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Findings - DR - 2020 - DR-30-20 - Aikens St Mixed Use Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MULTI-TENANT ) MIXED USE ARTIST STUDIO/FOOD AND ) BEVERAGE SALES/OFFICE(BUSINESS AND ) PROFESSIONAL/RETAIL/RESTAURANT/ ) RESIDENTIAL BUILDING FOR STEVEN ROTH ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-30-20 The above-entitled design review application came before the Eagle Design Review Board for their action on June 11,2020. 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: Steven E. Roth, represented by Doug Russell with The Land Group, is requesting design review approval for a 13,572-square foot, three-story, mixed use building (eight residential units and three artist studio/food and beverage sales/office (business and professional)/retail/restaurant units). The 0.41-acre site is located on the south side of East Aikens Road at the intersection of East Aikens Road and South 1st Street at 79 East Aikens Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 24, 2020. Supplemental information (alternative method of compliance application)was received by the City of Eagle on June 4,2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 1,2020,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 25, 1998, the City Council approved a rezone from R-4 (Residential) to CBD (Central Business District)(RZ-3-98). On February 1, 1999,the City Council approved a design review application to remodel and convert an existing 1,326-square foot house into an office building(DR-28-98). On January 17,2002,the City approved a design review application to convert the storage area located on the second floor(approximately 416-square feet)to restaurant and to convert the office area located on the first floor(approximately 423-square feet)to storage(DR-28-98 MOD). E. COMPANION APPLICATIONS: DR-31-20(Aikens Rd Mixed Use Building MSP). F. LAND USE DESIGNATION: Artist Studio, Food and Beverage Sales, Office (business and professional), restaurant, retail, and residential(upper levels),permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 26 K:1Planning Dept\Eagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drf.docx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD-DA(Central Business Restaurant building District with a development agreement) Proposed No Change No Change Multi-tenant building with residential(upper levels) North of site Downtown CBD(Central Business Single-family residential District),R-4(Residential) South of site Downtown CBD(Central Business Multi-tenant building, District) drainage ditch East of site Downtown CBD-DA(Central Business Multi-tenant building District with a development agreement) West of site Downtown CBD(Central Business Single-family residential District) H. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the Downtown Development Area(DDA). I. URBAN RENEWAL DISTRICT: Yes. J. EXISTING SITE CHARACTERISTICS: The site has an existing building(previously utilized as a restaurant),which the applicant is proposing to remove. Page 2 of 26 K:1Planning Dcpt\Eaglc Applications1Dr120201DR-30.20 Aikens St Mixed Use Building drf.docx K. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.41-acres(18,120-square feet) 500-square feet(minimum) Percentage of Site Devoted 29% (approximately) 40%(minimum)to 92% to Building Coverage (maximum) Percentage of Site Devoted 21%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 22-parking spaces 25-parking spaces(minimum)* 8-covered (including 8-covered parking 4-on-street spaces and 2-guest parking 10-on-site spaces) 23-parking spaces(minimum)** (including 8-covered parking spaces and 2-guest parking spaces) 21-parking spaces(minimum)*** (including 8-covered parking spaces and 2-guest parking spaces) Front Setback(North) 5-feet 0-feet(minimum)to 10-feet (maximum) Rear Setback(South) 75-feet 0-feet(minimum) Side Setback(East) 10-feet 0-feet(minimum) Side Setback(West) 15-feet 0-feet(minimum) "'Note:25-parking spaces are required if all 3-units are a restaurant use. **Note:23-parking spaces are required if 1-unit(912-square feet)has a restaurant use and 2-units(1,609-square feet)have food and beverage sales,office(business and professional),or retail use. ***Note: 21-parking spaces are required if all 3-units have food and beverage sales,office(business and professional),or retail use. L. PARKING ANALYSIS: Gross Floor Area of Proposed Multi-tenant Building: 13,572-square feet(including 2,521-square feet of commercial uses) Proposed Parking Spaces: 22 Required Parking Spaces(estimated per use requirements in requirements in Eagle City Code): 16, for 8-units (2-bedroom) using 2 parking spaces including 1 covered and 0.25 spaces per unit for guest parking for units with 2 or more bedrooms 9,for 2,521-square feet using 1 parking space per 150-square feet for restaurant(no drive-thru) 5,for 2,521-square feet using 1 parking space per 250-square feet for food and beverage sales,offices (business and professional),retail sales Page 3 of 26 K:1Planning Dept\Eagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drf docx 3,for 2,521-square feet using 1 parking space per 1,000-square feet for artist studios M. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1)building to be utilized as a mixed use building with 3- commercial units and 8-residential units. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 38-foot,6-inch high,three-story structure. Gross Floor Area of Proposed Buildings: The proposed mixed use building is approximately 13,572-square feet. On and Off-Site Circulation: A 5,081-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 22-foot wide shared driveway is located on the west property line and shared with the property to the west of this site.The shared driveway provides access to East Aikens Road. N. BUILDING DESIGN FEATURES: Roof: Rolled TPO(white) Walls:Stucco(cream/light shade of tan),cultured stone(cream/tan),thin brick HC Maddox(Old Town Red) Windows/Doors: Vinyl(sand),hollow metal(brown/bronze) Fascia/Trim: Stucco(cream/light shade of tan),pressure treated lumber,fiberglass(cream) O. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are ten existing trees on the site that the applicant is proposing to remove.Below is a list of all existing trees proposed to be removed identified on sheet C 1.00,date stamped by the City on April 24,2020. Tree Specie Caliper/Height Condition Replacement Inches/Feet per ECC Unknown 10" Healthy/Mitigation required 10" per Eagle City Code Unknown 12" Healthy/Mitigation required 12" per Eagle City Code Unknown 12" Healthy/Mitigation required 12" per Eagle City Code Unknown 4" Healthy/Mitigation required 4" per Eagle City Code Unknown 8" Healthy/Mitigation required 8" per Eagle City Code Unknown 8" Healthy/Mitigation required 8" per Eagle City Code Unknown 5" Healthy/Mitigation required 5" per Eagle City Code Unknown 8" Healthy/Mitigation required 8" Page 4 of 26 K:1Planning DeptAEagle Applications\DA20201DR-30-20 Aikens St Mixcd Usc Building drf docx per Eagle City Code 10" 10" 6" 6" Total caliper inches/feet of trees required to be replaced on site TBD Total caliper inches proposed for mitigation 32" Tree Replacement Calculations: The applicant is proposing to remove 10-existing trees from the site. The specie of the trees is not identified on sheet C 1.00. Required mitigation for the ten trees will be determined based on caliper inches for deciduous trees and based on height for conifer trees. The applicant is proposing mitigation for the trees to consist of a combination of installing new trees on the site, installing larger trees on the site, and electing to provide a contribution to the tree fund. The applicant is proposing to increase the caliper inches of trees installed on the site from the minimum required 2-inch caliper to 4-inch caliper. This provides 32-caliper inches toward mitigation (7- additional trees on the site [28-caliper inches] and two interior landscape island trees increased in size from 2-caliper inches to 4-caliper inches [4-caliper inches]).The City of Eagle combined fee schedule states the Tree Fund(in-lieu of fee) is $60.00/vertical foot or$175.00/caliper inch. If the trees are all deciduous trees the applicant would elect to pay $8,925.00 into the tree fund for the remaining 51- caliper inches. Proposed Tree Mix(Species&Number):To be reviewed by the Design Review Board. Street Trees: There are three existing street trees along East Aikens Road. 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 with the exception of the west property line. b. Interior Landscaping: 5%interior landscaping is required,6%is proposed. P. TRASH ENCLOSURES: One(1) 126-square foot trash enclosure is proposed to be located adjacent to the west building elevations and along the east side of the driveway.The enclosure is proposed to be constructed of CMU walls with stucco overlay and metal gates;all of which will match the materials and colors used in the construction of the building. Q. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed and none are approved. R. OUTDOOR LIGHTING: Sheet C2.00 and sheets 1.5 and 1.7 show the location of all site and building lighting. Lighting cutsheets showing the style,color, illumination type,wattage,etc.were received and comply with Eagle City Code Section 8-4-4-2. Page 5 of 26 K:lplanning DeptlEagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drf.docx S. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-31-20)has been submitted for the approval of a master sign plan for signs proposed on this building and on the site. T. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. U. PUBLIC USES PROPOSED:None. V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. W. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain—yes—500 year Mature Trees—yes—street trees along East Aikens Street and ten trees on-site Riparian Vegetation-no Steep Slopes—yes—adjacent to the drainage ditch Stream/Creek—yes—Eagle Drain#15 (Drainage District#2) Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. Y. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Ada County Highway District Drainage District#2 Eagle Fire Department Eagle Historic Preservation Commission Idaho Transportation Department U.S.Army Corps of Engineers West Ada School District Z. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Page 6 of 26 K:1Planning DeptlEaglc Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drf.docx Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core.A variety of business,public,quasi-public,cultural,ancillary residential and other related uses are encouraged.The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation.Other zones within Downtown Eagle may include Mixed Use, Residential,Commercial and Professional Office. • 6.17 Downtown Eagle Planning Area The Downtown Eagle Plan is intended to focus and solidify the City's planning vision,goals, actions and investments in support of the growth and continued revitalization of Downtown Eagle;to help coordinate private and public investment in the heart of the City of Eagle. It is the City's primary means of guiding land uses and development for properties located within the Downtown Eagle Planning Area.(Comp plan page 119) Development in the Downtown Eagle Area should be designed to: o Establish a distinctive,well maintained and well-branded downtown; o Create a well-organized multi-use community that promotes the live,work,play,and recreate lifestyle; o Promote and support a strong and vibrant business community; o Create an interconnected community that allows access to and across the regional highway system;and o Promote and develop a unique downtown that supports pedestrian,bicycle,and transit connectivity.(page 120) • 6.17.2 Downtown Eagle Planning Area A.Ensure that development in downtown Eagle is designed to enhance the following: 1.Mix of Land Uses: Create synergism between a variety of land uses,activities,and destinations through the use of diverse land uses(retail,office,a variety of residential,and civic institutions).These uses provide neighborhood convenience,employment, entertainment,and cultural options that contribute to a unique urban experience. Development that adheres to this principle encourages a compatible mix of uses at the town center scale and identifies opportunities for shared uses.Position downtown Eagle as the most convenient place to live,work,find entertainment,shop,and gather in the City and the region. L. Promote the City's vision to potential employers,developers,and businesses. Work with landowners,residents and the Chamber to promote Eagle as being Open for Business.(Comp plan page 126) M. Expedite the development approval process creating a competitive development environment when compared to neighboring jurisdictions. Look at zoning and design review process to ensure that development that fits the City's vision for the downtown is easily approved. (Comp plan page 126) Q. Allow for the intermingling of daily convenience uses(grocery,cleaners)with destination uses(restaurants,pubs,and art galleries).