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Findings - CC - 2020 - DR-22-20 - Multi-Tenant Flex Space BldgBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI- ) TENANT FLEX SPACE BUILDING FOR ) D&N INVESTMENTS, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-22-20 The above -entitled design review application came before the Eagle City Council for their action on September 22, 2020. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: D&N Investments, LLC, represented by Dave Buich, is requesting design review approval for a 14,000- square foot, eight -unit, multi -tenant flex space building. The 0.60-acre site is located on the south side of East Dunyon Street approximately 660-feet west of the intersection of South Parkinson Street and East Dunyon Street at 2177 East Dunyon Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 20, 2020. Revised information (landscape plan, existing tree plan, building elevations) were received by the City on July 24, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on April 1, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 10, 2018, the City Council approved a rezone application for a rezone from MU (Mixed Use) to MU-DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) to address setbacks, lot coverage, and permitted uses (RZ-03-18). On August 9, 2018, the Design Review Board recommended denial of a design review application for a 14,000-square foot, eight -unit, multi -tenant flex space building (DR-28-18). On September 11, 2018, the City Council remanded a design review application for a 14,000-square foot, eight -unit, multi -tenant flex space building to the Design Review Board On September 14, 2018, prior to City Council approval, a design review application for a 14,000-square foot, eight -unit, multi -tenant flex space building for this site was withdrawn (DR-28-18). E. COMPANION APPLICATIONS: DR-37-20 (master sign plan). Page 1 of 25 K:\Planning DcptlEagle Applications\Dr\2020\DR-22-20 Multi -tenant Flex Space Bldg ccf.docc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed COMP PLAN DESIGNATION Mixed Use No Change North of site Compact Residential South of site Mixed Use East of site Mixed Use West of site Mixed Use ZONING DESIGNATION MU-DA (Mixed Use with a development agreement) No Change R-4 (Residential) BP (Business Park) MU (Mixed Use) MU (Mixed Use) LAND USE Single-family residence Multi -tenant flex space building Single-family residential (Randal Acres Subdivision No. 15) East State Street and mobile home park Church building Single-family residence G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the DSDA (Dunyon/State Development Area) Overlay District. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site has an existing residence and several accessory structures that will be removed prior to construction of the proposed building. Page 2 of 25 K:1Planning Dept\Eagle ApplicationslDr120201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.62-acres (27,007-square feet) 5,000-square feet Percentage of Site Devoted 52% (approximately) 60% (maximum)* to Building Coverage Percentage of Site Devoted 20% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 32-parking spaces total 32-parking spaces (minimum) (8-covered parking spaces within the building) (24-parking spaces on -site) Front Setback (North) 39-feet 15-feet (minimum)* Rear Setback (South) 41-feet 15-feet (minimum)* Side Setback (East) 5-feet 5-feet (minimum)* Side Setback (West) 5-feet 5-feet (minimum)* *Note: Lot coverage and setbacks approved through RZ-03-18 and the Dunyon/State Development Area. K. PARKING ANALYSIS: Gross Floor Area of Proposed Multi -tenant Flex Space Building: 14,000-square feet Proposed Parking Spaces: 32 (including 8-covered parking spaces within the building) Required Parking Spaces (estimated per use requirements in requirements in Eagle City Code): 56, for 14,000-square feet using 1 parking space per 250-square feet for personal improvement, personal services, retail sales, travel services 35, for 14,000-square feet using 1 parking space per 400-square feet for catering service, home and business services, printing and/or blueprinting 28, for 14,000-square feet using 1 parking space per 500-square feet for communication facilities, industry research and development, retail sales 24, for 14,000-square feet using 1 parking space per 1,000-square feet for storage and 1 parking space per 250-square feet for office (flex space) 14, for 14,000-square feet using 1 parking space per 1,000-square feet for artist studio, industry custom and limited, storage (enclosed building) Note: Parking requirements for additional uses permitted within the development agreement i.e. electronic sales, service, or repair shop, horticulture, microbrewery, personal wireless facilities (enclosed building, height — 35' or less), photographic studio, professional activities, research activities, small engine repair (mower, chain saws, etc.), upholstery shop, and winery cannot be determined without a review of a proposed floorplan. Page 3 of 25 K:1Planning Dept\Eaglc Applicadons\D?20201Dit 22.20 Multi -tenant Flex Space Bldg cc£docx L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a multi -tenant flex