear glass, Metal doors PAD 2: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (7,400- square feet maximum permitted for restaurant use). Height and Number of Stories of Proposed Buildings: 30' high, one story. Gross Floor Area of Proposed Buildings: 18,806-square feet. Parking Required: 18,806-SF /250 = 75-parking spaces if all retail uses Restaurant space =7,400-SF (maximum) = 49-parking spaces Retail space = 11 ,406-SF = 46-parking spaces Total w/ restaurant use = 95-parking spaces Parking Proposed: 95-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Smooth and Split Face CMU, Basalite-Spec Brick, Stucco WindowslDoors: Dark Bronze with clear glass, Metal doors PAD 4: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (4,100- square feet maximum permitted for restaurant use). Height and Number of Stories of Proposed Buildings: 30' high, one story. Gross Floor Area of Proposed Buildings: 1 0,933-square feet. Parking Required: 1 0,933-SF/250 = 44-parking spaces if all retail uses Restaurant space =4,100-SF (maximum) = 27-parking spaces Retail space = 6,833-SF = 27-parking spaces Total w/ restaurant use = 54-parking spaces Parking Proposed: 54-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Split Face CMU, Stucco, Basalite-Spec Brick, WindowslDoors: Dark Bronze with clear glass" Metal doors Page 5 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR.13.09 E1MP-Fred Meyer-8 pad sites drf.doc PAD 5: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (2,600- square feet maximum permitted for restaurant use). Height and Number of Stories of Proposed Buildings: 30' high, one story. Gross Floor Area of Proposed Buildings: 5,400-square feet. Parking Required: 5,400-SF/250 = 22-parking spaces if all retail uses Restaurant space =2,600-SF (maximum) = 17-parking spaces Retail space = 2,800-SF = II-parking spaces Total w/ restaurant use = 28-parking spaces Parking Proposed: 28-parking spaces Building Design Features: Roof: Single play (Light Gray or White) Walls: Split Face CMU, Stucco, Basalite-Spec Brick WindowslDoors: Dark Bronze with clear glass, Metal doors PAD 6: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (3,700- square feet maximum permitted for restaurant use). Height and Number of Stories of Proposed Buildings: 30' high, one story. Gross Floor Area of Proposed Buildings: 8,876-square feet. Parking Required: 8,876-SF/250 = 36-parking spaces if all retail uses Restaurant space =3,600-SF (maximum) = 24-parking spaces Retail space = 5,175-SF = 21-parking spaces Total w/ restaurant use = 48-parking spaces Parking Proposed: 48-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Basalite-Spec Brick, Stucco WindowslDoors: Dark bronze with clear glass, Metal doors PAD 13: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (6,200- square feet maximum permit for restaurant use). Height and Number of Stories of Proposed Buildings: 26' 4" high, one story. Gross Floor Area of Proposed Buildings: 9,788-square feet (exceeds what is permitted within the pre annexation and development agreement). Page 6 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc Parking Required: 9,788-SF/250 = 39-parking spaces if all retail uses Restaurant space =6,200-SF (maximum) = 41-parking spaces Retail space = 3,580-SF = 14-parking spaces Total w/ restaurant use = 55-parking spaces Parking Proposed: 55-parking spaces Building Design Features: Roof: Single ply (light Gray or White) Walls: Basalite-Spec Brick, Split Face CMU, Stucco WindowslDoors: Dark Bronze with clear glass, Metal doors PAD 14: Number and Uses of Proposed Buildings: One building to be used for retail/restaurant (8,350- square feet maximum permitted for restaurant use). Height and Number of Stories of Proposed Buildings: 30' high, one story. Gross Floor Area of Proposed Buildings: 10,257-square feet. Parking Required: 10,257-SF/250 = 41-parking spaces if all retail uses Restaurant space = 8,350-SF (maximum) = 56-parking spaces Retail space = 1 ,934-SF = 8-parking spaces Total w/ restaurant use = 64-parking spaces Parking Proposed: 64-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Basalite-Spec Brick, Split Face CMU, Stucco WindowslDoors: Dark bronze with clear glass, metal doors PAD 15: Number and Uses of Proposed Buildings: One building to be used for retail. Height and Number of Stories of Proposed Buildings: 29' 4" high, one story. Gross Floor Area of Proposed Buildings: 20, 198-square feet Parking Required: 20,198-SF/250 = 81-parking spaces if all retaD uses Parking Proposed: 72-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Basalite-Spec Brick, Smooth and Split Face CMU, Stucco WindowslDoors: Dark Bronze with clear glass, Metal doors Page 7 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer.8 pad sites drf.doc PAD 16: Number and Uses of Proposed Buildings: One building to be used for retail. Height and Number of Stories of Proposed Buildings: 34' high, one story. Gross Floor Area of Proposed Buildings: 30,029-square feet. Parking Required: 30,029-SF/250 = 120-parking spaces if all retail uses Parking Proposed: 106-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Smooth and Split Face CMU, Stucco, Basalite-Spec Brick WindowslDoors: Dark bronze with clear glass, Metal doors PAD 17: Number and Uses of Proposed Buildings: One building to be used for retail. Height and Number of Stories of Proposed Buildings: 29' 4" high, one story. Gross Floor Area of Proposed Buildings: 17,886-square feet Parking Required: 17,886-SF/250 = 72-parking spaces if all retail uses Parking Proposed: 63-parking spaces Building Design Features: Roof: Single Ply (Light Gray or White) Walls: Smooth and Split Face CMU, Stucco, Stone, Basalite-Spec Brick WindowslDoors: Dark bronze with clear glass, Metal doors K. ON AND OFF-SITE CIRCULATION: A 696,4 70-square foot (approximately) (74, 715-square foot undeveloped at this time) paved parking lot provides parking for vehicles using this site. One 6O-foot wide driveway is proposed to be located on the south side of this site approximately 250-feet west of the east property line proving access to Chinden Boulevard. Three (3) 30-foot wide driveways are proposed to be located on the west side of this site approximately 19-feet, 490-feet, and 895-feet south of the north property line providing access to Linder Road. L. 