(Comp plan page 126) GG. Establish design criteria that promotes the incorporation of historical architectural elements into new buildings to complement and provide support to the historic charter of the area. (Comp plan page 128) Page 7 of 26 K:1Planning Dcpt\Eaglc Applications Dr120201DR-30-20 Aikens St Mixed Use Building drf docx HH. Encourage innovative designs that complement the setting in which a building is being placed as opposed to strict adherence to a specific architectural style. (Comp plan page 128) • 6.17.3 Olde Towne Planning Area Olde Towne Eagle should maintain the quaint feel of a traditional town center; as the active community center and community gathering place for the City. The character of Olde Towne is generally defined by its pedestrian-scale(attached sidewalks,store fronts with large windows at the sidewalk,and open space amenities),ensuring context sensitive design complementing the most significant historic structures. A traditional mix of retail,residential,office,and public uses is to be maintained. State Street should be the focus for the highest intensity of uses in the area (See Figure 6.21). Mao 6,23;Olde Towne Hamm/Area �}� 1 t r ea rik) ':7 , . µ- Y �`, 's r4-t,_ City*Mask VIP 17 `„�� i "Ate }` Asi�A t .. � fr ill" -+ • _te ADAi' s �,111 . l�i MEN ( try{.i_j_ .f , ►r ♦4F;aif' . ,11_ - / „ ' 1t.E J A•. S= le„ \ _ �1 - ` /- . ,1�fr .r� •a. ai:ski 11111J - --. o H. Land uses in the Olde Town area should promote mixed use with retail and commercial on the first floor and office and residential uses on the upper floors. N. Whenever reasonable,the use of alleys,cross access easements,and rear service drives should be incorporated to separate pedestrians from vehicles as well as to allow services, such as garbage and deliveries,to occur where they will not cause additional congestion, conflicts, or interfere with the livability of the area. O. In the Olde Towne area, all buildings should be designed to have a presence on the street level including amenities that invites patrons and residents into the building(See Figure 6.23). Fui.nr A.23.Pedestrian Amenities&Streetscape Featwr, : : , t I t ,� • rivi > -:< - P. Retail,commercial, and restaurant uses should be designed to include large store front windows,patio dining, and/or tenant displays X. Establish unique design criteria for the Olde Towne Area that complements the historic Page 8 of 26 K:\Planning Dept 1Eagle Applications\Dr\2020\DR-30-20 Aikens St Mixed Use Building drf docx character of the area. Y. Incorporate design elements from landmark buildings such as the Eagle Bank and the Eagle Hotel, into the design and redevelopment of the Olde Towne Area including: Separated horizontal articulation and element changes, system of proportions opens up possibilities to new designs while maintaining cohesiveness,separated horizontal articulation and material changes,tripartite façade(See figure 6.25), and 20-foot high commercial lower band. Figure 6.25: Architectural Styles Complementary to Olde Towne ce` �1, 11t I—I tI to ^ t ' i I,n 1 I.-4 It 'lit I„ILII}11 l ,=Rive q -� • ; � ii1i�2 1 } as R t T - 1� at MI it �. i inr'.t �� - ' �•, *I.�� ��� •'_ AA. Encourage the development of a sculpted sky line that increased building heights at the interior of blocks while stepping down building heights as they approach the traditional single-family areas at the north and west of the area.(See Figure 6.27) Figure 6.27: Example of a sculpted skyline between Aikens Street and Idaho Street in Olde Towne Building height and use transitions Live/Work Mixed Use Raised green areas with \ Civic Market' \ i Heritage Park parking below Rowhouses `:it '.mil - ,1 at� ° �,�—r T--- Cad abe Uhl.Sweet a.L. I4bar...r UveMloric •- Commercial: '., .'• Row Houses: �� )) • '. i 3 stay Ounlengs.reMdsnl mime,. f�• 3story struetum wN eornmant.!real- 'V�1,11 2-3 story ample family bore..with zero COmmMtiet an t11e Kral IlOcr Wlh r�' L a Ialma al.nrbwa.Ratan ane olRc.con- '. or wry hinted aide setback•.•wimp• living above.Y1111 mamma my haw i gg/'i ^uprilY of the booking apace. � , haw mired heights ralh narrow dal • service erlblea in tin back. - Burle)M mill normally Inehtle rear or JJ• widths(t122 Mt)and parting at a. • 1 structure a offmt.perking ".'t-. Z.... neat Ina pavane or on the bin floor. r ` Mixed Use: Multi•Family: �,„a1.t : J [ ;. 3-5 Wary bo.Iea6o pa with ru bedenhre. al alww•retail 2-3story terlleng•with mwbp.h.tng urea 1(d and once u .cn lower o Theme Mildew withina onglle building Detlpit features t�N[ Mil haw a worriment fret door Mth large win- mhy include separate entries.memo, dome and win bole.Welrano ineeha.MN oeatyadl.aneyarclke.et architectural �- _ I� mea d tan that create WeakbaWeakdame. Wb ttnrouphow.w g � -j. �� and p.deatnan an amenities e oitI.. - -- DD. Ensure that new residential development adds to the appeal of Olde Towne as a great place to live as well as to visit. Revise development regulations to specify physical outcomes, including building types and disposition,block and street pattern, public open space, architectural character and identify.(See Figure 6.28). Page 9 of 26 K:\Planning Dept\Eagle Applications\Dr.2020\DR-30-20 Aikens St Mixed Use Building drf.docx Figure 6.28: Housing Styles in Olde Towne Eagle Live/Work: f �W j-*, 3 story building resides:owned commercial on the tin I floor:.itb liting ab c:e. "ill customaril;•bare ser-ce .., ; 7 entries in the back v •,., . . . . '........._:.,'k• • Mixed Use: 3-5 story buildings with re;identi al ab 7:a retail and.o f- are rises on tc loe r floors. These building;will ha•:e a .ti_�_� prominent first floor tithlarge wind os and will include y ' . II building undulations withvanedfrontsetbacksthat:ca- ate patios.plazas•and pedestran amemnes. Row House: tt• 2-3 story single family houses with zero or very limited side setbacks. Sniidings have varied heights with n arr 7 r lattvidtlts(r5.2=feet)and puking at the rear in a ear- . age or on the first floor. .'4 _9 , 4a :41: J ?7' T, 1a ;v Multi-Family: r 7 ' `; 2-3 storybuilding tcith multiple living units within a sin- • # glebuilding. Designfeaturesmayincludeseparateen- 1 $ tries.interior courtyards.and varying architectural de- • . �� tads throuebout 1/ ti.... - EE. Consider established a pay in lieu of parking standard for Olde Town. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits,and any land annexed into the city after the date of adoption hereof. Such development includes,but is not limited to, new commercial, industrial, 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. Page 10 of 26 K:\Planning Dept\Eagle Applications'Dr\20201DR-30-20 Aikens St Mixed Use Building drfdocx • 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.Avoid 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-6(C): Downtown Development Area: 1. Purpose: To provide a compact downtown business center supported by the comprehensive goals of the city. 2. Architectural Character: a. Height: Height of buildings is restricted to a maximum height of forty feet(40'). To the extent the height requirements herein conflict with section 8-2-4 of this chapter,the height requirements herein shall control. b. Ground Floor Requirements: The ground floor(street level)of new buildings shall accommodate pedestrian friendly elements. The design should accommodate a variety of potential uses that may not be contemplated at the time of construction. Examples include: specialty retail, grocery,drugstore,shoe repair,dry cleaning,florist shop, department store,hardware store,other personal services, restaurant or theater or financial services or a parking garage.Any use must meet the requirements set forth in section 8-2-3 of this chapter. c. Other Floor Options: The design should accommodate the ground floor uses as listed in subsection C2b of this section including residential use.Any use must meet the requirements set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a permitted use. For the purposes of this section a single apartment unit or multiple apartment units may be permitted. d. Orientation: Shall be designed so that at least seventy percent(70%)of the building's ground level,street facing facades are constructed to abut and be oriented to a public sidewalk or plaza. e. Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level. i. Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to,walls, Page 11 of 26 K:\Planning Dept\Eagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drfdocx pilasters,parapets, cornices,columns,windows, doors,awnings,exterior lighting, ledges, eaves,colors and materials. j. Horizontal Lines: Parapets shall be used to vary long horizontal lines exceeding fifty feet (50'). k. Other: Such other nonconflicting architectural detailing, materials and colors as set forth in this article, including the examples set forth in the EASD book. 3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter,the setback requirements below shall control: a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a maximum of ten feet(10'). b. Side building setbacks shall be zero feet(0')so as to tie into adjoining structures. 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. 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. 4. Parking: a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot,a landscape buffer shall be provided between the parking lot and any street. Limited parking potential in the DDA may allow for reduced parking ratios where there is access to public or shared parking. b. Provide on street parking along State Street, 1st Street,2nd Street, Idaho Street, Park Road and Aikens Road. d. Shared parking shall be encouraged. 5. Landscaping And Streetscape: All landscaping shall comply with the landscape requirements contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply with the requirements contained within subsection G of this section. 6. Planning Considerations: In reviewing an application pursuant to this chapter,the design review board shall give consideration to the following to determine compatibility with this article: Page 12 of 26 K:\Planning Dept\Fagle Applications1D620201DR-30-20 Aikens St Mixed Use Building drf.docx a. Public Restrooms: Locations should be sought which are safe and convenient for public use downtown. Suitable locations include public parking areas and sites adjacent to or within private development. b. Public Gathering Place:A public gathering place is desired to act as the hub for community events such as the Eagle Fun Days.The public gathering place could be defined as 1st Street between Idaho Street and Aikens Road,and State Street between Eagle Road and 2nd Street.However,the public gathering place may be redefined as development progresses in the"downtown development area"and/or in the "transitional development area" or if a more specifically defined area is adopted as a part of the city comprehensive plan. c. Vehicular And Pedestrian Use:Extensions of Idaho Street and Aikens Road for vehicular and pedestrian use shall be considered. • Eagle City Code Section 8-2A-6(G): Streetscape: G. Streetscape: Streetscape improvements are to include street trees,streetlights,pedestrian lighting,bollards,public art,kiosks and furnishings.The scope of streetscape design and number of amenities vary within the different overlay districts of the city.In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community.Examples of streetscape design and amenities are shown within the EASD book. At a minimum,the following specific streetscape criteria shall apply: 1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article.Any tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD book. Root barriers shall be required to limit future sidewalk damage from tree roots. 2. The specific style of streetlight poles within the DDA,TDA,CEDA,and in the locations specified in subsection G6 of this section,shall be as depicted on the streetlight exhibit within the EASD book. 3. The specific style of streetlight lamps within the DDA,TDA,CEDA,and in the locations specified in subsection G6 of this section,shall be as depicted on the streetlamp exhibit within the EASD book. 11.Furnishings shall be required for all applications incorporating streetscape improvements,pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches,seating/tables,planters,bike racks,outdoor clocks,drinking fountains,wall lamps,waste receptacles and other similar amenities as may be approved by the design review board.Furnishing examples are depicted within "urban accessories"section of the EASD book. 12. Sidewalks within the DDA shall be a minimum of ten feet(10')wide and shall abut the curb. Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,consisting of smooth concrete and textured concrete with a"running bond"brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections,except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction.A reduced sidewalk section may be permitted if the Page 13 of 26 K:\Planning Dept\Eagle Applications\Dr\2020\DR-30-20 Aikens St Infixed Use Building drfdocx design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet(6')in width. • Eagle City Code Section 8-2A-7(C): Retention,Removal,and Replacement of Trees: C. Retention,Removal,And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed,replacement with a species identified in section 8-2A-7Q of this article is required.For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8")caliper deciduous tree is removed,an acceptable replacement would be four(4)two inch(2")caliper deciduous trees.A twelve foot (12')tall coniferous tree is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous trees. c.Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar,cottonwood,willow,tree of heaven,elm, and silver maple.Trees which are weak wooded,weak branched,suckering,damaged, diseased, insect infested,or containing similar maladies may be exempt from replacement if removal is first approved by the city. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark,branches,or roots during construction.Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk. 5. Minimum Landscaping:Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space(land)and vertical elements(plants,berms,fences,or walls).The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities,activities,or different intensities of use,such as townhouses and a convenience store,or a high volume roadway and residential dwellings. 