space building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 24-foot 8-inch high single -story structure. Gross Floor Area of Proposed Buildings: The proposed multi -tenant flex space building is approximately 14,000-square feet. On and Off -Site Circulation: Four paved parking lots totaling 8,552-square feet provide parking for vehicles using this site. Two, 22-foot wide driveways are located on the north property line and provide access to East Dunyon Street. Two, 22-foot wide driveways are located on the south property line and provide access to East State Street. M. BUILDING DESIGN FEATURES: Building Design: Craftsman (as identified in the applicant's revised narrative, date stamped by the City on August 19, 2020) Roof: Asphalt Shingles (black) Walls: Stucco (SW 7019 Gauntlet Gray), Board and Batting (SW 7018 Dovetail), Metal (SW 6990 Caviar) Windows/Doors: Metal (Saffron and Dark Bronze), Metal door (SW 6990 Caviar) Fascia/Trim: Metal (SW 6990 Caviar), metal awning (SW 6990 Caviar) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 10 existing trees on the site that the applicant is proposing to remove. The applicant is proposing to remove all existing trees from the site. Below is a list of all existing trees proposed to be removed with their respective conditions identified within the "site demo and clean-up" plan, date stamped by the City on July 24, 2020. Tree Specie Caliper Condition (per arborist report) Catalpa 35" Fair to Poor Deadwood, broken limbs, leaning Boxelder (2) 20" Fair to Poor Deadwood, broken limbs, and visible decay, previous poor pruning Colorado 20" Fair to Good Spruce (2) Deadwood, some insect damage Staff Replacement Recommendation Inches per ECC If approved for removal, mitigation may not be required. If approved for removal, mitigation may not be required. If approved for removal, mitigation should be required. 0 0 40" Page 4 of 25 K:1Planning Dept\Eagle AppIications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccf docx Black Walnut 20" Poor Silver Maple 25" Poor to Fair Deadwood, broken limbs, leaning Multi -stem 6" / 8-12" Poor / Dead or Dying (2) Deadwood Cedar 10" Fair to Poor If approved for removal, mitigation may not be required. If approved for removal, mitigation may not be required. If approved for removal, mitigation may not be required. If approved for removal, mitigation may not be required. Total caliper inches of trees required to be replaced on site Total caliper inches proposed for mitigation I.uIu1-4uu J IFUIX tt., Boxelder (#7) Boxelder (#2) x, ,1k lluau i-ua ruce (#4 .0) 0 0 0 0 40" None Black Walnut (#5) Page 5 of 25 K \Planning DeptlEagle Applications \ Dr\2020\DR-22-20 Multi -tenant Flex Space Bldg ccf.docx Silver Ma le (#6) Multi -Stem (#8) Multi -stem (#9) Cedar (#10) -NC' 4 - Tree Replacement Calculations: The applicant is proposing to remove the ten existing trees from the site. Two trees (Colorado Spruce) requires mitigation. The applicant provided caliper inches for the trees, however, mitigation for evergreen trees is calculated by height. The height of the evergreen trees will need to be provided in order to calculate the required mitigation. The applicant is not proposing any mitigation for the removal of trees on the site. See discussion on page 16 for more information. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along East State Street and East Dunyon Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 11% is proposed. O. TRASH ENCLOSURES: An individual tote will be utilized for each commercial unit. The individual totes will be stored in the garages. P. MECHANICAL UNITS: Q. The applicant is proposing to locate all mechanical units either through the wall with a louvered outdoor grille or inside the office and shop. The louvered outdoor grilles are proposed to have a baked -on paint finish. No ground mounted or rooftop mechanical units are proposed and none are approved. OUTDOOR LIGHTING: The applicant has provided building elevations showing the location of all building wall lighting and provided lighting cut sheets for the building wall lighting showing the style, color, illumination type, etc., which comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-37-20) has been submitted for the approval of a master sign plan for the building and site. S. PUBLIC SERVICES AVAILABLE: Page 6 of 25 K:\Planning Dept\Eagle Applications\DA20201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. T. PUBLIC USES PROPOSED: None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. V. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes, near the existing house and structures Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. X. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Parks, Pathways, and Recreation Eagle Sewer District Historic Preservation Commission Idaho Transportation Department Y. LETTERS FROM THE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Page 7 of 25 K:1Planning DeptlEagle Applications1Dr120201DR-22-20 Multi -tenant Flat Space Bldg ccf.docx B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such change require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan and notice shall be provided as may be required by the City. 3.4 Maximum lot coverage shall be 60 percent. 