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Findings - DR - 2014 - DR-59-14 - Remove Existing Residence/Construct An 8619 Sq'/2-Story Commercial/Apartment Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI- ) TENANT COMMERCIAL BUILDING WITH ) TWO RESIDENTIAL APARTMENTS FOR ) YESTERDAY PROPERTIES LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-59-14 The above-entitled design review application came before the Eagle Design Review Board for their action on December 11, 2014. 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: Yesterday Properties LLC, represented by Walter Lindgren with Johnson Architects, is requesting design review approval to remove an existing residential dwelling and to construct an 8,619-square foot two story commercial/apartment building (1St floor— 4,144-square feet and 2nd floor—4,464- square feet). The 0.17-acre site is located on the southeast corner of North 2nd Street and East Idaho Street at 166 North 2nd Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 30, 2014. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 3, 2014, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS: DR-60-14 (design review sign application) Page 1 of 16 K\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Residential dwelling District) Proposed No Change No Change Commercial/Apartments North of site Downtown CBD(Central Business Single Family Residential District) South of site Downtown CBD(Central Business Commercial/Apartment District) East of site Downtown CBD(Central Business Eagle Senior Center District) West of site Downtown CBD(Central Business Commercial/Apartment District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional Development Area) overlay district. H. EXISTING SITE CHARACTERISTICS: There is an existing residential dwelling and several existing trees located on this site. Page 2 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.17-acres(7,440-square feet) 0.01-acres (500-square feet— minimum) Percentage of Site Devoted to 56%(approximately) 20% (minimum)* Building Coverage 85% (maximum)* Percentage of Site Devoted to 19% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 10-parking spaces total 10-parking spaces (minimum) 7-parking spaces on-site Including 2-covered parking spaces for residential 4-covered parking spaces apartments 3-parking spaces on 2nd& Idaho Streets Front Setback 0-feet(west) 10-feet(minimum)* 25-feet(maximum)* Rear Setback 28-feet(east) 0-feet(minimum) Side Setback 0-feet(north) 0-feet(maximum)* 10-feet(maximum)* Side Setback 6-feet(south) 0-feet(maximum)* 10-feet(maximum)* *Note:Required lot coverage and setbacks when located within the TDA. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used for commercial and two residential apartments. Height and Number of Stories of Proposed Buildings: 29' 3"in height;two stories. Gross Floor Area of Proposed Buildings: First floor= 4,144-square feet Second floor= 4,464-square feet Total= 8,619-square feet On and Off-Site Circulation: A 1,890-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 20-foot wide driveway is proposed to be located on the east side of this site providing access to the parking area located behind the Eagle Senior Citizens Center located to the east of this site. One 24-foot wide driveway is proposed to be located on the south side of this site providing access to the parking area located behind the commercial/residential building located to the south of this site. Page 3of16 K\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc K. BUILDING DESIGN FEATURES: Roof: Single ply roofing system (white) Walls: Stucco (Morris Room Gray, Roycroft Mist Gray), Fiber Cement Board (Acanthus, Dutch Tile Blue, Ivory Lace), Brick(Tribecca) Windows/Doors: Metal windows and doors(Dark Gray and Chinese Red) Fascia/Trim: Stucco (Morris Room Gray, Roycroft Mist Gray) and Fiber Cement Board (Acanthus, Dutch Tile Blue, Ivory Lace) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are three (3) existing trees adjacent to 2nd Street that the applicant is proposing to retain and incorporate into the layout of the site. There is a group of Elm trees located near the northeast corner of the site and one tree located near the southwest corner of the site that are to be removed. The landscape plan, date stamped by the City of Eagle on October 30, 2014, indicates that there is a 12-inch caliper Hawthorn tree located on the property to the south of this site that is to be removed due to the condition of the tree. The removal of this tree will also provide cross access between this site and the site to the south. Tree Replacement Calculations: N/A Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing one (1) street tree adjacent to 2nd Street and two (2) street trees adjacent to Idaho Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed on the north and only a portion of the east perimeter because cross access is proposed to both the south and east. b. Interior Landscaping: 5% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: No trash enclosures are proposed with this application. The trash tots are proposed to be located within the garages for the residential units and within the trash/storage area for the commercial uses. N. MECHANICAL UNITS: The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are proposed to be screened from view by the parapet walls. No ground mounted units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location,height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. Page 4 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from the 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. R. PUBLIC USES PROPOSED:None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion -no Fish Habitat-no Floodplain-no Mature Trees—yes—along 2nd Street Riparian Vegetation -no Steep Slopes-no Stream/Creek-no Unique Animal Life -no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments,which appear to be of special concern, are noted below: Ada County Highway District Eagle Fire Department Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC:None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as Downtown. Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business,public, Page 5 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc quasi-public, cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-6(A)(5)(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); • Eagle City Code Section 8-2A-6(D)(2)(f) Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum of fifty percent(50%) glass. Floors above the main floor shall have a minimum of twenty five percent(25%)glass. • Eagle City Code Section 8-2A-6(D)(3)(a-b) a. Front building setbacks from the property line shall be a minimum of ten feet(10')to a maximum of twenty five feet(25'). b. Side building setbacks may be zero feet(0') so as to tie into adjoining structures or ten feet (10')maximum where ties to adjoining structures are not desirable. • Eagle City Code Section 8-2A-6(D)(4)(c) Shared drive access points to parking shall be used wherever possible. • Eagle City Code Section 8-2A-6(D)(4)(d) Encourage shared parking. • Eagle City Code Section 8-2A-6(D)(4)(f) On street parking is allowed. • Eagle City Code Section 8-2A-6(G)(13) Sidewalks within the TDA shall be a minimum of ten feet(10')wide and shall abut the curb or shall be a minimum of eight feet(8')wide with a ten foot(10')wide landscape strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD book, consisting of smooth 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 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. Page 6 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drf.doc • Eagle City Code Section 8-2A-7(C)Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site(or from abutting right of way)replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more lx caliper of tree removed Removal of the following trees shall not 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. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8")caliper tree is removed, an acceptable replacement would be three (3)4-inch caliper trees or four(4) 3-inch caliper trees. 2. 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 or shrub shall be replaced in accordance with subsection Cl of this section. 3. 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. 4. 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(K) Parking Lot Landscaping: 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings,which creates a pleasing, harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot(10')wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten(10) shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches(30")minimum height(do not exceed 3:1 slope) Page 7 of 16 K.\Planning Dept\Eagle Applications\Dr\2014\DR•59-14 Yesterday MU Bldg drfdoc 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 8-4-4-2(F): Off Street Parking Design And Dimension Tables: STANDARD VEHICLES Parking angle 45° 69° 90° Parallel Width of parking space 9 feet 9 feet 9 feet 9 feet Curb length per space 13 feet 10 feet 9 feet 23 feet Length of parking space (measurement to be perpendicular from the 15 feet 18 feet 19 feet 23 feet curb or front of space if no curb is provided) Width of driveway aisle 13 feet 17 feet 24 feet 12 feet COMPACT VEHICLES Parking angle 45° 69° 90° Parallel Width of parking space 8 feet 8 feet 8 feet 8 feet Curb length per space 11 feet 9 feet 8 feet 19 feet Length of parking space (measurement to be perpendicular from the 11 feet 14 feet 15 feet 19 feet << curb or front of space if no curb is provided) Width of driveway aisle 12 feet 15 feet 22 feet 12 feet Page 8 of 16 K:\Planning Dept\Eagle Applications\Dr\20l4\DR-59-14 Yesterday MU Bldg drf doc • Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS: For the purpose of this title,the following space requirements shall apply, except that in the DDA and TDA the space requirement listed herein shall be reduced by fifty percent(50%) for all nonresidential uses and adjacent on street parking shall be included in the minimum requirement: Type Of Use Off Street Parking Spaces Required RESIDENTIAL Apartments or multi- For each unit with 2 or more bedrooms-2 including 1 covered; for family dwellings each 1 bedroom or studio unit- 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement Offices, business and 1 per 250 square feet of gross floor area professional Retail sales not listed 1 per 250 square feet of gross floor area; in the DDA and TDA 1 per under another 500 square feet of gross floor area shall be required for any such use use classification and on street parking shall be included in the minimum requirement C. DISCUSSION: • The applicant is proposing to remove an existing residential dwelling and to construct an 8,619- square foot two story commercial/apartment building on the southeast corner of 2nd Street and Idaho Street. Commercial uses, permitted within the Central Business District(CBD), are proposed to be located on the first floor. There are two(2),two(2)car garages proposed on the first floor as well that will be utilized by the occupants of the residential apartments proposed on the second floor. Two(2), three(3)bedroom residential apartments are proposed on the second floor. The architectural style of the building is Italianate and appears to have two different store fronts from the west and the store fronts are symmetrical with regard to the door and window layout. There is a tower proposed on the northwest corner of the building and several balconies proposed on the west and north building elevations. A variety of well blended materials and colors are proposed to be used on the façade of this building. A small parking lot consisting of three(3)parking spaces is proposed to be located between the east property line and the east side of the building. One of the garages will have access from this parking area. The other garage will have access from Idaho Street. The applicant is proposing cross access between this site and the site to the east and the