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 are proposed along the frontage of Chin den Boulevard and Linder Road. Page 8 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: FRED MEYER: One 450-square foot trash enclosure is proposed to be located along the north side ofthe building. The enclosure is proposed to be constructed with 8-foot high CMU walls with metal gates, all of which will be painted to match the colors used in the construction of the building. OTHER PAD SITES: Single = 80-square feet, Double = 160-square feet, and Triple = 240-square feet trash enclosures are to be located throughout the development. The enclosures are to be constructed with 6-foot high CMU walls with metal gates, all of which will be painted to match the colors used in the construction of the buildings. N. MECHANICAL UNITS: The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are proposed to be screened by parapet walls. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES A V AILABLE: A preliminary approval letter from Meridian Rural Fire District 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. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Page 9 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drfdoc Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District — A comprehensive review of the site development plan is required prior to the issuance of a building permit. Enter into a development agreement with the ACHD for the construction of improvements at the Linder/Chinden intersection prior to issuance of a building permit. Meridian Rural Fire District — Verify water supply for fire protection prior to combustible construction begins on site. Provide Knox box entry systems for the complex prior to occupancy. Provide construction plans to be reviewed by the Meridian Rural Fire District prior to issuance of a building permit. Settler's Irrigation District — Protect and ensure continued function of irrigation/drainage facilities. A pressurized irrigation system must be provided to service the lots within this development. W. LETTERS FROM THE PUBLIC: None received to date. X. CITY FORESTER COMMENTS: N/A STAFF ANALYSIS PROVIDED VV i i End THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as Commercial. • 6.3.19 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 increase setbacks and buffering of development including natural vegetation and restoration, regional trail and connectivity. • 6.6 Land Use Implementation Strategies c. Signage for non-residential uses should be incorporated as a master sign plan rather than individual signs when located along State Highways and entry corridors. Page 10 of 23 K:\Planning Dept\Eagle Applications1Dr120091DR-13-09 EIMP-Fred Meyer -8 pad sites drfdoc . 12.4 Implementation Strategies s. State Highway 44, State Highway 55, State Highway 20/26, State Highway 16 and the proposed east west collector are designed as scenic corridors requiring landscaped setback and separated meanderings sidewalks, modified standards may be necessary within the Eagle Foothills. B. PRE ANNEXATION AND DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.9 All development of the Property shall be consistent with Landscape Guidelines, site Design Guidelines, and Architectural Guidelines compiled in connection with the Eagle Design Review Process, and shall be generally consistent with the Concept Plan, provided that the development guidelines do not conflict with Section 3.2 of this Agreement. The Applicant shall submit a Design Review site layout and landscape application for the site, and shall comply with all conditions required by Eagle as part of Design Review prior to submittal of final plat. 3.13 Applicant will construct improvements and satisfy all conditions required by the Ada County Highway District and the Idaho Transportation Department prior to the issuance of any Certificate of Occupancy for any building within the development. If Applicant submits for a Design Review application prior to ITD/ ACHD access being granted all access points and associated site design features including but not limited to landscaping, circulation, drive aisles, pedestrian connectivity, turning movements, site signage and parking configuration for the southeastern portion of the site must be reviewed by the Design Review Board and approved by the Eagle City Council prior to issuance of a zoning certificate for the site. 3.14 In addition to the sidewalks proposed around the perimeter of the development (see Concept Plan), the applicant will design the proposed interior parking lot pathways (sidewalks) to provide optimum pedestrian interconnectivity to all portions of the site which should reduce the need to drive from store to store and should promote enhanced pedestrian movement within the site. The site is to be designed with shelters, "kiosks" pergolas, etc, in strategic locations to provide refuge and visual relief to pedestrians traversing the parking lot. The concrete sidewalks along Linder Road and Chinden Boulevard shall be a minimum of 6-foot wide and configured in a meandering pattern compliant with all ADA requirements. 