3.5 Boundary side yard setbacks shall be 5-feet minimum 3.6 Permitted uses: Art Studio Catering service Communication facilities Electronic sales, service, or repair shop Flex space Home and business services Horticulture Industry Custom and Limited Industry Research and Development Microbrewery Personal improvement Personal services Personal wireless facilities (enclosed building, height — 35' or less) Photographic studio Printing and/or blueprinting Professional activities Research activities Retail sales (general) Retail sales (limited) Small engine repair (mower, chain saws, etc.) Storage (enclosed building) Travel services Upholstery shop Winery The uses shall be conducted within the interior of the building and no outdoor storage of materials or equipment shall be permitted. 3.7 Parking shall be in conformance with Eagle City Code, Title 8: Off Street Parking and Loading. 3.9 Owner shall provide a solid privacy fence located adjacent to the property located to the west and remove the chain link fence located adjacent to the property to the east. The style of the solid privacy fence shall be in conformance with Eagle City Code. The solid privacy fence shall be reviewed and approved by the Design Review Board and City Council prior to installation. Page 8 of 25 K:1Planning Dept\Eagle Applicatians\Dr\20201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(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-5(E): Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD Book, established through a resolution of the City Council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, Exhibit A-1 may only be modified through an ordinance amendment. The architecture styles found in the EASD Book are permitted styles. Architectural styles not shown within the EASD Book will not be considered. A copy of the EASD Book is available at Eagle City Hall. • Eagle City Code Section 8-2A-6(A)(5): 5. Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground, and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; Page 9 of 25 K:\Planning Dept\Eaglc Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg cct docx b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations; and d. The continued maintenance of these service systems. • 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(B)(1)(a, k): 1. Exterior walls and soffits: a. Wood: cedar (clear) and redwood (clear) - architecturaUpremium grade. Log siding, wood shingle are permitted for accent only, twenty five percent (25%) maximum wall coverage (per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road. A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively Page 10 of 25 K:\Planning DepAEagle Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B 1 k, metal siding shall be prohibited in the DDA, TDA, CEDA design review overlay district areas. • Eagle City Code Section 8-2A-6(B)(3): 3. Fences: a. Block (with columns), which may include brick, rock, stone or similar veneer; b. Brick (with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted for use on school sites. • Eagle City Code Section 8-2A-6(B)(5): 5. Colors: a. Earthen tones are encouraged. b. Flat or low gloss finishes are encouraged. c. Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building. • Eagle City Code Section 8-2A-6(F)(c-d): c. Pedestrian Amenities: Front and rear 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. d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section: (1) Interior and perimeter parking lot landscape area dimensions may be reduced. (2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. • Eagle City Code Section 8-2A-7(C)(1-2): 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: Page 11 of 25 K:1Planning DeptTagle Applications1Di 20201DR-22-20 Multi -tenant Floc Space Bldg ccf docx 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. • Eagle City Code Section 8-2A-7(J)(2-3): 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. b. When a parking lot abuts a residential activity, 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)(2-3): 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. Page 12 of 25 K:IPlanning Dept\Eagle Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx 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. (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(M): 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(0)(3): 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 Page 13 of 25 K:1Ptanning DcptlEagle Applicatians1Dr120201DR-22-20 Multi -tenant Flex Space Bldg cct docx 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 8-4-3: Design and Maintenance: A. Paving: The required number of parking and loading spaces as set forth in this chapter, together with driveways, aisles and other circulation areas, shall be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not be permitted. • Eagle City Code Section 8-4-5: Type of Use Off Street Parking Spaces Required Artist studios Catering service Communication facilities Home and business services Nursery, plant materials Office, business and professional Personal improvement Personal services Printing and/or blueprinting Retail sales of large items such as furniture and appliances Retail