2. Minimum Requirements: a. When a commercial or industrial use abuts a residential use,a ten foot(10')wide by six foot(6')high landscaped buffer is required. Page 14 of 26 K:1Planning Dcpt\Eagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drf docx b. When a parking lot abuts a residential activity,a five foot(5')wide by six foot(6')high landscaped buffer is required. c. To conceal outdoor storage areas,trash receptacles,exposed equipment associated with any commercial or industrial activity,and off street loading when adjacent to or in view from a residential activity or public street right of way,a five foot(5')wide by six foot (6')high landscaped buffer is required. 3. Materials: a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and deciduous trees,shrubs,and ground cover in which evergreen plant materials comprise a minimum of sixty percent(60%)of the total plant material used. b. Height requirements shall be accomplished with plant material,with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three(3)years and be maintained such that sixty percent(60%)or more of the vertical surface is closed and prevents the passage of vision through it. d. Chainlink fencing,with slats or otherwise,and cedar fencing is prohibited for screening. • Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape.Fences,hedges,berms,and landscaping may be used to screen parking areas(chainlink fencing shall not be permitted).In the design of large parking areas,arrange bays of parking spaces to be separated by landscaping.When parking lots occur on sloping terrain,step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two(2)adjacent lots from becoming one large expanse of paving.This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of perimeter. 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten(10)spaces and above.The required amount of landscaping is based on a sliding scale,as follows: Total Number Of Percent Of Total Area Of A Lot That Spaces Must Be An Interior Landscaped Area 10-20 5 percent 21 -50 8 percent 51+ 10 percent Page 15 of 26 K:1Planning Dept1Eagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drtdocx b. Additional Requirements: (1) No interior planter shall be less than five feet(5') in any dimension. (2) No parking space shall be more than sixty feet(60')from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas.Deciduous shade trees are to be clear branched to a height of six feet(6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs,ground cover,or grass.A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass. • Eagle City Code Section 8-2A-7(M): Parkway Strips, Separated Sidewalks,and Street Trees: 1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall be separated from the curb along all streets.An eight foot(8')wide minimum parkway planter strip planted with shade class(class II)trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications,excluding residential developments,one street tree,selected from the approved tree list in subsection Q of this section, shall be planted per thirty five(35) linear feet of street frontage. 3. Within residential developments one shade class(class II)tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot(8')wide landscape strip between the sidewalk and the curb.Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet(80')of street frontage. 4. In all cases,any planting within public rights of way shall be with approval from the public and/or private entities owning the property. • Eagle City Code Section 8-2A-7(N): Incentives: 1. The zoning administrator may reduce the site parking requirements by up to five percent(5%) of the required number of spaces if the proposed landscape plan incorporates the retention of existing significant trees,particularly in the interior of the site. 2. The zoning administrator may reduce the site parking requirements by up to five percent(5%) of the required number of spaces if the proposed landscaping exceeds the requirements of these guidelines by fifteen percent(15%)or more. 3. The zoning administrator may reduce technical standards of parking lot design where paving requirements conflict with the retention of significant trees. • Eagle City Code Section 8-2A-7(0): Alternate Methods of Compliance: 1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative solutions to land use problems.Under certain site conditions,a strict interpretation of requirements may be either physically impossible or impractical.Alternative compliance is a procedure that allows certain modifications to existing regulations within this section. Page 16 of 26 K:\Planning DeptlEaglc Applications1Dr120201DR-30.20 Aikens St Mixed Use Building drf.docx Requests for use of alternative landscaping schemes are justified only when one or more of the following conditions apply: a. The sites involve space limitations or unusually shaped parcels; b. Topography,soil,vegetation,or other site conditions are such that full compliance is impossible or impractical; c. Due to a change of use of an existing site,the required buffer yard is larger than can be provided;and d. Safety considerations are involved. 2. Request For Alternative Method Of Compliance:The applicant must provide the city with a written request if an alternative method of compliance is proposed.The request shall state which requirement as set forth within this section is to be modified,what project conditions stated within subsection 01 of this section justify using the proposed alternative,and how the proposed alternative equals or exceeds said requirement. 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site.The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s)removed from the site and the total vertical feet of coniferous trees removed from the site.Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council.The applicant shall have the right to review and consider the value determination,and following said review,to reapply for other alternative methods of compliance,without prejudice,in accordance with subsection 02 of this section. • Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities: 7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent(20%)of the sum of the number of spaces required for each use only if the provisions of this chapter have been met.The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent(20%)of the sum of the number required for each use served unless a conditional use is approved by the city council. • Eagle City Code Section 8-4-4-5: Parking In Lieu Payments: Within the central business district,as defined by the city of Eagle comprehensive plan,the required number of parking spaces may be met by a cash in lieu payment to the city prior to issuance of a building/zoning permit or certificate of occupancy,whichever occurs first.The fee shall be for the city to provide public off street parking in the vicinity of the use,the maximum distance of which shall not exceed the maximum distance permitted by this title.The fee shall be five thousand seven hundred dollars($5,700.00)per space,or such sum as