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Findings - DR - 2012 - DR-25-12 - Site And Streetscape Improvements For Ye Olde Sweet Shoppe BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR THE SITE ) AND STREETSCAPE IMPROVEMENTS ) FOR YE OLDE SWEET SHOPPE FOR ) ROBERT BRUCE AND GLORIA MAHEUX ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-25-12 The above-entitled design review application came before the Eagle Design Review Board for their action on May 10, 2012. The 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: Robert Bruce and Gloria Maheux, represented by James Gipson, are requesting design review approval to modify the landscaping and streetscape for the Ye Olde Sweet Shoppe and to modify the exterior elevations of the 194-square foot storage shed. The 0.16-acre site is located on the southwest corner of East State Street and South 1St Street at 99 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 9, 2012. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 19, 2012, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 28, 2012, the Eagle City Council approved a design review application converting the use of the building from multi-tenant office/personal improvement to multi-tenant office/retail (DR-10-12). E. COMPANION APPLICATIONS:None Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-I2 Ye Olde Sweet Shoppe drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Office/retail District) Proposed No Change No Change No Change North of site Downtown CBD(Central Business Restaurant District) South of site Downtown CBD(Central Business Residential District) East of site Downtown CBD Central Business ( 1st Street/Proposed Smoky District) Mountain restaurant West of site Downtown CBD(Central Business Vacant lot District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (downtown development area). H. EXISTING SITE CHARACTERISTICS: There is an existing 3,260-square foot two (2) story building on this site with a 194-square foot storage shed. There is curb, gutter, sidewalk, street trees, and a historic light adjacent to East State Street. No curb, gutter, sidewalk, or streetscape improvements have been constructed adjacent to South 1St Street; however,there are angled parking spaces along South 1St Street. The alley located adjacent to the south property line is paved. Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf doe I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.16-acres(6,969-square feet) 0.01-acres (500-square feet) (minimum) Percentage of Site Devoted to 0 40%(minimum)* 23 /o (approximately) Building Coverage 95% (maximum)* Percentage of Site Devoted to 50% (approximately) 10%(minimum) Landscaping Number of Parking Spaces 4-on-site parking spaces 11-parking spaces(minimum) 9-on-street parking spaces 0-feet(minimum)* Front Setback 21-feet(north) 10-feet(maximum)* Rear Setback 32 '/2-feet(south to shed) 0-feet 59-feet(south to back of building) Side Setback 5 'A-feet(west) 0-feet(minimum)* Side Setback 12-feet(east) 0-feet(minimum)* *Note: Setbacks and lot coverage required within the DDA. J. PARKING ANALYSIS: Office: 1,630-square feet • ECC Section 8-4-5 requires 1-parking space per 250-square feet of gross floor area for office. 1,630±250= 6.5-parking spaces are required Retail: 1,630-square feet • ECC Section 8-4-5 requires 1-parking space per 250-square feet of gross floor area for retail sales; in the DDA 1-parking space per 500-square feet of gross floor area shall be required for any such use and on street parking shall be included in the minimum requirement. 1,630± 500=3.3-parking spaces are required Storage: 194-square feet • ECC Section 8-4-5 requires 1-parking space per 1,000-square feet of gross floor area for storage area. A total of 11-parking spaces are required for the proposed uses. Four(4)parking spaces are proposed to be constructed on this site and there are seven(7)on street parking spaces along South 1 S` Street and two(2)on street parking spaces along East State Street. Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe dr£doc K. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: Two buildings; one to be used as multi-tenant office/retail and the other is to be used as a storage shed. Height and Number of Stories of Existing Buildings: Multi-tenant office/retail—two stories—26-feet Storage Shed-one story— 12-feet Gross Floor Area of Existing Buildings: Multi-tenant office/retail—3,260-square feet Storage Shed— 194-square feet On and Off-Site Circulation: A 1,258-square foot (approximately) paved parking area provides parking for vehicles using this site. A 16-foot wide alley provides access to the parking area located south of the building. L. BUILDING DESIGN FEATURES: Existing, no changes. M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees on-site that the applicant is proposing to retain. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install three chanticleer pear trees Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:N/A N. TRASH ENCLOSURES: One 48-square foot trash enclosure is proposed to be located near the southwest corner of the building just north of the proposed parking area. The enclosure is proposed to be constructed of split face CMU block with a metal gate. O. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened with a screen wall. P. 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. Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf doc Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. R. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have 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. S. PUBLIC USES PROPOSED:None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees -yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):Not required W. 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: Central District Health—No objection. Chevron Pipe Line Company—No conflicts. Eagle Fire Department—No specific concerns. Idaho Department of Lands—No impact on State Trust Lands. X. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as Downtown. Downtown Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf.doc Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public, quasi-public, cultural,residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. Downtown Eagle Plan 6.8.13 Old Towne: OT6: Civic and Community Center: One of the prominent civic and community land uses in the Old Towne area is Heritage Park, a .48 acre site located at the southwest corner of State Street and 2nd Street. Heritage Park functions as the Village Commons of Eagle and the focus of community events such as Eagle Country Christmas, Eagle Fun Days, and the Farmers Market. a. All efforts should be made for the expansion of Heritage Park to ensure that as the population of Eagle grows so does the heart of the community. b. Consider investing in a permanent all-season public market building adjacent to Heritage Park for use by the farmers market and other community events. (See Figure OT6) c. Development surrounding the park should be designed to capitalize and incorporate the scenic qualities of the park. d. Pursue developer investment in public open space in the Old Towne in order to expand open spaces. e. Consider earmarking park impact fees from Downtown Eagle for use in Downtown Eagle. f. Special care should be taken to ensure that buildings adjacent to the park do not wall in the park and make it a dark shadowed area. When feasible, buildings adjacent to the park should be designed to open up to the park and include stepped back facades and the use of terraces. g. In addition to Heritage Park, special consideration should be made for the design of 1st Street to serve as a community gathering area during community events, similar to the Basque Block or 8th Street in Boise (See Figure OT7). h. The City and the Ada County Highway District should work with land owners and tenants to integrate special design elements into 1st Street including but not limited to a meandering plaza with offsetting landscape areas, rolled curbs, stamped concrete and wide sidewalks. i. Landscape along 1st Street should be designed to avoid creating a barrier between the street and the store fronts. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1 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, Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-I2 Ye Olde Sweet Shoppe drf doc 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-3: EFFECT OF OTHER PROVISIONS: If any provision of this article is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code,the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the design review board may, at their discretion, suspend or relax some or all requirements found in this article, if the design review board determines a particular site, setting, or use to be of historical significance. • 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. • Eagle City Code Section 8-2A-6(B)(3)Fences: a. Vinyl: integral color required; b. Block(with columns); c. Brick(with columns); d. Wrought iron; e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2A-6(C)(2)(f) Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum of fifty percent(50%)glass. Floors above the main floor shall have a minimum of twenty five percent(25%)glass. The front of any building is the facade that fronts upon any street. • Eagle City Code Section 8-2A-6(C)(3) Setbacks and Lot Coverage: a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a maximum often feet(10'). b. Side building setbacks shall be zero feet(0') so as to tie into adjoining structures. c. Structures shall not have a continuous face(s) longer than ninety feet(90') inclusive of adjoining structures. d. When a building is located at the intersection of two(2) streets,the distance between the face of the building and the back of curb shall be a minimum of ten feet(10')to preserve adequate sight visibility. e. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf doc f. Lot coverage by the footprint of the structure shall be a minimum of forty percent(40%) and a maximum of ninety five percent(95%) in which case off site parking shall be provided for. The lot coverage requirement may be waived if development of the lot as a parking lot is reviewed by the design review board and is approved by the council. Furthermore,the minimum lot coverage requirement may be reduced by the council for the purpose of providing adequate on site parking in accordance with the provisions of this title for structures that include residential uses on floors other than the ground floor. • Eagle City Code Section 8-2A-7(K)(2) Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings,which creates a pleasing, harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot(10')wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10)shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30")minimum height(do not exceed 3:1 slope) within a ten foot(10')wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. c. Provide a six foot(6') landscaped strip with a minimum thirty inch(30")grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five(5) shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. d. Provide a three foot(3')high fence of wood, brick, stone, or decorative block or concrete along with a four foot(4')wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five(5)shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. (Ord. 462, 11-11-2003) (1)The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting,results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B)Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code Section 8-2A-7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2)adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five(5) shrubs per thirty five(35) linear feet of perimeter. Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf doc C. DISCUSSION: • The Eagle Hotel was constructed in 1907. Over the years the building has had a variety of uses within it; however, since the adoption of Ordinance 276 in 1996,the building has been used as a multi-tenant beauty salon/barber shop(personal services) and office. On February 28, 2012,the Eagle City Council approved a design review application changing the use of this building from a multi-tenant office/personal improvement building to a multi-tenant office/retail building(DR-10- 12). As part of the change of use approval, the applicant was required to submit a design review application to review any building additions, streetscape improvements, landscape changes, etc. that were proposed to be made to the site. On April 10, 2012, City Staff approved a plan for the streetscape along 1St Street. The plan showed the addition of three(3) street trees,tree grates, a historic light fixture, bollards, and parking along 1St Street. The applicant is requesting design review approval to modify the landscaping, add a patio area south of the building, and modify the exterior elevations of the storage shed for the Ye Olde Sweet Shoppe. The modifications to the landscaping include the addition of landscaping around the trash enclosure, landscaping in the planter island between the parking spaces along the alley and 1st Street, addition of grass along the west side of the building, and the installation of perma bark around the existing Catalpa tree located south of the proposed parking along 1St Street. The applicant is proposing to install a brick patio between the building and the parking lot and the new ten foot(10')wide sidewalk along 1st Street and the west property line of this site. There is an existing storage shed located south of the main building that the applicant is proposing to restore. The storage shed currently has a window on the south building elevation which the applicant is proposing to remove and infill with materials to match the existing structure. The applicant is proposing to install a new window on the west elevation of the storage shed. Staff defers comment regarding the proposed landscape modifications,the patio area, and the restoration of the storage shed to the Design Review Board. • There are numerous areas of the code which this site does not comply with regarding the setbacks, lot coverage, percentage of glass on the street facing facades, streetscape, etc. Staff defers comment with regard to the setbacks,percentage of glass, streetscape, and lot coverage of the building to the Design Review Board. • Staff defers comment regarding building design and site improvements 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 to consider the application was held before the Design Review Board on May 10, 2012, 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). Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf doc BOARD DECISION: The Board voted 5 to 0 (Grubb and Pascua absent)to approve DR-25-12 for a design review application to modify the landscaping and streetscape for the Ye Olde Sweet Shoppe and to modify the exterior elevations of the storage shed for Robert Bruce and Gloria Maheux,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 2. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 3. Roof top mechanical units, hoods,vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 4. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 5. No signs are proposed with this application. 6. Provide a revised landscape plans showing the following: 1. A single row of Burning Bush, proposed within the planter located south of the storage shed, planted tightly and increased to 5-gallon in size. 2. The Chanticleer Pear trees to be 3-inch caliper. 3. The planter located north of the parking spaces along 1st Street shall show several large sandstone rocks placed within it that could be used as benches. The type of rocks shall match as closely to the stone used on the building. 4. Irrigation provided to the Catalpa tree located within the planter north of the parking spaces along 1st Street. 5. The type of paver to be installed in the patio area south of the existing building. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate. 7. Due to the historical significant of this building,the Board accepts the project as proposed on the plans date stamped by the City on April 9, 2012,with the conditions herein and supports the relaxation of Eagle City Code with regard to the required setbacks, lot coverage, and storefront windows within the Downtown Development area. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe dr£doc 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. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public Page 11 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drfdoc 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. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation,recreation and river access easements(if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drf doc 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 the City Council 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 application for this item was received by the City of Eagle on April 9, 2012. 2. Requests for agencies' reviews were transmitted on April 19, 2012, 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-25-12) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and has determined that the site plan does not comply in all respects with Eagle City Code, however, based upon the allowances provided under ECC Section 8-2A-3, the building/use/site will be permitted to continue and the site improvements will be permitted with the conditions required herein. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2012\DR-25-12 Ye Olde Sweet Shoppe drfdoc Specifically, the site does not comply with Eagle City Code regarding setbacks, lot coverage, and store front windows. However, in accordance with and as allowed for in Eagle City Code Title 8, Chapter 2, Article A, Section 3, "Effect of Other Provisions", the Board has determined that the code sections regarding these items will be suspended (not waived) to foster the rehabilitation of this building and site. With the approval of this project,the site is expected to become a popular gathering place and will enhance this historic area of the city in a positive way. It is with these improvements that the Board recommends approval of this project as proposed and with the modifications noted herein. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the CBD(Central Business District)zoning district. DATED this 24th day of May 2012. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Coun ..ho Eric •. Mc lough, Chairma ,,,,toss actip,. .••'�c,`•,••of. 1 *'• AT EST: * 0 PORgT�•S •• w• # / •E. • :. SEAL •• Sharon i ergmann, Eagle City erk y •.y;�j�;.• ��.• F•,,��,, ,O F;D P.%* Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\20I2\DR-25-12 Ye Olde Sweet Shoppe drf.doc