sales not listed under another use classification Storage (enclosed building and/or fenced area) Travel services Industry (custom) Industry (limited) Industry (research and development) 1 per 1,000 square feet of gross floor area 1 per 400 square feet of gross floor area 1 per 500 square feet of gross floor area 1 per 400 square feet of gross floor area 1 per 500 square feet of outside display/lathe house/green house area, plus 1 per 250 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 400 square feet of gross floor area 1 per 500 square feet of gross floor area 1 per 250 square feet of gross floor area 1 per 1,000 square feet of gross storage area 1 per 250 square feet of gross floor area 1 per 1,000 square feet gross floor area used for industrial purposed, plus 1 per 300 square feet office or sales area 1 per 750 square feet of gross floor area used for industrial purposes; plus 1 per 300 square feet office or sales area 1 per 500 square feet Page 14 of 25 K:1Planning DeptTaglc Applications\Dr12020\DR-22-20 Multi -tenant Floc Space Bldg ccf.docx D. DISCUSSION: • On July 10, 2018, the City Council approved a rezone with development agreement to address setbacks, lot coverage, and permitted uses for this site. • The applicant is requesting design review approval to construct a 14,000-square foot, eight unit, multi -tenant flex space building. The applicant's justification letter states that the architectural style is a contemporary understated Prairie School design with strong horizontal elements. Prairie School is one of the nine architectural styles identified in the Eagle Architecture and Site Design (EASD) book, however, it is staff's opinion that the design of the building is missing elements and materials (i.e. use of natural materials, horizontal lines, roof overhanging eaves, etc.) present in a Prairie School style (as identified in the EASD Book). Examples from the EASD Book The applicant should be required to provide revised building elevations showing additional elements present in a Prairie School style of architecture. The revised building elevations should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The building elevations show a combination of stucco and board and bat siding on the north and south elevations and metal siding and board and bat siding on the east and west elevations. Pursuant to Eagle City Code Section 8-2A-6(B)(1)(a), synthetic board and bat sidings are perm itted as accents only. Staff defers comment regarding the board and bat siding to the Design Review Board. • The building elevations show metal siding on the east and west elevations. Pursuant to Eagle City Code Section 8-2A-6(B)(1)(k), metal siding is required to be anodized, have concealed fasteners, have a silicon polyester finish or equivalent, and include special design treatments to enhance the appearance (may include brick or masonry wainscot treatments along exterior walls and accent colored material). The applicant should be required to provide revised building elevations for the east and west building elevations showing the metal siding to be anodized, have concealed Page 15 of 25 K:\Planning DcptVEagle Applications0r\2020\DR-22-20 Multi -tenant Flex Space Bldg ccf docx fasteners, have a silicon polyester finish or equivalent, and include special design treatments (brick or masonry wainscot treatments) along the exterior walls and accent colored metals. The revised building elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • This site is located within the Dunyon/State Development Area (DSDA). Pursuant to Eagle City Code Section 8-2A-6(F)(2)(c), pedestrian amenities are encouraged within the front and rear setback areas such as public art, landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas, streetscape extension, and bicycle racks. The landscape plan shows bicycle racks proposed in front of each unit and no additional amenities proposed. Staff defers comment regarding pedestrian amenities to the Design Review Board. • The applicant is proposing to remove all existing trees from the site. The "site demo and clean- up" plan, date stamped by the City on July 24, 2020, states that the trees proposed to be removed are in poor, fair, and good condition. On August 4, 2020, staff completed a site inspection of the existing trees (see photos provided herein). The majority of the trees are identified as dead, or in poor to fair condition; however, there are two Colorado Spruce trees identified as fair to good condition. If the Design Review Board approves the removal of all existing trees staff recommends mitigation be required for the two Colorado Spruce trees. The applicant should be required to provide a revised "site demo and clean up" plan showing the height of all coniferous trees. The two Colorado Spruce trees should be mitigation for as outlined within "Eagle City Code Section 8-2A-7(C) and 8-2A-7(0)(3). The revised "site demo and clean-up" 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 landscape plan identifies rock mulch as the ground cover between the building and east and west property lines with no additional landscape proposed. The property is adjacent to another commercial use on the east property line and located adjacent to