may be adopted by resolution of the city council. In addition to the above fee the owner shall be required to pay an annual per space maintenance fee as shall be determined by resolution of the city council. The city shall not provide more than twenty(20)spaces for any single use without the specific approval of the city council. When considering in lieu payments the city may set limitations on the number of spaces for which an in lieu fee may be tendered. All in lieu funds received for reduction of parking spaces under this section shall be placed into a special and separate parking improvement and acquisition account to be used solely for the Page 17 of 26 K:1Planaing DeptEEagle Applications\Dr120201DR-30-20 Aikens St Mixed Use Building drf.doac purchase and improvement of municipal parking lots and structures to be located within the central business district,as defined by the city of Eagle comprehensive plan,and may be for use by the general public. C. DISCUSSION: • The applicant is requesting design review approval for a 13,572-square foot,three-story,multi- tenant artist studio/food and beverage sales/office(business and professional)/restaurant/retail/ residential building.The applicant's justification letter states the proposed architecture best fits the Italianate style identified within the Eagle Architecture and Site Design Book.The design elements include: symmetries,variety of materials including brick,cultured stone,and stucco, pilasters,towering mass at/over the main entry, balconies centered in masses,bay windows, windows pairs and tripled,arched and curved openings,windows with two pane glazing with sashes and crowns,and an ornate parapet. Staff defers comment regarding the building design, materials,and colors to the Design Review Board. • The site plan shows the building to be located 12-feet from the west property line and 10-feet from the east property line.The 12-feet between the building and the west property line is proposed to be half of a 24-foot wide shared driveway that will be shared with the property to the west.The 10-feet between the building and the east property line is designed with a plaza area and onsite pathway which abuts a public pathway. Eagle City Code Section 8-2A-6(C)(3)(b), requires buildings within the Downtown Development Area(DDA)to have a side setback of 0- feet to tie into adjoining structures. Staff defers comment regarding the proposed side setbacks to the Design Review Board. • The site plan shows the building lot coverage to be 29%(calculated using both the north and south lots).The applicant's justification letter states that utilizing only the buildable portion of the lots(from Aikens Road south to the edge of the drainage ditch),the building lot coverage is 43%. Eagle City Code Section 8-2A-6(C)(3)(f),requires buildings within the DDA to have a lot coverage of 40%minimum to 95%maximum. Staff defers comment regarding the building lot coverage to the Design Review Board. • The site currently has an existing 10-foot wide sidewalk that is designed consistent with the sidewalk design exhibit within the Eagle Architecture and Site Design Book(EASD).Although the design is consistent with the design exhibit in the EASD book,the sidewalk is not in good condition.The sidewalk is cracked in locations and is buckling from tree root growth. In 2023,a joint project,between the Ada County Highway District and the City of Eagle,to redesign the sidewalks along Aikens Road will be constructed. It is staffs recommendation that rather than require the applicant to fix the existing sidewalk,the applicant should be required to provide a bid for the cost to fix the current sidewalk and provide a payment to the City for the cost of repairing the sidewalk along Aikens Road.Those funds can then be submitted to the City to be utilized towards the sidewalk reconstruction in 2023.The bid for the cost to fix the current sidewalk adjacent to East Aikens Road and payment for the bid amount to the City of Eagle shall be received prior to issuance of a zoning certificate. • The applicant is proposing to remove 10 existing trees from the site that total 83-caliper inches. Sheet C1.0 does not identify the species of the existing trees.The applicant has indicated the existing trees are both deciduous trees and conifer trees.Tree mitigation is calculated utilizing caliper inches for deciduous trees and calculated by height for conifer trees.The applicant should be required to provide an arborist report or revised existing condition plan(sheet C 1.0)showing the specie,size(caliper inches/height),and condition.The applicant should be required to mitigate for the trees in accordance with Eagle City Code Section 8-2A-7(C)and 8-2A-7(0).The arborist report,revised existing condition plan,and required mitigation pursuant to ECC 8-2A- 7(C)and 8-2A-7(0)should be reviewed and approved by staff and two members of the Design Page 18 of 26 K:1Planning Dept1Eagle Applications1Dr120201DR 30-20 Aikens St Mixed Use Building drf.docx Review Board prior to the issuance of a zoning certificate. The applicant is proposing to increase the size of the trees installed on the site from a minimum standard of 2-caliper inches to 4-caliper inches. This provides for 32-caliper inches towards mitigation.The applicant is requesting an alternate method of compliance for relief from regulations that require all existing trees to remain on the site.The applicant is proposing to provide a financial contribution to the City of Eagle tree fund in lieu of retaining all trees on-site or planting additional trees for the remaining mitigation. If the trees are approved to be removed and an alternate method of compliance is approved,the applicant should be required to provide a contribution to the City of Eagle tree fund in accordance with Resolution No.20-04.The contribution should be submitted to the City of Eagle prior to the issuance of a zoning certificate. • The site and landscape plan show a 22-foot wide shared driveway to be located along the west property line.Twelve feet of the driveway is located on 79 East Aikens Road and ten feet of the driveway is located on 167 East Aikens Road.The property located at 167 East Aikens Road is zoned Central Business District(CBD)which requires City approval prior to any trees being removed from the property. Existing trees are located on the portion of the proposed driveway, located on 167 East Aikens Road. The applicant should be required to provide a revised"existing site condition plan"(sheet C 1.00)that includes the location,specie,size,and condition of all trees proposed for removal with this application, including the trees located on 167 East Aikens Road within the proposed driveway.All trees approved for removal,and not exempt from mitigation, should be mitigated for as outlined within Eagle City Code Section 8-2A-7(C)and 8-2A-7(0)(3). The revised"existing site condition plan,"and mitigation in