Loading...
Findings - CC - 2020 - DR-61-20 - Multi Tenant Retail-Office BldgBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MULTI - TENANT RETAIL/OFFICE BUILDING WITHIN PICCADILLY VILLAGE SUBDIVISION FOR JOYOUSLY, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-61-20 The above -entitled design review application came before the Eagle City Council for their action on November 10, 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: Joyously, LLC, represented by Jeff Hatch with Hatch Design Architecture, is requesting design review approval to construct a 5,964-square foot multi -tenant retail/office building. The 0.60-acre site is located on the southwest corner of North Echohawk Lane and East Hill Road at 57 North Echohawk Lane within Piccadilly Village Subdivision (Lot 12, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 3, 2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 25, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 9, 2001, the City Council approved the findings of fact and conclusions of law for a rezone with development agreement, conditional use permit, planned unit development, and preliminary plat for Piccadilly Village Subdivision (RZ-09-00/CU-09-00/PPUD-06-00 & PP-09-00). On April 10, 2001, the City Council approved a design review application for the common area landscaping within Piccadilly Village Subdivision (DR 54-00). On February 12, 2002, City Council approved a final development plan and final plat for Piccadilly Village Subdivision (FPUD-03-01/FP-06-01). On December 13, 2016, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD). On December 12, 2017, the City Council approved a second development agreement modification for Mark Butler (RZ-09-00 MOD2). On February 27, 2018, the City Council approved a combined preliminary/Final Plat for Piccadilly Village Subdivision No. 2, a 3-lot commercial subdivision (re -subdivision of Lot 14, Block 1, Piccadilly Village Subdivision) (PP/FP-03-17). On May 22, 2018, the Eagle City Council approved a vacation to the final plat of Piccadilly Village Subdivision to remove the 40-foot setback note on Lot 12, Block 1 (VAC-01-18). Page 1 of 14 K:\Planning Dept\Fagic Applicaticas\Dr\2020\DRfi1-20 Multi -Tenant Retail -Office Bldg ccf docx fir On June 12, 2018, the City Council approved a design review application for a childcare facility (daycare center) for John Giuliani (DR-22-18). E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Mixed Use and Scenic Corridor MU-DA-P (Mixed Use with a development agreement — PUD) Vacant lot (Piccadilly Village Subdivision) Proposed No Change No Change No Change North of site Compact R-3 (Residential with a development agreement [in lieu of a PUD]) East Hill Road, Single-family Residential (Redstone Ranch Subdivision) South of site Mixed Use and Scenic Corridor MU-DA-P (Mixed Use with a development agreement — PUD) Single-family Residential (Piccadilly Village Subdivision) East of site Mixed Use and Scenic Corridor MU-DA-P (Mixed Use with a development agreement PUD) North Echohawk Lane, Two Flex Buildings (Piccadilly Village Subdivision No. 2) West of site Mixed Use MU-DA (Mixed Use with a development agreement) South Wooddale Avenue, two office buildings (Great Sky Estates Subdivision No. 7) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk as part of Piccadilly Village Subdivision. Street trees are existing along South Wooddale Avenue, South Echohawk Way, and East Hill Road. A paved parking lot with two shared driveways is existing on the southern portion of the site. An existing retaining wall is located along the southern edge of the parking lot. Page 2 of 14 K:1Planniag Dept\Eagle Applicationa1D0.20201DR61.20 Multi -Tenant Retail -Office Bldg ccf.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.60-acres (26,136-square feet) 5,000-square feet (minimum) Percentage of Site Devoted to Building Coverage 22.8% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 27% (approximately) 10% (minimum) Number of Parking Spaces 27-parking spaces 27-parking spaces (minimum) Front Setback 75.5-feet (South) 20-feet (minimum) Rear Setback 30-feet (North) 20-feet (minimum) Side Setback 20-feet (West) 20-feet (minimum) Side Setback 21-feet (East) 20-feet (minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed multi -tenant building: 5,964-square feet Joyride Cycles tenant space 1 (east) = 3,000-square-feet Tenant space 2 (center) = 1,464-square-feet Tenant space 3 (west) = 1,500-square-feet Total = 5,964-square-feet Retail sales — 1 per 250 square feet of gross floor area = 12 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area Proposed Parking Spaces: 27 Required Parking Spaces for tenant space 1: 12 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Retail sales") Proposed Parking Spaces: 27 (with no designated uses for 2 of the 3 tenant spaces). Required Parking Spaces (estimated per use requirements in Eagle City Code): 15, for 2,964-square feet using 1 parking space per 200-square feet for clinic, emergency health care, offices (medical and dental) 12, for 2,964-square feet using 1 parking space per 250-square feet for food and beverage sales, offices; business and professional, health clubs, spas, and weight reduction salons, personal improvement, personal services, retail sales 8, for 2,964-square feet using 1 parking space per 400-square feet for catering service, home and business services, printing and blueprinting 6, for 2,964-square feet using 1 parking space per 500-square feet for communication facilities, emergency services, laboratories, nursery (plant materials), industry (research and development), retail sales (large items) Page 3 of 14 K:1Planning Dept1Eagle Appliations\Di 20201DR-61.20 Multi -Tenant Retail -Office Bldg tttdoca 3, for 2,964-square feet using 1 parking space per 1,000-square feet for artist studios 9, for 2,964--square feet using 1 parking space for each classroom but not Tess than 9 for the building 12, for 2,964-square feet using 1 parking space per 4 seats for mortuaries Specific parking requirements for tenants 2 and 3 will be determined upon review of the zoning certificate for each tenant space. L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) multi -tenant building with one (1) of the three (3) tenant spaces to be utilized as a bike shop. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 27' 6" high single -story structure. Gross Floor Area of Proposed Buildings: The proposed multi -tenant building is approximately 5,964-square feet. On and Off -Site Circulation: A 10,980-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 27-foot wide shared driveway is located on the west property line that provides access to South Wooddale Avenue. One 30-foot shared located on the east property line that provides access to South Echohawk Way. M. BUILDING DESIGN FEATURES: Proposed Building Design: Craftsman Roof: Asphalt shingles (Timberline Charcoal) Walls: Stucco (SW-7063 Nebulous White), stucco finish accent band (SW-7073 Network Gray), Windows/Doors: Bronze Anodized (Black), glass (Charcoal tinted) Fascia/Trim: 8-inch fascia with prefinished gutter (Black), metal awning (MBCI Copper Metallic), cedar pergola accent (SW-3542 Charwood Stain) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees along the perimeter of the site that will be protected and retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: There are existing street trees along South Wooddale Avenue, South Echohawk Way, and East Hill Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 5% interior landscaping is required, 13% is proposed. Page 4 of 14 K:tPlanning DepttEagle Appticationc0r12020\DR•6I.20 Multi -Tenant Retail -Office Bldg ccf.docx O. TRASH ENCLOSURES: One (1) 108-square foot trash enclosure is proposed to be located near the eastern driveway on South Wooddale Avenue. The enclosure is proposed to be constructed of split faced CMU walls, cedar wood panel gates with a bronze anodized frame; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing mechanical units that are located within the trusses, therefore, no additional screening is required. The applicant is also proposing ground mounted mechanical units located on the north and west sides of the building. The ground mounted mechanical units are proposed to be screened by landscaping. Q. OUTDOOR LIGHTING: A site photometric plan was submitted showing the illumination across the property. No parking lot lighting has been proposed. Building elevations showing lighting location, height, and style and detailed cutsheets were received by the City and comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. 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, along the perimeter of the site. 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. K:1131 ni Page5of14 plications Dr\20201DR-6I-20 Multi -Tenant Retail -Office Bldg cd.docx X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Central District Health Company Marathon Pipe Line, LLC (flca Andeavor) Eagle Fire Department Y. LETTERS FROM THE PUBLIC: None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: I. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any, that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; 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; d. Will not interfere with the visual character, quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; 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; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; 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 Will have signs, if proposed, that are harmonious with the architectural design of the building and the adjacent buildings, and will not cover or detract from desirable architectural features. Page 6 of 14 K:\Planning Dcpt\Eagle Applicationa\Dr\2020\DR-61.20 Multi -Tenant Mail -Office Bldg ccf doct 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 15, 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 use 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. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THE PROPOSAL: 2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6 acres planned for commercial buildings noted in section 2.4 (Instrument # 101099270). Permitted Uses • Horticulture(general) • Horticulture(limited) • Roadside Stand (temporary structure) • Home Occupation • Planned Unit Development • Artist Studios • Bed and Breakfast Facility • Beauty/Barber Shop • Catering Service • Childcare Facility (Daycare Center) permitted on Lot 12, Block 1, with business hours limited to 7:00 a.m. to 7:00 p.m. and with direct access to be located at Wooddale Avenue and with any access at Echohawk Lane restricted to emergency access only. • Christmas Tree Sales • Church • Clinic • Communications Facilities • Electronic Sales, Service, or Repair Shop • Emergency Services • Food and Beverage Sales • Health Clubs, Spas, Weight Reduction Salons • Home and Business Services • Laboratories • Office, Business and Professional Page7of14 KAPlanning DeptlEagle Applications\D?2020\DR.6I-20 Multi -Tenant Retail -Office Bldg ccl docx • Office, Medical and Dental • Nursing/Convalescent Home (Lot 14, Block 1 only) • Parking Lot, Parking Garage • Personal Improvement • Personal Services • Personal Wireless Facilities (Height 35-feet or Tess) • Photographic Studio • Printing and/or Blueprinting • Professional Activities • Restaurant (no drive thru, up to 2,500-square feet) (Lot 14, Block 1 only) — additional square footage may be permitted if approved in writing by the Piccadilly Village Homeowner's Association. The HOA approval shall be provided with the submittal of a design review application. • Limited Retail Sales (up to 8,400-square feet) Uses requiring a Conditional Use Permit • Flex Space • Mortuary • -Nursery, Plant Materials • -Industry Research and Development • -Research Activities • -Public Service Facilities • -School, Public or Private All commercial structures shall be limited to one (1) story in height and designed with a residential character with pitched roofs. The aesthetics and design of the commercial structures shall be reviewed and approved by the Piccadilly Village Homeowner's Associate. Written approval of the architectural design from the Piccadilly Village Subdivision Homeowner's Association shall be submitted with the design review application. C. PRELIMINARY PLAT SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None. D. 