a residential use on the west property line. Eagle City Code Section 8-2A-7(J)(2)(a), requires a 10-foot-wide by six -foot -high landscape buffer between commercial and residential uses and Eagle City Code Section 8-2A- 7(J)(2)(b), requires a five-foot wide by six-foot high landscape buffer between a parking lot and residential use. The property is located within the Dunyon/State Development Area (DSDA) overlay district. The DSDA overlay district was created in order to encourage new development. Eagle City Code Section 8-2A-6(F)(2), states that the minimum required landscaping between the building and the property line and the perimeter parking lot landscaping may be reduced when the Design Review Board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. If the Design Review Board recommends approval of the reduced landscape buffer between the building and east property line, the applicant should be required to provide a revised landscape plan showing 5-foot wide by 6-foot high landscape buffer (minimum 60% evergreen plant material) between the building/parking lot and east property line. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan identifies a five-foot wide landscape strip between the right of way and the parking lot on both the State Street and Dunyon Street sides. Eagle City Code Section 8-2A- 7(K)(2), requires a landscape strip between the parking lot and public right-of-way and meets one of the four criteria. The applicant should be required to provide a revised landscape plan showing a landscape strip between the right-of-way and parking lot that is: Page 16 of 25 K:1Planning Dept'Eaglc Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccfdocx a) 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. -foot wide landscaped stripped between the right of way and the parking lot, b) 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) 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, -or- d) 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. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The site has approximately 64-feet of right-of-way between the south property line and edge of pavement along East State Street and approximately 12-feet of right-of-way between the north property line and edge of pavement along East Dunyon Street. The site and landscape plan do not identify improvements between the property line and edge of payment including curb, gutter, and sidewalk along East State Street and East Dunyon Street. Eagle City Code Section 8-2A-7(M), requires sidewalks within the DSDA to be separated from the back of curb with an eight -foot wide parkway planter strip and planted with shade class trees. The applicant should be required to provide a revised site and landscape plan showing the area located between the north and south property lines up to the edge of pavement improved including showing a five-foot wide sidewalk with an eight -foot wide parkway planter strip planted with a shade class tree every 35-feet between back of curb on East State Street and East Dunyon Street. The revised site and landscape plan 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 and landscape plan show two parking lots located north of the building and two parking lots south of the building, but it is unclear if the parking lots and drive aisles into the site are to be paved. Eagle City Code Section 8-4-3, requires all parking and loading spaces, together with driveways, aisles and other circulation areas to be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces are not permitted. The applicant should be required to provide a revised site and landscape plan showing the four parking lots and drive aisles improved with asphalt or concrete. The revised site and landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The floor plan for the building shows a shop/warehouse with an office and bathroom, and one - parking space located within the shop/warehouse for each of the eight units. There are three parking spaces located in front of each of the eight -units. The use for each unit may vary based on the permitted uses identified with the development agreement. Uses will be permitted based on four -parking spaces per unit (three, if the parking space within the shop/warehouse is removed). If a joint/collective parking agreement is recorded for the four parking lots, other uses may be considered. Page 17 of 25 K:\Planning Dept\Eagle Applications\D?2020\DR-22-20 Multi -tenant Flex Space Bldg ccr.docx • The landscape plan identifies a vinyl fence along the west property line but the height of the fence is not identified. The applicant should be required to provide a revised landscape plan showing the height of the proposed fence along the west property line. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The site has existing above ground utilities. The site and landscape plans do not show the location of the existing above ground utilities nor do they show the above ground utilities to be installed underground. The applicant should be required to provide a revised site and landscape plan showing all overhead powerlines, cable, and telephone service systems to be installed underground and all poles removed. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, if the application is approved then staff recommends 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 August 13, 2020. The application was continued to August 27, 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 0:43:16) On August 13, 2020, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board determined the design and materials proposed on the building did not comply with the Prairie School style of architecture and requested the board and bat siding color be modified to a different color then the metal siding on the east and west building elevations. • The Board determined the proposed tree removal should be approved and the mitigation required should comply with Eagle City Code Section 8-2A-7(C). • The Board recognizes the side setbacks are 5-feet per the development agreement and requests the 5- feet between the site and residential property to the west be planted with evergreen plantings. BOARD DELIBERATION: (Granicus time 23:49) On August 27, 2020, upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board determined the design and materials proposed on the building are consistent with the Craftsman architectural style as stated in the applicant's revised narrative, date stamped by the City on August 18, 2020. • The Board determined the applicant is not required to install sidewalks adjacent to East State Street and East Dunyon Street at this time, and requested the applicant provide revised plans showing how the area between the property line and paved roadway will be improved/maintained. • The Board determined landscaping was not required within the 5-foot area between the building and property line due to the limited space, visibility, egress doors, and installation of a 6-foot tall vinyl fence. The Board determined landscaping is required between the parking lot and east and west property Page 18 of 25 K:1Planning DeptlEagle Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccf docx lines to buffer the parking lot from the adjacent property and comply with Eagle City Code. • The Board determined the applicant is required to meet Eagle City. Code Section 8-2A-7(K)(2), regarding the buffer between the parking lot and right-of-way. The Board determined 5-feet of the 10- foot wide buffer could be located within the right-of-way in order to meet the requirement. BOARD DECISION: The Board voted 6 to 0 (Brasher absent) to recommend approval of DR-22-20 for a design review application for a 14,000-square foot, eight -unit, multi -tenant flex space building for D&N Investments, LLC, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated September 10, 2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on September 22, 2020, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR-22-20 for a design review application for a 14,000-square foot, eight -unit, multi -tenant flex space building for D&N Investments, LLC, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council and text shown with strikethrough to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-03-18. 2. Provide revised building elevations showing the board and bat siding to be Gauntlet Gray. The revised building elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide revised building elevations for the east and west building elevations showing the metal siding to be anodized, have concealed fasteners, have a silicon polyester finish or equivalent, and include special design treatments (brick or masonry wainscot treatments) along the exterior walls and accent colored metals. The revised building elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 4. IPthe De ' c the removal of all ' ' atiop bo wired for the -two C-olora es. The applicant shall be required to provide a revised "site demo and clean up" plan showing the height of all coniferous trees. The two Colorado Spruce trees should be mitigation for as outlined within "Eagle City Code Section 8-2A-7(C) and 8-2A-7(0)(3). The revised "site demo and clean-up" 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. The applicant shall be required to provide a revised landscape plan showing 5-foot wide by 6-foot high landscape buffer (minimum 60% evergreen plant material) between the parking lot and west property line. No shrubs/trees are required between the building and east and west property line as shown on the landscape plan, date stamped by the City on August 19, 2020. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 19 of 25 K:1Planning Dept\Eagle Applications\Dr\2020\DR-22-20 Multi -tenant Flex Space Bldg cctdocx 6. Provide a revised landscape plan showing a landscape strip located adjacent to the parking lots (partially onsite and partially within the right-of-way) that is: a) 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. -foot wide landscaped stripped between the right of way and the parking lot, b) 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) 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, -or- d) 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. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 7. Provide a revised site and landscape plan showing the area located between the north and south property lines up to the edge of pavement improved with weed barrier, gravelfeeks, and plantings (located from the property line encroaching into the right-of-way 5-feet to the north (East Dunvon Street) and from the property line encroaching into the right-of-way 5-feet to the south (East State Street) to address site specific condition No. 6). The applicant shall provide a copy of the recorded license agreement with the Ada County Highway District (ACHD) for all landscaping located within the right-of-way. The revised site and landscape plan and recorded license agreement shall be reviewed and approved by staff and one members of the Design Review Board prior to the issuance of a zoning certificate. 8. The revised landscape plan, date stamped by the City on August 19, 2020, showing the drive aisles and parking lots to be paved is approved. 9. Uses will be permitted based on four -parking spaces per unit (three, if the parking space within the shop/warehouse is removed). If a joint/collective parking agreement is recorded for the four parking lots, other uses may be considered. 10. The revised landscape plan, date stamped by the City on August 19, 2020, showing the vinyl fence along the west property line to be six -feet tall is approved. 11. Provide a revised site and landscape plan showing all overhead powerlines, cable, and telephone service systems associated with this site to be installed underground and the pole located on the site removed. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 12. The existing chain link fence located on the north, south, east, and west property lines shall be removed prior to the issuance of a certificate of occupancy. 13. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 14. 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, Page 20 of 25 K:1Planning DeptlEagle Applicatiau1Dr12020\DR-22-20 Multi -tenant Flex Space Bldg ccf docx whichever occurs first. 15. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 16. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 17. No ground mounted or rooftop mechanical units are proposed with this application and none are approved. 18. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 19. No signs are proposed with this application and none are approved. 20. Provide detailed cutsheets of all exterior lighting showing the lighting angled down. No uplighting is permitted. The detailed lighting cutsheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no Page 21 of 25 K:1Planning DeptlEagle Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccfdocx 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 right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, Page 22 of 25 K:1Planning Dept\Eagle Applications\Dr120201DR 22-20 Multi4enant Flex Space Bldg ccf.docx 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a fmal 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 Page 23 of 25 K:1Planning Dept\Eagle Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-22-20) 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 Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a multi -tenant flex space building is permitted with the approval of a design review application within the MU-DA (Mixed Use with a development agreement) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the multi -tenant flex space building is designed to comply with the Craftsman architectural style identified in the Eagle Architecture and Site Design book and complements the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site has 32-parking spaces and parking will be evaluated per use; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed multi -tenant flex space building is design to meet the Craftsman 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 flex space 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 multi -tenant flex space building height does not exceed 35-feet permitted withing 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 design with a parking lot and sidewalk in front of the units; Page 24 of 25 K:\Planning Dept\Eagle Applications\Dr\20201DR-22-20 Multi -tenant Flex Space Bldg ccf.docx 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; and I. No signs are proposed with this application. A separate design review application (DR-37-20) 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. 3. The Council reviewed the particular facts and circumstances of this proposed design review application in terms of Eagle City Code Section 8-2A-6(F), "Dunyon/State Development Area" and has concluded that the proposed design review: A. Will have a reduced landscape buffer of 5-feet adjacent to the west property line due to a reduced setback of 5-feet being approved within the development agreement and the building's design style, architecture, and 6-foot tall fence serving as an appropriate buffer to the adjacent property. DATED this 13t1i day of October. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho iJasoji Pierce, Mayor ATTEST: .•'"o1 E4C� 'o ••0.......•. .,�, v.: �� :*: Tracy E. . ►orh, Eagle City ClecE. SEAL-,,,-.: s�::::... 91. 1 Page 25 of 25 K 1Planning Dept\Eagle Applications1Dr120201DR-22-20 Multi -tenant Flex Space Bldg ccf docx i,t,,,,,,,irrrr 11 :l k) _ * • • • • (/ •7 r) # • utY Y', i l • •.Ri