accordance with Eagle City Code Section 8-2A-7(C)and 8-2A-7(0)(3),should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The site plan shows a 22-foot wide shared driveway to be located along the west property line. The driveway is constructed over two lots(79 East Aikens Road and 167 East Aikens Road).The applicant has submitted a preliminary easement agreement between both property owners regarding the 22-foot wide shared driveway that will provide access to 79 East Aikens and provide future access to 167 East Aikens Road at the time of redevelopment.The applicant should be required to provide a cross access agreement between the owners of the two lots(79 East Aikens Road and 167 East Aikens Road)allowing cross access between the two lots utilizing the shared driveway including any future development of 167 East Aikens Road.The cross-access agreement should be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the issuance of a zoning certificate. • The landscape plan shows a six-foot tall privacy fence along the west side of the shared driveway between 79 and 167 East Aikens Road to be located on 167 East Aikens Road. Eagle City Code Section 8-2A-7(J)(2)(b),requires a five-foot wide by six-foot high landscape buffer when a parking lot abuts a residential use.The applicant has requested an alternate method of compliance to allow for a 6-foot tall vinyl privacy fence to be constructed in lieu of a 5-foot wide by 6-foot high landscape buffer due to the driveway being partially located on the property to the west and the fence being located on the property located at 167 East Aikens Road. Staff defers comment regarding the alternate method of compliance request to the Design Review Board. If the fence is permitted to be located on the property at 167 East Aikens Road,the applicant should enter into an agreement with the property owner of 167 East Aikens Road allowing the fence to located on their property on the west side of the shared driveway.The agreement should be reviewed and approved by the Zoning Administrator and should be recorded in the Ada County Recorder's office prior to issuance of a zoning certificate. • The site plan shows 10 on-site parking spaces,4 on-street parking spaces,and 8 covered parking spaces(garages located on the first floor of the building)totaling 22-parking spaces.The Page 19 of 26 K:1Planning Dcpt1Eagle Applications\Dr120201DR-30-20 Aikens St Mixed Use Building drf.docx residential units proposed on the 2nd and 3rd floors require 18-parking spaces(2-parking spaces per unit and 0.25-parking space per unit for guest parking).The commercial uses proposed for the site include artist studio,food and beverage sales,office(business and professional),restaurant, and retail.Parking requirements for the proposed uses range from a requirement of 1-parking space per 1,000-square feet of gross floor area to 1-parking space per 150-square feet of gross floor area.The applicant provided a parking proposal that includes a parking reduction pursuant to Eagle City Code Section 8-4-4-3,that may permit a reduction of parking spaces(not to exceed 20%of the sum of the number of spaces required)and a parking in lieu payment.The most intensive use proposed is a restaurant use that requires 1-parking space per 150-square feet. If the three commercial units are restaurant,the total number of parking spaces required for the restaurant and residential uses is 25-parking spaces.There are 22-parking spaces proposed for the site.The applicant is requesting a parking reduction for 2-parking spaces(8%reduction)and to pay a parking in lieu payment of$5,700 for 1-parking space to accommodate the 3-parking spaces the site would be short. Staff defers comment regarding the parking reduction request and parking in lieu payment to the Design Review Board and City Council. • The Eagle Fire Department transmittal response states that due to the height of the building,aerial apparatus is required.The fire department will utilize East Aikens Road for aerial access to the building; however,they have recommended the existing street trees adjacent to East Aikens Road be removed so as to not conflict with the aerial apparatus. Staff defers comment regarding the street trees to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: If the Design Review Board approves the requested design review application,then staff recommends the inclusion of the site specific conditions of approval and the standard conditions of approval provided below. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 11, 2020,at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 1:57:27) Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed architectural style, materials,and colors. • The Board is in favor of the proposed landscaping. • The Board is in favor of the tree removal required for the redevelopment of the site, alternate method of compliance request, and required mitigation that will be addressed through site specific conditions no.2,3,and 4. • The Board is in favor of the proposed side setbacks due to the driveway west of the building that will be shared with the property to the west and the proposed plaza area to the east of the building that will complement the public pathway adjacent to it. • The Board is in favor of the proposed lot coverage due to the buildable area of the lot being restricted due to the drainage ditch. • The Board is in favor of not requiring the applicant to mitigate for the existing street trees adjacent to East Aikens Road due to the applicant improving the 10-foot sidewalk with the new streetscape standard, including new street trees. Page 20 of 26 K:1Planning DeptAEagle App!ications1Dr120200R-30-20 Aikens St Mixed Use Building drf.docx BOARD DECISION: The Board voted 5 to 0(Duperault abstained,Baer absent)to recommend approval of DR-30-20 for a design review application for a multi-tenant mixed used artist studio/food and beverage sales/office (business and professional)/retail/restaurant/residential building for Steven E. Roth,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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. 2. Provide an arborist report or revised existing condition plan(sheet C 1.0)showing the specie,size (caliper inches/height),and condition.The applicant should be required to mitigate for the trees in accordance with Eagle City Code Section 8-2A-7(C)and 8-2A-7(0).The arborist report,revised existing condition plan,and required mitigation pursuant to ECC 8-2A-7(C)and 8-2A-7(0)shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. If the trees are approved to be removed and an alternate method of compliance is approved,the applicant should be required to provide a contribution to the City of Eagle tree fund in accordance with Resolution No.20-04.The contribution shall be submitted to the City of Eagle prior to the issuance of a zoning certificate. 