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Findings - CC - 2021 - DR-12-21 - Parkview At Heritage Mixed Use Building BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR PARKVIEW ) AT HERITAGE MIXED USE BUILDING FOR ) INVESTMENT VISIONS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-12-21 The above-entitled design review application came before the Eagle City Council for their action on April 27, 2021. 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: Investment Visions, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture, is requesting design review approval for a 6,929-square foot, two-story, mixed use building (two residential units and two commercial units)for Parkview at Heritage mixed use building.The 0.17-acre site is located on the west side of South 2nd Street approximately 155-feet south of East State Street at 65 South 2nd Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 16, 2021. Supplemental information (justification letter, solar study)was received on April 1, 2021. C. NOTICE OF AGENCIES' REVIEW: • Requests for agencies' reviews were transmitted on March 18, 2021, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 14, 2007, the City Council approved a design review application for a multi-tenant retail/office/residential building(DR-46-07). This application has expired. On October 26,2007,the City Council approved a design review application for a master sign plan for a multi-tenant retail/office/residential building(DR-47-07). This application has expired. On October 14, 2008, the City approved an extension of time application for a multi-tenant retail/office/residential building(EXT-16-08). On October 19, 2009, the City approved an extension of time application for a multi-tenant retail/office/residential building(EXT-18-09). On October 20, 2010, the City approved an extension of time application for a multi-tenant retail/office/residential building(EXT-09-10). E. COMPANION APPLICATIONS: DR-13-21 (master sign plan). Page 1 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Two-Family Dwelling District) Proposed No Change No Change Mixed-Use Building(two residential units/two commercial units) North of site Public/Semi-Public CBD(Central Business Heritage Park District) South of site Downtown R-4(Residential) Two-Family Dwelling East of site Downtown R-12 (Residential) Apartment Complex West of site Downtown R-4 (Residential) Two-Family Dwelling H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site has an existing two-family dwelling,a 10-foot wide sidewalk adjacent to South 2nd Street with one street tree and a historic streetlight. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.17-acres(7,405-square feet) 500-square feet(minimum) Percentage of Site Devoted 49%(approximately) 40%(minimum)to 95% to Building Coverage (maximum) Percentage of Site Devoted 16%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 12-parking spaces(including two,2-car 9-parking spaces(minimum) garages and 2-onstreet parking spaces) Front Setback(East) 0-feet 0-feet(minimum)to 10-feet (maximum) Rear Setback(West) 26-feet 0-feet(minimum) Side Setback(North) 8-feet 0-feet(minimum) Side Setback(South) 0.5-feet 0-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Apartments or multi-family dwellings: 5,107-square feet Apartments or multi-family dwellings—For each unit with 2 or more bedrooms—2 including 1 covered; 0.25-spaces per unit for guest parking=4.5-parking spaces(including 2-covered parking spaces) Page 2 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx Gross Floor Area of Proposed Commercial: 1,822-square feet 4 parking spaces(1,822-square feet using 1-parking space per 250-square feet of gross floor area). This is an estimate—final parking calculation to be completed with review of zoning permit upon determination of use. Uses identified in ECC Section 8-2-3 are allowed,however,all uses will be required to meet the minimum parking requirements noted in ECC Section 8-4-5. This includes 50%reduction per ECC Section 8-4-5. Proposed Parking Spaces: 12 (including 4 covered parking spaces and 2-on-street parking spaces) Required Parking Spaces: 9* (including 4-covered parking spaces) *The required parking spaces reflect a reduction by 50% for all nonresidential uses located within the DDA. L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as one office, business and professional/retail sales and two residential units. Height and Number of Stories of Proposed Buildings: 36' 6"high,two-story Gross Floor Area of Proposed Buildings: 6,929-square feet(1,822-square foot commercial space, 5,107-square foot residential units) On and Off-Site Circulation: A 2,357-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 24-foot wide shared driveway is located on the north property line and provides access to the alley which connects to South 2nd Street. M. BUILDING DESIGN FEATURES: Proposed Building Design: Craftsman,Italianate Roof: Composition Shingle(Barkwood), Single ply membrane(White) Walls: Fiber Cement Board (Summer Wheat), Stucco (Snow White, Rockport Gray), Brick veneer (Ashland) Windows/Doors: Aluminum (Statuary Bronze) Fascia/Trim: Fiber Cement Board(Statuary Bronze,Gray Mountain,Middlebury Brown) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There is one existing Maple