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. E. DISCUSSION: • The applicant is requesting design review approval to construct a 5,964-square foot multi -tenant retail/office building with three tenant spaces on Lot 12, Block 1, of Piccadilly Subdivision. The applicant states in the letter of explanation, "the philosophy of the project is to enhance and accent the surrounding neighborhood and surrounding context represented by use of material and form of the building. The design features woodwork, low gable roofs, covered entrances, Page 8 of 14 K:1Plenning DeptlEegle ApplicaionslDr120201DR6I-20 Multi -Tenant Retail -Office Bldg ccf docx emphasis on the horizontal, and simple details that most closely correlate with the Craftsman style." [sic] The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to 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, and 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. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • 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, if the requested design review application is approved, staff recommends the following site specific conditions of approval and 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 October 8, 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 DELLBERATION: (Granicus time 1:42:34) Upon completion of the applicant's and staffs presentations, the Board discussed during deliberation that: • The Board determined that the ground mounted mechanical units shown on the north side of the building should be relocated to not protrude onto the sidewalk and that the units be screened with evergreens or structural screening. Another option would be to move the mechanical units to the west side of the building for less exposure. • The Board discussed and concluded that the proposed building elevations should be revised to accurately reflect the backslope trellises and to show planer changes on the building utilizing columns, pop outs or additional building materials. BOARD DECISION: The Board voted 6 to 0 (Koci absent) to recommend approval of DR-61-20 for a design review application to construct a 5,964-square foot multi -tenant retaiVoffice building within Piccadilly Village Subdivision for Joyously, LLC, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated October 22, 2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on November 10, 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). Page 9 of 14 K:1Planning Dept\Eagle Applications\Dr\2020\DR-61-20 Multi -Tenant Retail -Office Bldg ccf dacx COUNCIL DECISION: The Council voted 4 to 0 to approve DR-61-20 for a design review application for a multi -tenant retail/office building within Piccadilly Village Subdivision for Joyously, LLC, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-09-00/CU-09-00/PPUD-06-00 & PP-09-00, RZ-09-00 MOD, RZ-09-00 MOD2 (and any subsequent modifications) and VAC-01-18. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 7. No signs are proposed with this application and none are approved. 8. Provide a revised landscape plan showing the electric and gas utility meters proposed on the west building elevation to be screened from view by landscaping. The revised landscape plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. 9. Provide a revised landscape plan showing the mechanical units proposed on the west building elevation or on the north building elevation without protruding onto the sidewalk. The mechanical units should be screened from view by evergreen landscaping or structural screening to match the building materials and colors. The revised landscape plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. 10. Provide revised building elevations showing a 25% planer change in the stucco and incorporate architectural features such as building relief, truss angle continuity, gable treatments, and building materials. The revised building elevations shall accurately show the backslope trellises. The revised building elevations shall be reviewed and approved by staff and two (2) members 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. Page 10 of 14 K:tPlanning Dcpt\Eagle Application..Dr120201DR61-20 Multi -Tenant Rctail-011ico Bldg atdocx 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 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 Page 11 of 14 K:1Planning DepllEagle Applicadona\Dr\20201DR-61-20 Multi -Tenant Retail -Office Bldg ccf.docx 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, 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 Page 12 of 14 K:1Wanning DeptlEsgle Applications 1Dr120201DRfi1-20 Muld-Tenant Retail -Office Bldg cef.docx 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 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-61-20) 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 building is permitted with the approval of a design review application within the MU-DA-P (Mixed Use with a development agreement — PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed multi -tenant building is designed with Page 13 of 14 K:tPlanning Dept%Eagle Applications\D, 20201DR-61-20 Multi -Tenant Retail -Office Bldg cadocx materials and colors associated with the Craftsman architectural style which 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 meets the required parking for the proposed uses; 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 buildings have been designed with quality materials that are consistent with the Craftsman architectural style and will harmonize with the existing residential subdivision in the vicinity; 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 proposed building is in conformance with the Eagle Architectural and Site Design Book and have been designed to complement the residential homes and the multi -tenant buildings in the vicinity; F. Will not obstruct s and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed buildings are in conformance with the required setbacks and height regulations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with a sidewalk that provides for pedestrian connectivity within the site; 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 residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. DATED this 10'h day of November 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Jaso i Pierce, Mayor ATTEST: a .et' EACC• ., A, Q°RAP ;able City Clerk: : L) t, sts ov Page 14 of 14 K planning Depl4Eagle Applications \Dr\2020LDR-61-20 Multi -Tenant RetaiI.Offce Bldg ccf dace