3.15 The Applicant shall construct outdoor plaza areas in strategic locations within the development and in front of the buildings to accommodate and facilitate gathering points for users of the development. These plaza areas shall include items such as seating areas, art work, fountains, landscaping, drinking fountains, bike racks, or similar features designed and displayed in a manner that lends to establishing a common theme or identity to the development. 3.16 Due to the high visibility of the Chinden Boulevard and Linder Road intersection, special attention shall be given to the configuration and position of the buildings abutting the roadways. Buildings should be designed to be positioned at varied distances from the abutting roadways to provide modulation, and building footprints and fenestrations are encouraged to be irregular to inspire greater creative designs. All lots and buildings shall be configured to screen any and all loading areas and trash enclosures from view as seen from residential uses or public roadways. Building placement shall be designed such that parking areas are not concentrated between the buildings and the abutting roadways. The parking areas depicted on the Concept Plan are not considered to be concentrated between the buildings and the abutting roadways. The side of any buildings facing the roadways shall be provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. Page 11 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc 3.17 All buildings shall be set back a minimum of 105-feet from the centerline of Chin den Boulevard to accommodate future corridor widening. Buildings shall be setback a minimum of25-feet from the new right-of-way line on Linder Road to provide for landscaping and potential roadway widening. 3.18 The development shall include buffers pursuant to Eagle City Code 8-3-3 D. All service areas (loading bays, trash compactors, etc) shall be designed to lessen impacts (noise, glare, odors, etc) upon adjacent residential uses. The storage of materials, packing supplies, and merchandise is prohibited within the service-drive aisle and service areas. Tasteful displays of merchandise may be permitted outdoors if approved through a development application. 3.19 The remote A TM and pharmacy shall be designed to be aesthetically pleasing and fit within the context of the project and the City of Eagle and be shielded by landscaping, berming, and/or the siting of other buildings within the development to reduce visibility and the impacts of noise, headlights and glare from the exterior of the site. The remote ATM's location and siting standards are to be provided to the Eagle Design Review Board for their review and recommendation in conjunction with the required submittal for the site. 3.23 The entry feature shown on the Concept Plan (northeast corner of the intersection of Chin den and Linder) shall be designed with features and elements that promote and continue the identity and character established by other entry features located within Eagle. The specific design ofthe entry feature shall be reviewed and approved by the Design Review Board and the Eagle City Council prior to the issuance of a zoning certificate. The entry feature shall be installed prior to the issuance of a Certificate of Occupancy for any building within the development. Upon completion, ownership of the entry sign shall be conveyed to Eagle. Recordable provisions for the perpetual location and maintenance of the entry sign shall be provided to Eagle. Such provisions shall be reviewed and approved by the City Attorney prior to recordation. Such provisions shall be recorded prior to the issuance of a Certificate of Occupancy. 3.26 Individual buildings located in the south portion of the development along Chinden Boulevard shall not exceed 9,600 square feet (as proposed on the site plan). Additional uses and expansion of individual buildings may be permitted if a modification to this application is applied for and approved by Eagle. 3.30 The Applicant shall work with the three (3) residential neighbors immediately west of the Property to design a landscape buffer on such neighbors lots for visual screening that contains evergreen trees with a height of six (6) to seven (7) feet (at the time of planting) located approximately fifteen (15) feet apart. C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-5(E) Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD book, established through a resolution of the city council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, exhibit A- I may only be modified through an ordinance amendment. The architecture styles found in the EASD book are permitted styles. Architectural styles not shown within the EASD book will not be considered. A copy of the EASD book is available at Eagle city hall. Page 12 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc . Eagle City Code Section 8-2A-6(A)(4)(e) The size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties, neighborhoods, or streets. . Eagle City Code Section 8-2A-6(A)(5) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground, and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations; and . Eagle City Code Section 8-2A-6(A)(6) Building Design: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. A void monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. . Eagle City Code Section 8-2A-7(E)(8)(a-c) a. Certification Of Completion: Upon the completion of the landscape installation, or other improvement subject to design review approval, a written certification of completion shall be prepared by the licensed landscape architect responsible for the landscape