tree 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 is one existing tree adjacent to South 2nd Street and one proposed adjacent to South 2nd Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Page 3 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 0% interior landscaping is required, 3.5% is proposed. O. TRASH ENCLOSURES: The trash bins will be screened from view by being located within the storage room(commercial)and garages(residential). P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan,date stamped by the City on March 16, 2021, showing location, height, and wattage and detailed cutsheets have been received. Wall light"W-2"does not specify the Kelvin associated with the LED lighting. The applicant will be required to provide a revised cutsheet showing wall light"W-2"with Kelvin up to a maximum of 3000K. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-13-21)has been submitted for the approval of the master sign plan for the proposed on this building and on the site. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Eagle Water Company service area and within the boundaries of the Eagle Sewer District. 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—yes, 500-year Mature Trees—yes, one street tree adjacent to South 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 W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. Page 4 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Eagle Fire Department Historic Preservation Commission Marathon Pipeline Y. LETTERS FROM THE PUBLIC: None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. 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 5 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx 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: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core.A variety of business, public, quasi-public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, commercial and Professional Office. 6.17.3 Olde Towne Planning Area Olde Towne Eagle should maintain the quaint feel of a traditional town center; as the active community center and community gathering place for the City. The character of Olde Towne is generally defined by its pedestrian-scale(attached sidewalks,store fronts with large windows at the sidewalk,and open space amenities),ensuring context sensitive design complementing the most significant historic structures.A traditional mix of retail,residential,office,and public uses is to be maintained. State Street should be the focus for the highest intensity of uses in the area(See Figure 6.21). Map 6 23 Oide Towne Planning Area at i:Atitp.',,,,Vriiiriat417t 17" l I < r a city of Eagle �# old Tower Ptoauid Area 1 I — - r— ;�„ALr tea � � IMIF .' ifot llt` LP p-C 2"11 i; tar Met t44.1. _. • _ l3 Page 6 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx Figure 6,21:Olde Towne Land Uses General Guide to Old Towne to Land Use Mixture RRataii ;A�sgrt, RimideMial High Minsk i ,_ Nifilh Dons* Employment Stertss Limamiwomuon Cenral Commarcialik iladlumNigh ReEi krs DewRaefdnllfm 30,000-t 50.000 Sg R 8-72 Umts per acre ... Mix"d s 1l� 4 Stnnrs Ya�uleetlat»ily 10.00F60.000 Sgrt 4-1 Units per acre Local Low Dimity Low Dimity upd// R � Itesoin 2-3 Stones Mai Rosidendal Niche Market ;,4 Units per 4,a The highlighted uses above represent the combined uses that are appropriate in the Old Towne Area. Specific applicability will be dependent upon the nnicture of uses identified in the subareatext of this plan. The paatial inclusion of a land use indicates a kmeed potential/opportunity for that fend use in the area. A.Enhance Olde Towne's visibility and its iconic imagery as the heart of the City, it is important that Old Towne be easily identified and leave a very positive impression on everyone who sees it. It should look like a place in which one wants to explore, linger,work, and live. C. Special care should be taken to ensure that buildings adjacent to the park do not wall in the park and make it a dark shadowed area. When feasible, buildings adjacent to the park should be designed to open up to the park and include stepped back facades and the use of terraces. F. Development surrounding the park should be designed to capitalize and incorporate the scenic qualities of the park. G.Design new buildings to punctuate the fabric of downtown with towers, grand entrances, and special roof forms that emphasize the character of the Old Towne. H. Land uses in the Olde Towne area should promote mixed use with retail and commercial on the first floor and office and residential uses on upper floors. I. Overall,buildings in the Olde Towne should be scaled to fit the historic development patterns in the area with narrow building widths, store fronts up to the sidewalk, large first floor windows and multiple attached buildings on a single block. L. Promote Olde Towne as a place to live by entitling most property in the Olde Towne for housing (upper levels only). N. Whenever reasonable,the use of alleys,cross access easements,and rear service drives should be incorporated to separate pedestrians from vehicles as well as to allow services, such as garbage and deliveries,to occur where they will not cause additional congestion,conflicts,or interfere with the livability of the area. O.In the Olde Towne area,all buildings