site to the south to access this parking area. In order for the applicant to have cross access with the site to the east,the Eagle Senior Center, the existing curb and asphalt will need to be modify to provide an access driveway between the two sites. The site plan, date stamped by the City on October 30, 2014, shows a 20- foot wide driveway to be constructed between these two sites. Access between this property and the property to the south would require the removal of two (2)of the parking spaces on the site to the south(staff will address the parking on the property to the south later). The site plan, date stamped by the City on October 30, 2014, shows the removal of the two parking spaces on the site to the south; however,this leaves only a 20-foot wide drive aisle between these two sites. Eagle Page 9 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc City Code only addresses driveway widths associated with parking spaces,otherwise it only requires that parking areas be design in such a manner that nay vehicle leaving or entering the parking area be traveling in a forward motion. The applicant should be required to provide an approval letter from the Eagle Fire Department approving the drive aisle widths,between this site and the sites to the east and south, to be 20-feet wide. The approval letter should be reviewed and approved by staff prior to the issuance of a zoning certificate. • On October 23, 2002,the Eagle City Council approved a design review application to convert a residence into an office and to construct a two story addition for an office and residence(DR-45- 02)(148 2nd Street). At the time this application was approved,the applicant was required to provide 9-parking spaces on-site and one(1) on-street parking space. The site was approved with eight(8)on-site parking spaces and one(1)on-street parking space. If this property were developed under today's parking code, only 6-parking spaces would be required on-site with one (1)on-street parking space. The applicant of the subject site is requesting approval to remove two (2) of the parking spaces from this site. With the removal of the two(2)parking spaces,the property located at 148 2nd Street would be incompliance with Eagle City Code 8-4-5. The applicant should be required to provide written approval from the property owner to the south and from the Eagle City Council allowing the removal of the two(2)parking spaces located within the northeast corner of the property located at 148 2nd Street. The written approval from the property owner and City Council should be provided to staff prior to the issuance of a zoning certificate. • It would appear from the site plan, date stamped by the City on October 30, 2014,that the sidewalk, curb, and gutter located west of the existing driveway on the Eagle Senior Center property will need to be reconfigured in order to provide on-street parking on Idaho Street in front of this development. Also,the landscape plan shows a tree and shrubs to be planted in the landscape island located between the parking on this site and the driveway on the Eagle Senior Center's property. The applicant should be required to enter into a maintenance agreement with the City for the reconstruction of the curb, gutter, and sidewalk along Idaho Street and for the landscape improvements and on-going maintenance of the landscaping located on the City's property. The maintenance agreement should be reviewed and approved by the City Council and recorded in the recorder's office prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, all buildings are to include a"storefront" on the ground floor consisting of a minimum of 50% glass and floors above the main floor are required to have a minimum of 25% glass. The front of any building is the facade that fronts upon any street. This site is adjacent to 2nd Street and Idaho Street;therefore, 50% glass is required on the ground floor and 25% glass is required on the second floor on the west and north building elevations. The elevation plans,date stamped by the City on October 30, 2014,show the following: 2nd Street(west elevation) Ground floor=46% Second floor=44% Idaho Street(north elevation) Ground floor=29% Second floor=30% The applicant should be required to provide revised elevation plans showing a minimum of 50% glass on the west and north building elevations. The revised elevation plans should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • This site is located within the Transitional Development Area(TDA). The front setback for buildings located within the TDA is to be a minimum of 10-feet to a maximum. The site plan, date stamped by the City on October 30,2014, shows the front setback along 2nd street to be 0-feet. Staff defers comment regarding the front setback of the building to the Design Review Board. Page 10 of 16 K.\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc • There are three(3)existing trees adjacent to 2nd Street that the applicant is proposing to retain and incorporate into the layout of the site. There is a group of Elm trees located near the northeast corner of the site and one tree located near the southwest corner of the site that are to be removed. The landscape plan, date stamped by the City of Eagle on October 30, 2014, indicates that there is a 12-inch caliper Hawthorn tree located on the property to the south of this site that is to be removed due to the condition of the tree. The removal of this tree will also provide cross access between this site and the site to the south. Pursuant to Eagle City Code, if a 12-inch caliper tree is removed from a site, a minimum of 18-inches of tree caliper are required to be replaced on-site. Staff defers comment regarding tree replacement caliper inches to the Design Review Board. • In the northeast corner of this site the applicant is proposing to construct two parking spaces. The landscape plan, date stamped by the City on October 30, 2014, shows a 6-foot wide landscape buffer between the sidewalk and the parking area. Pursuant to Eagle City Code, a landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The proposed landscape buffer does not meet one of the four(4)options provided for within Eagle City Code. The applicant should be required to provide a revised landscape plan showing the landscape buffer between the sidewalk and the two parking space located within the northeast corner of the site meets Eagle City Code 8-2A-7(K)(2)(a-d). The revised 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. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on December 11, 2014, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 4 to 0(Grubb,Martin, and Hash absent)to approve DR-59-14 for a design review application to construct a multi-tenant commercial building with two residential apartments for Yesterday Properties LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide an approval letter from the Eagle Fire Department approving the drive aisle widths,between this site and the sites to the east and south,to be 20-feet wide. The approval letter shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 2. Provide written approval from the property owner to the south and from the Eagle City Council allowing the removal of the two(2)parking spaces located within the northeast corner of the property located at 148 2nd Street. The written approval from the property owner and City Council shall be Page 11 of 16 K:\Planning Dept\Eagle Applications\Dr\20l4\DR-59-14 Yesterday MU Bldg drf.doc provided to staff prior to the issuance of a zoning certificate. 3. Enter into a maintenance agreement with the City for the reconstruction of the curb, gutter, and sidewalk along Idaho Street and for the landscape improvements and on-going maintenance of the landscaping located on the City's property(see landscape plan date stamped by the City on October 30, 2014). The maintenance agreement shall be reviewed and approved by the City Council and recorded in the recorder's office prior to the issuance of a zoning certificate. 4. The elevation plans, date stamped by the City on October 30, 2014, are approved. . . . . . . . . ... . . -- e- ' _ _ .. . . .. issuance of a zoning certificate. 5. Provide a revised landscape plan showing the Dwarf Globe Blue Spruce to be planted in the landscape buffer between the sidewalk and the two parking space, located within the northeast corner of the site, to be a minimum of 5-gallon at the time of planting meets Eagle City Code 8 2A 7(K)(2)(a d). The revised landscape plan shall be reviewed and approved by staff:-: • . ..- - - •- !- prior to the issuance of a zoning certificate. 6. Provide detailed elevation plans showing the height of the roof top mechanical units in relationship to the parapet walls. The detailed elevations plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 9. The applicant shall be required to comply with any applicable conditions placed on this application by 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. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 14. No signs are proposed with this application. A separate design review application(DR-60-14)has been submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 15. Provide a reciprocal cross-access agreement between this site and the sites to the east and south allowing cross-access to this site. 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 City issuing a zoning certificate for this site. 16. The 12-inch Hawthorn tree, located in the future shared driveway with the parcel to the south, is permitted to be removed based on the tree being in poor condition and undesirable. The applicant is not required to mitigate the tree on-site or to donate to the Tree Fund. 17. The site plan, date stamped by the City on October 30, 2014, showing the front setback to be 0-feet is approved. Page 12 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drf doc 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 occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed,routed, covered or changed in any way unless such obstruction,rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Page 13 of 16 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drfdoc 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 Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and Page 14 of 16 K:\Planning Dept'Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg dr£doc 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 final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules,regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 30, 2014. 2. Requests for agencies' reviews were transmitted on November 3, 2014, in accordance with the requirements of the Eagle City Code. Page 15 of 16 Kt\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 Yesterday MU Bldg drf.doc 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-59-14) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. The Board recognizes that Eagle City Code requires a certain percentage of glass on the ground floor and that the setbacks in the TDA are to be a minimum of ten (10) to a maximum of twenty five (25) feet but the Board likes the design of the building and how it fronts 2nd Street and Idaho Street and creates the streetscape that is desired in the downtown. The approval of the reduced percentage of glass is based on the design, materials, building features, and colors proposed to be used in the construction of this building providing a pleasing storefront appearance and the overall appearance of the building complies with the EASD book. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8,Chapter 2, Section 3, for the CBD(central business district)zoning district. DATED this 8th day of January 2015. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho A 1 I AL/ U QpltAp4. • Robert Gru ,Chairman * V deo I. ATTEST: 'ATE,00 ose Ilif J�� ' )r L Sharon K. Bergmann,Eagle City Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 16 of 16 K.\Planning Dept'Eagle Applications\Dr\2014\DR-54-14 Yesterday MU Bldg drf.doc