plan. The certification of completion shall state that the installation of all landscape improvements is Page 13 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc in substantial compliance with the city approved landscape plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and is required as a part of, and not in lieu of, the inspections performed and certificates issued by the city. b. Report Of Deficiencies: In the event that deficiencies are present after the landscape installation, or other improvements subject to design review approval, the licensed landscape architect shall prepare and file with the city a report noting the deficiencies in the improvements. The city will not accept a certification of completion, or issue a certificate of occupancy, until the licensed landscape architect has verified that the deficiencies have been corrected. c. Landscape Architect Designee: The licensed landscape architect may, at his or her discretion, appoint an authorized designee to certify the project provided that the designee is a licensed landscape architect. . Eagle City Code Section 8-4-5 Schedule of Parking Requirements institutions Restaurant with drive thru 1 for each 200 square feet of gross floor area; plus for 4 cars drive window 1 per 250 square feet gross floor area; 1 for each 2 gasoline 1 per 200 square feet of gross floor area; plus space for 5 cars for drive up service 1 per 150 square feet of gross floor area; plus 1 per square feet dance floor 1 per 250 square feet of gross floor area store Restaurants, dining rooms, taverns etc. Retail sales not listed under another use classification D. DISCUSSION: . On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text amendment, annexation (once contiguous) and a rezone with development agreement for this site (CPA-05-08 & A-03-08 & RZ-08-08). Currently, this proposed development is not within the City Limits of Eagle, nor is it contiguous at this time. However, City Staff anticipates annexation and rezone applications for the properties east of this proposed development will be through the City of Eagle review process by July or August. Thus this development will become contiguous to the City Limits and will be annexed and rezoned per the comprehensive plan and the pre annexation and development agreement. Per the pre annexation and development agreement for this development, until this site becomes annexed into the City of Eagle, the applicant is to submit and receive approval for the design and landscaping of any proposed building from the Eagle Design Review Board and City Council prior to the City issuing a letter of approval and/or conditions of approval for the application to Ada County. . The applicant is proposing to construct a total of 366, 164-square feet of commercial buildings within the Eagle Island Marketplace. The first phase of this development consist of installing the perimeter landscaping along Chin den Boulevard and Linder Road, installing the parking lot with associated landscaping for each pad site, constructing a 187,758-square foot Fred Meyer store and constructing seven multi-tenant retail/restaurant buildings totaling 139,973-square feet. The seven future pad sites, associated parking, and landscaping will be left vacant until development of those particular pad sites are ready. The architectural styles of all the buildings proposed within this application are a combination ofItalianate, Romanesque and Mediterranean. The materials and Page 14 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc colors proposed to be used in the construction of all the buildings blend very well and provide a unified look throughout the development, while providing enough character for each building to create individuality. · A 173-square foot kiosk is proposed to be constructed with the Fred Meyer fuel center proposed near the driveway entrance located on Chinden Boulevard. The kiosk is proposed to be constructed ofCMU block and the colors of the block are to match the colors of the fuel island canopy. It is staffs opinion that the architectural style of the building does not comply with one of the architectural styles within the EASD book, nor does it complement the architectural style of the proposed buildings within this application or within this development. The applicant should be required to provide revised elevation plans showing the architectural style and materials to be used in the construction of the fuel kiosk to match those used within the development and within the EASD book. The revised elevations and materials should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. Sheet AI, date stamped by the City on April 9, 2009, shows vending machines, coolers, and ice machines to be located around the perimeter of the fuel kiosk. Eagle City Code Section 8-2A- 6(A)(4)(e) states that the size, location, design, color, texture, lighting, landscaping, and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties, neighborhoods, or streets are to be reviewed by the Board. It is staff s opinion that these machines need to be located within the building or incorporated into the design of the building. The applicant should be required to provide revised building elevations showing the vending machines, coolers and ice machines to be designed and/or located in such a way to ensure that they are cohesive with the function of the fuel kiosk. The revised elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. . Building Pad 13, proposed to be located in the southeast corner of the development, is shown to be 9,788-square feet. Per 3.26 of the pre annexation and development agreement, individual buildings located in the south portion of the development