should be designed have a presence on the street level including amenities that invites patrons and residents into the building(See Figure 6.23). Page 7 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx Figure 6.23:Pedestrian Amenities&Streetscape Features .. . � ' i_s... t�; s, r �- 1 dia X. Establish unique design criteria for the Olde Towne Area that complements the historic character of the area. Y. Incorporate design elements from landmark buildings such as the Eagle Bank and the Eagle Hotel, into the design and redevelopment of the Olde Towne Area including: Separated horizontal articulation and element changes, system of proportions opens up possibilities to new designs while maintaining cohesiveness, separated horizontal articulation and material changes,tripartite façade(See Figure 6.25), and 20-foot high commercial lower band. Figure 6.25: Architectural Styles Complementary to Olde Towne I. � "y.4x11d}XAAitAA41dY e i Z. Encourage the use of terraced(stepped back)vertical mixed-use buildings that allow for office, commercial,retail,and residential within a single building while reducing/avoiding a monolithic building wall along the street and sidewalk plane(See Figure 6.26). Page 8 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-2I Parkview at Heritage Mixed Use Bldg ccf docx Figure 6.26: Examples of Terraced Building Design MP.' i. in -- �' ,� . RtYifOUiee Von en IMMO AA. Encourage the development of a sculpted sky line that increases building heights at the interior of blocks while stepping down building heights as they approach the traditional single-family areas at the north and west of the area.(See Figure 6.27) Figure 6.27: Example of a sculpted skyline between Aikens Street and Idaho Street in Olde Towne Building height and use transitions Live/Work Mixed Use Raised green areas with Civic Market. \ Heritage Park parking below Rowhouses / [...;. .Wm.Sann al. .u,.4.w. ,10... tam.Mi ' live/Work; la Cnoirttero[et.: Raw Hattsest 3 entry hlwoege,reagent nul.�d ° 3.kx Wuctuaa,.few�irnd.6t eat- 2-3 fiery eieole bat w batty wbt. d ,,� th:rt. pp coartusurciai gm kite,And Roc,wit., -. level"endows l ono mice con ar-very ended alderentYeke.BulkInon '.,m. - eying above.M ll cuatohenty ha. 0 a.m.a mepedy d Ilia building Roca Nam vaned beagle,!.•',meth narrow the i ear'nse erttnan al the MeeBuilding.itl e..e.�ey incl ad.tea.ne r des t 15-2 710.1i and parkin,ar e.. wuatWea 54.36aaa13np_ rear inallow*or on the Ira Boor. ' e 4 MlxeO Use: --- — Multi-Fe m1Ty: 3e Oary bu110n30'Mth WOOaMGI 23343 retell anti¢ni,,tiara anitw.er eon ee Tk,erbald, £s 2d glory2.4.ngait.,earth Dummuttan tow rape w:liun a dnrli.t,uildng n.�gn r.>i.,,.. .,, a wilt hl apereleiremtIleac tea'with laryu.in. 4.L g, may teeluds ra0er3t3 melee+Itenor •`1 3xva Yawl Ali fi.N.9a bail 4 ov aldWatea A w th '.. eoertryfb,.rd varyen9 arc^atectutal ce- .,a tiara',rent eearoek 3 that create panel.ete123, a ta,taeMnwy+tr.% '"' CC.Promote zero lot line development bringing buildings together to form continuous store frontages within a block. Page 9 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccfdocx Figure 6.28:Housing Styles in Olde Towne Eagle Live/Work: w.:w "�'"'"'" 3 Sorr bpilrlirg.trident o m ud comm=_re al)n the first Hnor.sithL'irgahe.a 5.illcnstcmaril-ha:-eserace r eatcies in.tba lack. .....704 amimilammimmi Mixed Gs e: 3-3 star!;hniidings sstth resid:entialab Ore retail and of- fice uses an lov+z r boors These bnildmg>s,tll Dawn a s vo,ninent£ tfaormoth large uindow and uillinelude 0baiklirn mul d ,Liana+.-ikh+-ana raft... d front as .it 6at,so- a} .#p_, .�/#■¢"' ate fades plans,and padactnan amanita:.,fast.--•t^"%'_"a - Row House: o-g dart'amringla eamilr bxrnoe with sra axe vary limaind ada nitk ...ark Sr+ldi+cge hava+.Quill haightserith narroe a 1xw.dtht'(sa-an feet}and parking xttau rear in agar r ate or m flu first.Hoc r. iA 1 i' rr- . i 4 " Multi-Famiiy: °" 2-3 nor,baildirg rith reullple limn;units'signs a uu- glthaildine. Deaga featuresmat include separateen- *2., fi fries,inleriorcentards and re nine arebita taralda- i tadsfhrm ibaot iii ti s a B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits,and any land annexed into the city after the date of adoption hereof. Such development includes,but is not limited to,new commercial, industrial, institutional, office,multi-family residential projects, signs,common areas, subdivision signage, proposed conversions,proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing,exterior restoration, and enlargement or expansion of existing buildings, signs or sites,and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-3: Effects of Other Provisions: If any provision of this article is found to be in conflict with any other provision of any Zoning, Building,Fire Safety or Health Ordinance or other provision of this Code,the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the City Council may,at their discretion, suspend or relax some or all requirements Page 10 of 26 K:\Planning Dept'Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx found in this article, if the City Council determines a particular site, setting,or use to have special and/or unique circumstances to warrant an exception to the requirements. • Eagle City Code Section 8-2A-6: Design Requirements, Objectives and Considerations: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, CEDA, and DSDA.Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and,to the extent there is a conflict with this section,the requirements for the DDA, TDA, CEDA,and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the Design Review Board. The objectives are separated into two(2)sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors,and whether, aesthetically,the composition, materials,textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 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; 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); B. Architectural Requirements,Building Materials,Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed.If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator,the design review board, and the city council,whichever the case may be,to determine the appropriateness of such material. 1. Exterior walls and soffits: a. Wood: cedar(clear)and redwood(clear)- architectural/premium 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. b. Fiber cement; c. Masonite: horizontal lap only,maximum six inch(6")reveal; d. Vinyl: 0.46 millimeter minimum thickness, integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; Page 11 of 26 K:\Planning Dept\Fagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx g. Masonry: brick, natural rock/stone, synthetic stone,decorative block. Smooth face block for accent only,ten percent(10%)maximum wall coverage(per each facade); h. Stucco: Twenty five percent(25%)planer change required,additional accents shall be incorporated through the use of other material(s); i. EIFS: Permitted for accent only,ten percent(10%)maximum wall coverage(per each facade). Additional accents required through the use of other materials; j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns; 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. C. Downtown Development Area: DDA shown on exhibit A-1 within the EASD book. 1. Purpose: To provide a compact downtown business center supported by the comprehensive goals of the city. 2. Architectural Character: b. Ground Floor Requirements: The ground floor(street level)of new buildings shall accommodate pedestrian friendly elements. The design should accommodate a variety of potential uses that may not be contemplated at the time of construction. Examples include: specialty retail, grocery,drugstore, shoe repair,dry cleaning, florist shop,department store, hardware store, other personal services,restaurant or theater or financial services or a parking garage.Any use must meet the requirements set forth in section 8-2-3 of this chapter. c. Other Floor Options: The design should accommodate the ground floor uses as listed in subsection C2b of this section including residential use.Any use must meet the requirements set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a permitted use.For the purposes of this section a single apartment unit or multiple apartment units may be permitted. h. Building Entries: Building entries facing a street shall be recessed a minimum of four feet(4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review board and city council. G. Streetscape: Streetscape improvements are to include street trees, streetlights,pedestrian lighting,bollards,public art,kiosks and furnishings. The scope of streetscape design and number of amenities vary within the different overlay districts of the city.In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience Page 12 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx and to further encourage the health of the business community. Examples of streetscape design and amenities are shown within the EASD book. At a minimum,the following specific streetscape criteria shall apply: 12. Sidewalks within the DDA shall be a minimum of ten feet(10')wide and shall abut the curb. Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,consisting of smooth concrete and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction.A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet(6')in width. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: J. Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space(land)and vertical elements(plants,berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 2. Minimum Requirements: a. When a commercial or industrial use abuts a residential use,a ten foot(10')wide by six foot(6')high landscaped buffer is required. 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. K.Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges,berms, and landscaping may be used to screen parking areas(chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When Page 13 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx parking lots occur on sloping terrain,step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings,which creates a pleasing, harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot(10')wide landscaped strip between the right of way and the parking lot,and plant with a minimum of one shade tree and ten(10) shrubs per thirty five(35) linear feet of frontage,excluding driveway openings. b. Provide an earth berm of thirty inches(30")minimum height(do not exceed 3:1 slope) within a ten foot(10')wide landscaped strip between the right of way and the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35) linear feet of frontage,excluding driveway openings. c. Provide a six foot(6') landscaped strip with a minimum thirty inch(30")grade drop from the right of way to the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of frontage, excluding driveway openings. d. Provide a three foot(3')high fence of wood,brick, stone, or decorative block or concrete along with a four foot(4')wide landscaped strip between the right of way and the parking lot,and plant a minimum of one shade tree and five(5)shrubs per thirty five(35) linear feet of frontage, excluding driveway openings. (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. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two(2)adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five(5) shrubs per thirty five(35)linear feet of perimeter. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. Page 14 of 26 K:\Planning Dept\Bagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx 3. Except as noted in subsection A4 of this section,all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light(including the lamp and any nonopaque material/lens covering the lamp)shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture(as identified in the EASD book)are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED(or approved equivalent)and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet(20')for parking lots with less than two hundred(200)spaces; b. Twenty five feet(25')for parking lots with more than two hundred(200)spaces but less than five hundred(500)spaces; c. Thirty feet(30')for parking lots with more than five hundred(500) spaces; d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty (250)watt maximum high pressure sodium lights, 3000K maximum LED lights(or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty(320)watts. b. The light fixture shall be no higher than seventeen feet(17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture(as identified in the EASD book) shall not be permitted to have metal halide lighting. 8. Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way,required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. Page 15 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx C. DISCUSSION: • The applicant is requesting design review approval for a 6,929-square foot two-story,mixed use building(two residential units and two commercial units). The applicant's justification letter states that the building is designed to meet a combination of Craftsman and Italianate architectural styles which are two of the architectural styles within the Eagle Architecture and Site Design book. The justification letter also states the building was designed to address the park with scale,massing, and orientation and the north facing gable forms and terraced decks along with the existing park trees soften the physical impact a structure on this site may have on the park. Staff defers comment regarding the building design and colors to the Design Review Board. The proposed building has been 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 is to 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. • Eagle City Code Section 8-2A-3 states in part,"...in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the City Council may, at their discretion, suspend or relax some or all requirements found in this article if the City Council determines a particular site, setting,or use to have special and/or unique circumstances to warrant an exception to the requirements."The discussion items below(identified with ➢) identify DDA(Downtown Development Area)City Code provisions and other provisions within 8-2A from which the applicant is seeking relief. The applicant is requesting an exception to these requirements to foster redevelopment of this site. ➢ Per Eagle City Code Section 8-2A-6(C)(2)(h),all buildings within the DDA require the building entrance facing a street to be recessed four feet. Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the Design Review Board and City Council. The building entries on the north and east sides of the building have canopies over them that extend from the building 4-feet. ➢ Per Eagle City Code Section 8-2A-7(K)(2), a landscape strip is required to be provided between the parking lot and adjacent public right-of-way utilizing one of the four options identified(a-d). The landscape plan shows a 5-foot wide landscape strip located along the north property line adjacent to the parking spaces planted with one shade tree,nine shrubs, and three boulders,however,the landscaping does not meet one of the four options. Based on the width of the landscape strip, it appears the applicant is proposing option D. Option D requires a 3-foot tall fence along with a 4-foot wide landscape strip planted with a minimum of one shade tree and five shrubs per 35-feet. This option also states the Board may waive the requirement for the fence if the Board finds the design at the time of planting results in an effective barrier to shield the view of cars from the passing pedestrians and motorists and the design is compatible with the overall site design and surrounding areas. ➢ Pursuant to Eagle City Code Section 8-2A-7)(J)(2)(b),a 5-foot wide by 6-foot high landscape buffer is required between the parking lot