4. Provide a revised"existing site condition plan"(sheet C 1.00)that includes the location,specie, size, and condition of all trees proposed for removal with this application, including the trees located on 167 East Aikens Road within the proposed driveway.All trees approved for removal,and not exempt from mitigation,should be mitigated for as outlined within Eagle City Code Section 8-2A-7(C)and 8- 2A-7(0)(3).The revised"existing site condition plan,"and mitigation in accordance with Eagle City Code Section 8-2A-7(C)and 8-2A-7(0)(3),shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide a cross access agreement between the owners of the two lots(79 East Aikens Road and 167 East Aikens Road)allowing cross access between the two lots utilizing the shared driveway including any future development of 167 East Aikens Road.The cross-access agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the Ada County Recorder's office prior to the issuance of a zoning certificate. 6. If the fence is permitted to be located on the property at 167 East Aikens Road,the applicant should enter into an agreement with the property owner of 167 East Aikens Road allowing the fence to located on their property on the west side of the shared driveway.The agreement should be reviewed and approved by the Zoning Administrator and should be recorded in the Ada County Recorder's office prior to issuance of a zoning certificate. 7. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by Page 21 of 26 K:1Planning DeptiEagle Applications1Dr12020ODR 30-20 Aikens St Mixed Use Building drf docx the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building. 13. No signs are proposed with this application and none are approved. 14. Provide a revised landscape plan showing the Aikens Road improvements are to be constructed by the applicant at the time of construction of this building.The Aikens Road improvements shall comply with ACHD's design standards and specifications for the Aikens Road Extension Project.The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 15. Provide a revised fence detail showing the fence proposed on the west side of the driveway to be earth tone dark color to complement the fence on the east side of the parking spaces.The revised fence detail shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide a revised landscape or site plan showing the details(i.e. materials,color,dimensions)of the retaining wall south of the parking spaces and adjacent to the drainage ditch.The revised landscape or site plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 17. The Board recommends approval of the side setbacks and lot coverage as proposed. 18. If the uses within the three commercial units require more than 4-parking spaces(including the 50% parking reduction permitted within the Downtown Development Area),the applicant shall be required to provide a parking in lieu payment for each parking space the site is short pursuant to Eagle City Code Section 8-4-4-5 prior to the issuance of any building permits. 19. The Board recommends tree mitigation be required for the site not including the existing street trees adjacent to Aikens Road.The tree mitigation plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department,including but not limited to approval of the drainage system,curbs, gutters,streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources 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 Page 22 of 26 K:1Planning Dept\Eagle Applications1Dr120201DR 30-20 Aikens St Mixed Use Building drf.doac occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure,or canal,or drain,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association,drainage district, drainage entity,or other irrigation entity,shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant,subdivider,business owner,homeowner,or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. Page 23 of 26 K:1Planning Dept\Eagle Applications\Dr\20201DR-30.20 Aikau St Mixed Use Building drf.docx 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction,and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps.of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps.of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically Page 24 of 26 K:1Planning DeptlEagle Applications1Dr120201DR-30-20 Aikens St Mixed Use Building drf.docx approved by the Commission and/or Council. 21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including,but not limited to building design, location and details, landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application,shall require the applicant to comply with all rules,regulations,ordinances,plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code(one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR 30-20) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a multi-tenant mixed use building is permitted with the approval of a design review application within the CBD-DA (Central Business District with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed multi-tenant mixed use building is designed to comply with the Italianate architectural style identified in the Eagle Architecture and Site Design book and complement the general vicinity; Page 25 of 26 K:1Planning DepttEagle Applications1Dr120201DR-30.20 Aikens St Mixed Use Building drfdocx C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site has adequate parking for all uses proposed or will comply with Eagle City Code Section 8-4-4-5; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features since the proposed multi-tenant mixed use building is designed to meet the Italianate style of architecture identified in the Eagle Architecture and Site Design book; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the multi-tenant mixed use building is in conformance with the Eagle Architecture and Site Design Book and has been designed to complement the buildings in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed multi-tenant mixed use building height does not exceed 40-feet permitted within Eagle City Code; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks,a plaza area,and a parking area; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the sidewalk will provide connection to other sites and a public pathway east of the site; and I. No signs are proposed with this application. A separate design review application(DR-31-20) has been submitted for the master sign plan criteria for the site and the signs will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. DATED this 25th day of June 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho •••„,,.,.,.,,, ••• CITY ''' COR '. F Craig asher,C airman ? y!• • ATTEST: '.1. tee....... �AHO A,J ( 0y-4—cAi\s4v ,,,,,,,,,,,,, Sharon K. Bergmann, Eagle City Clerk Page 26 of 26 K\Planning Dept\Eagle Applications\Dr12020\DR-30-20 Aikens St Mixed Use Building drf docx tirarte.tlt,, { °� e, °,41,'N i••• M••• ..\ •• »t' • �t � t 11. • • • . • A • Sw.• Y,