along Chinden Boulevard shall not exceed 9,600 square feet (as proposed on the site plan). Additional uses and expansion of individual buildings may be permitted if a modification to this application is applied for and approved by Eagle. The applicant should be required to provide revised elevation, floor, site, and landscape plans showing the size of Pad 13 does not exceed 9,600-square feet. The revised elevation, floor, site, and landscape plans should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. . The applicant has shown the proposed building on Pad 13 to be located at the southeast corner of the development. The proposed location of this building is placed where ITD has recommended that a shared driveway to this site on Chinden Boulevard be situated. The applicant is aware that if the recommendation by ITD to locate the driveway on Chinden Boulevard at the southeast corner of this site is upheld that the design of the entire southeast corner of this development will have to be modified. The applicant should be required to comply with ITD with regard to driveway access, right-of-way dedication, and any other conditions required by lTD. If any conditions placed on this development by ITD require the applicant to modify the site layout, a Design Review Modification application should be submitted, reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for Pad 13. . The ACHD provided a draft "Informational Report", date stamped by the City on May 5, 2009. The ACHD has not completed a comprehensive review of the site development plan and request that prior to the City issuing a building permit for this site that they have the opportunity to complete a comprehensive review of this development which would include a revised traffic Page 15 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-] 3-09 EIMP-Fred Meyer-8 pad sites drf.doc impact study, site plan, and for the application to go through ACHD's Planning Review and Commission Hearing process. The applicant should be required to comply with ACHD with regard to driveway access, right-of-way dedication, impact fees, cross access, etc. A Comprehensive review of this development should be completed by the ACHD prior to the City issuing a zoning certificate for this site. . The landscape plans date stamped by the City on April 9, 2009, show a total of 1,618-parking spaces to be constructed with this development at full build-out. Per Eagle City Code, with the proposed uses submitted by the applicant, a total of 1 ,652-parking spaces would be required which is 34-parking spaces less than what is required. There is a possibility that if the applicant reduced the size of some of the buildings or reduced the amount of restaurant use proposed within this development that they could be meet the parking required within Eagle City Code. The applicant should be required to provide a revised site plan showing the size and used of buildings and parking calculations showing that the site will accommodate the required parking required for the proposed uses. The revised site plan and parking calculations should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. . The landscape plans date stamped by the City on April 9, 2009, do not show the location of any shopping cart storage racks to be located within the parking lot of the Fred Meyer site. Typically, these racks end up being located in parking spaces throughout the parking lot of the Fred Meyers. The applicant should be required to provide a revised site and parking lot plan showing the location of shopping cart storage racks and how they will not take away from the overall parking space count. The revised site and parking lot plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . The landscape plans dated stamped by the City on April 9, 2009, do not show a trash enclosure to be located near Pad 1. The closest trash enclosure to be constructed within this development is proposed to be located on the east side of Pad 2, which is approximately 300-feet southeast of Pad 1. If this is the trash enclosure that Pad 1 is to use, staff recommends that a sidewalk connection be made on the north side of Pad 2 to provide pedestrian connection to the sidewalk on the east side of Pad 2. The applicant should be required to provide a revised landscape plan showing a trash enclosure to be located near Pad 1 or provide a revised landscape plan showing a sidewalk connection on the north side of Pad 2. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . The landscape plan dated stamped by the City on April 9, 2009, does not show a trash enclosure for Pads 14, 15, 16, and 17. The applicant should provide revised landscape plans showing where trash enclosures for Pads 14, 15, 16, and 17 will be located or provide revised floor and elevation plans showing how the enclosures will be located within the building. The revised landscape plan or revised floor and elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. . This proposed development is going to require significant right-of-way to be dedicated along both Chinden Boulevard and Linder Road with acceleration and deceleration lanes to be constructed. Currently, there are overhead power lines located along the frontage of Chinden Boulevard and Linder Road that are going to need to be relocated. Therefore, staff recommends that the applicant be required to located the overhead power lines along Chinden Boulevard and Linder Road underground per Eagle City Code. The applicant should be required to provide a revised site and landscape plans showing the overhead power lines to be located underground and show the location of any proposed transformer boxes and how those will be screened with landscaping. The revised site and landscape plans should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. Page 16 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-8 pad sites drf.doc . The applicant is proposing to construct the entry feature at the southwest corner of this site at the intersection of Chin den Boulevard and Linder Road. The sidewalk along Chinden Boulevard and Linder, the landscape area proposed at the southwest corner, the trellis and sidewalk under the trellis proposed in this area are all to be constructed with this phase of the development. The patio area that will provide connection between Pads 7 and 8 is not proposed to be constructed with this phase of the development. It is staffs opinion that a sidewalk connection between the sidewalk on Chin den Boulevard and Linder Road be constructed to connect to the sidewalk that is proposed to be constructed under the trellis area with this phase. The applicant should be required to provide a revised landscape plan showing a sidewalk connection leading from Chinden Boulevard and from Linder Road to the sidewalk proposed to be located under the trellis at the southwest corner of the site. The revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. . Per the pre annexation and development agreement for this site, the applicant is to provide pathways (sidewalks) to provide optimum pedestrian interconnectivity to all portions of the site. The site is to be designed with shelters, kiosks, pergolas, etc. in strategic locations to provide refuge and visual relief to pedestrians traversing the parking lot. The development agreement also indicated that the concrete sidewalk along Linder Road is to be a minimum of 6-feet wide. While staff thinks that the applicant has done a good job of creating pedestrian circulation throughout the site and providing areas for the pedestrians to sit in front of the mid box retail buildings, Fred Meyer and the "Life Style" buildings, staff does not see where pedestrian refuge has been provided within the parking lot of the development. It is staffs opinion that at least four small pergola/trellis type structures with benches could be located throughout the development along the proposed pedestrian pathways. The applicant should be required to provide a minimum of four pergola/trellis type structures with benches throughout the development along the proposed pedestrian pathways. A site plan and elevation plan showing the location and type of structure with proposed materials should be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. . Staff defers comment regarding building design and colors to the Design Review Board. 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 was held on the application before the Design Review Board on June 11, 2009, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0 (Butler abstained, Whittaker absent) to approve DR-13-09 for a design review application for the common area landscaping within Eagle Island Marketplace, including Fred Meyer and Eight Multi-tenant RetaillRestaurant Buildings for Eisenberg Company, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. Page 17 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drfdoc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of the pre annexation and development agreement (A-03-08 & RZ-08-08). 2. Provide revised elevation plans showing the architectural style and materials (Le.: stone veneer) to be used in the construction of the fuel kiosk to match those used within the development and within the EASD book. The revised elevations and materials shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 3. Provide revised building elevations showing the vending machines, coolers and ice machines to be designed and/or located in such a way to ensure that they are cohesive with the function of the fuel kiosk. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 4. Provide revised elevation, floor, site, and landscape plans showing the size of Pad 13 does not exceed 9,600-square feet. The revised elevation, floor, site, and landscape plans shall be reviewed and approved by staff llfId ORe member of the Desiga Review Board prior to the City issuing a zoning certificate for this site. 5. The applicant shall be required to comply with ITD with regard to driveway access, right-of-way dedication, and any other conditions required by lTD. If any conditions placed on this development by ITD require the applicant to modify the site layout, a revised site plan Desiga Re';iew Modifieatioa applieatioa shall be submitted, reviewed, and approved by staff and two members of the Design Review Board prior to the City issuing a zoning certificate for Pad 13. 6. The applicant shall be required to comply with ACHD with regard to driveway access, right-of-way dedication, impact fees, cross access, etc. A Comprehensive review of this development shall be completed by the ACHD prior to the City issuing a zoning certificate for this site. 7. The parking: calculations submitted to the City on June 11. 2009. are approved. The Design Review Board supports a one percent (1 %) parking reduction for this site. Provide a Ttwised site plafl sHElv/iag the size afld used ofbuildiags aRd parkiag ealeulatioas showiag that the site 'Nill aeeommodate the required parking required for the proposed uses. The re';ised site plafl afld parldag ealeulatioas shall be re';ieweallfld approved by the Desiga Review Board prior to the City issuing a zOfliag eertifieate for tHis site. 8. The revised site and parking lot plan date stamped bv the City on June 11. 2009. showing the location of the shopping cart storage is approved. Provide a revised site ana parkiflg lot plan shElwing the loeatioa of sHoppiag eart storage raeks and how they will ROt take !l-\'.'El-)' HElm the overall parkiag space eemlt,. The revised site and parking lot plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 9. Provide a revised landscape plan showing a trasH eRclosare to be located Rear Pad 1 or proviae a revised lllfldseape plafl sHowiag a sidewalk connection on the north side of Pad 2. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 10. Provide revised landscape plans showing where trash enclosures for Pads 14, IS, 16, and 17 will be located or provide revised floor and elevation plans showing how the enclosures will be located within the building. The revised landscape plan or revised floor and elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to a building permit being submitted for Pads 14. 15. 16. and 17. tHe City issuiag a zoniag certificate for this site. Page 18 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drf.doc 11. Provide a revised landscape plan showing the location of any proposed transformer. phone. and cable boxes and how they will be screened with landscaping. Provide a reyised site afld lafldseape plans showiBg the overhead power liBes to be loeated l:1BdergrouBd afld show the loeatioB of aBY proposed traflsformer boxes afld how those '",ill be s6reeRod "'lith lafldseapiBg. The revised site and landscape plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 12. Provide a revised landscape plan showing a sidewalk connection leading from Chinden Boulevard and from Linder Road to the sidewalk proposed to be located under the trellis at the southwest corner of the site. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 13. Proyide a minimum off-our pergola/trellis type struetures with benehes throughout the de'lelopment aloflg the proposea peaestriafl pathways. ,A. site plaB afld eleyatioR plafl showing the 10catioB and type of struet1:1re with proposed materials shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a :zoniBg certificate for this site. 14. Provide a revised landscape plan showing a 6-foot wide minimum sidewalk along the frontage of Linder Road. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 15. All future building within this development shall be required to submit a design review application to be reviewed and approved by the Design Review Board prior to any construction beginning on those pad sites. 16. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 17. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 18. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 19. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan reVIew. 20. No ground mounted mechanical units are proposed with this application and none are approved. 21. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 22. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 23. No signs are proposed with this application. 24. Provide detailed cut sheets showing the stvIe. size. wattage. and luminaries of the light fixtures to be used underneath the fuel island canopy. The light fixtures shall be screened from view. The cut sheets and screening method shall be reviewed and approved by staff prior to a zoning certificate being issued for this site. 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 Page 19 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drf.doc 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, 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. 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 Certificate of Occupancy. Page 20 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drf.doc 10. 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. 11. 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. 12. 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 (Le.; 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. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. Basements in the flood plain are prohibited. 19. 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. Page 21 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drfdoc 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 the City Council approval date). 25. 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. 26. 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 application for this item was received by the City of Eagle on April 9, 2009. 2. Requests for agencies' reviews were transmitted on April 22, 2009, in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-13-09) 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. The Board recognizes that there are overhead utility lines adjacent to this site along Chin den Boulevard and Linder Road. Pursuant to past action by the Council, distribution lines have not been required to be buried. Thus, the Board is not requiring the overhead utility lines adjacent to this site to be buried, only those servicing the site. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the C-3-DA (highway business district with a development agreement) zoning district. Page 22 of23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drfdoc DATED this 25th day of June 2009. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada ~' Idaho ",........., "~,I \T Y "" "C 01'0. " ...... ....eee... ~. L\. I.... .. . . V' .. i .... CORp ......,~. = l' 0..1> .. 0 ~ .: -r..,._. . ." .l. :cn. n e ~.rrl: .. -' .- Y'L--, " ('rl · . : -,.~ ~ .: .. ... \0 .LIt.. : : ~',,".~"-1 .. .. ~L\ .~iP .. .. : .... V' ..,of rED 191'.. " #4IJ,# Op ........ .'~ ...... If) A \-\ 0 ,,' t.,...., ATTEST: ~1~ ~ NU--+' .Ch~ ~ Sharon K. Bergmann, Eagle City Clerk . '-'1 Page 23 of 23 K:lPlanning DeptlEagle ApplicationslDr\2009IDR-13-09 EIMP-Fred Meyer-S pad sites drf.doc