and residential activity. The buffer is required to have a minimum of 60-percent evergreen plant material. Pursuant to Eagle City Code Section 8-2A-7(K)(3)(a), a 5-foot wide landscape strip planted with one tree and five shrubs per 35- feet is required between the property line and parking lot. The site and landscape plan show a 5' 6"wide landscape area between the parking lot and the west property line planted with three Norway Maple trees,three Rose of Sharon shrubs, and twelve Knock Out Shrub Rose plants. Page 16 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx ➢ Pursuant to Eagle City Code Section 8-2A-7(J)(2)(a-b), a 10-foot wide by 6-foot high buffer is required between a commercial and residential use and a 5-foot wide by 6-foot high buffer is required between a parking lot and residential use. The buffer areas are required to be a mix of evergreen and deciduous trees, shrubs, ground cover and have a minimum of 60- percent evergreen plant material. The site and landscape plan show a 3-foot wide landscape area along portions of the building between the building and property to the south and a 6- foot vinyl fence along the south property line between the parking lot and property to the south. - — f BIKE RACK BY ARCH 1 L1 1 (3)7 DA BASALT BOULDERS /'CONCRETE PATIO ALLE .. - — 74CA alec I 3 IHH I 3 G0. � ®o#I O ..... . ... _ �yi� — -— J mac - 1 „ 1 _ � ' 31FF , '�' i I 'ter '. I . , , \ , ,,, 0 — - — A -4_, 1 L _J 11 . �� t' w. .„. 17CCMM ,i RR L+ r— eh ----- I :` .- F. 1 40k BUILDING l lb ,l PARKING �I yl I i , ,�,r — Ag� COORDINATE EXISTING LAWN AREA WITH NEW 1 - .. PLAN INGSNTtEFELD-ADJUST PLANT PROPOSED �' � 2 /� LOCATIONS AND IRRIGATION AS NECESSARY. — —0 ` COORDINATE WRH OWNERS. .- u., is ;` �� BUILDING ) ' 1 I HI Ll' Mir ����'`l� s EF &t11; s7/77 ( -� r,<, J701 5'wi by 6'hi h buAffer required 17f'Wrdq b6 h y igh er required 6-FOOT SOLID TAN VINYL FENCE. 5 �COORDNATE EXISTING LAWN AREA WITH NEW)) _ COORDNATE LOCATION WITH PLANTINGS IN THE FIELD.ADJUST PLANT OWNER LI.I LOCATIONS AND IRRIGATION AS NECESSARY. COORDINATE WITH OWNERS. • The site and landscape plan shows there is above ground utilities going to the existing building. Pursuant to Eagle City Code Section 8-2A-6(A)(5), all utilities are required to be installed underground. The applicant should be required to provide a revised site plan showing the above ground utilities serving this site to be installed underground when the new building is constructed. The site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The roof plan shows the location of the rooftop mechanical units,however, a cross section of the roof showing the units screened from view was not received. Pursuant to Eagle City Code Section 8-2A-6(A)(5)(5), all rooftop mechanical units are required to required to be completed screened from view at eye level by the parapet wall. The applicant should be required to provide a cross section of the roof showing the mechanical units screen at eye level by the parapet walls. The cross section should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 17 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx • The site and landscape plan show a 6-foot tall tan vinyl fence located along a portion of the southern property line. Pursuant to Eagle City Code Section 8-2A6(B)(3)(d),vinyl fencing may be permitted if the City determines that the fence style is complementary to the building architecture and overall site design. Staff defers comment regarding the vinyl fencing to the Design Review Board. • The site currently has an existing 10-foot wide concrete sidewalk with one street tree and one historical light. The landscape plan shows the existing sidewalk replaced with a new sidewalk that appears to match the sidewalk design for the Aikens Street extension project(a joint Ada County Highway District and City of Eagle project). Per Eagle City Code Section 8-2A-6(G)(12), sidewalks within the DDA are required to be a minimum of 10-feet wide,abut the curb,and match the sidewalk exhibit within the EASD book. The EASD book has not been updated with the new sidewalk design. Approved Sidewalk Design (for use on the Aikens Street extension project anticipated for construction in 2023) m , Alaism/ 1 _. i a„% �� ems: a, i_ vn MI L 111111FAL — ,0"It IlMir Figure 1 Existing Sidewalk 2"Street Figure 2 Figure 1 above shows the approved sidewalk design for the Aikens Street project which is a 10- foot wide sidewalk and includes a combination of pavers and gray concrete.Figure 2 shows the existing sidewalk. The applicant should be required to provide a revised landscape plan showing the details of the sidewalk to match the approved sidewalk design for the Aikens Street project, including paver design,tree installation,etc. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 18 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx • The building elevations show railings on the second story patio for the residential units,however, no materials or colors are called out. The applicant should be required to provide revised building elevations showing the material and color of the railings. The revised building elevations should be reviewed and approved by staff prior to the issuance of zoning certificate. • The landscape plan shows landscaping along the south property line that is located on the adjacent property.The applicant should be required to provide a revised landscape plan removing the landscaping shown on the adjacent property or provide a copy of the agreement with the adjacent property owner allowing the landscaping to be planted on their site. The revised landscape plan or agreement should 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 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 April 8, 2021, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 2:23:28) Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed building design, materials, and colors with the addition of site specific condition 21 to address adding architectural interest on the south building elevation. • The Board is in favor of approving the landscape buffer between the parking lot and right of way as proposed by the applicant[which complies with ECC 8-2A-7(K)(2)(d)]with the proposed tree changed to a columnar tree. • The Board is in favor of the canopies over the building entrances in lieu of have a recessed entry. • Pursuant to Eagle City Code Section 8-2A-3,the Board is in favor of: o Approving the landscape buffer between the parking lot and west property line as proposed by the applicant with the addition of 25%evergreen plant material. o Approving a reduced buffer between the parking lot,building,and south property line as proposed by the applicant with the proposed vinyl fence color changed to a color that better compliments the building. BOARD DECISION: The Board voted 5 to 0(Lindgren abstained)to recommend approval of DR-12-21 for a design review application for a 6,929-square foot,two-story,mixed use building(two residential and two commercial units)for Parkview at Heritage mixed use building for Investment Visions,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 April 22,2021. Page 19 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccfdocx PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on April 27, 2021, 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-12-21 for a design review application for a 6,929-square foot, two-story,mixed use building(two residential and two commercial units)for Parkview at Heritage mixed use building for Investment Visions,LLC,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide a revised site plan showing the above ground utilities serving this site to be installed underground when the new building is constructed. The site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 2. Provide a revised detailed cutsheet for wall light"W-2"showing the LED lighting to be a maximum of 3000 Kelvin. The revised detailed cutsheet shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Provide revised building elevations showing the material and color of the railings. The revised building elevations shall be reviewed and approved by staff prior to the issuance of zoning certificate. 4. Provide a revised landscape plan removing the landscaping shown on the adjacent property or provide a copy of the agreement with the adjacent property owner allowing the landscaping to be planted on their site. The revised landscape plan or agreement shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing the details of the sidewalk to match the approved sidewalk design for the Aikens Street project and show how the trees are planted within the streetscape(i.e. silva cells or propose another option for planting the trees). 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. 6. All existing chain link fencing on the site shall be removed prior to issuance of a Certificate of Occupancy. 7. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. Page 20 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx 13. No signs are proposed with this application and none are approved. If the City Council approves the site plan as proposed as permitted by Eagle City Code Section 8-2A-3,site specific conditions of approval 14 through 16,below are not required. 14. Provide a revised landscape plan showing the tree proposed within the landscape strip between the right of way and parking lot along the north property line to be a taller columnar tree. 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. 15. Provide a revised landscape plan showing the 6-foot tall vinyl fence along the south property line to be a warmer color that complements the building or another fence material that complements the building. 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. 16. Provide a revised landscape plan showing the landscape buffer between the parking lot and west property line to have a minimum of 25-percent evergreen plant material that is a minimum of 4-feet tall at the time of planting.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. 17. Provide a revised landscape plan including a note that if the existing street tree adjacent to South 2nd Street dies during construction,the applicant should be required to plant 3"caliper street trees adjacent to South 2nd Street to mitigate for the tree. 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. 18. Provide a cross section of the roof showing the mechanical units screened at eye level by the parapet walls. The cross section should be reviewed and approved by staff prior to the issuance of a zoning certificate. 19. Provide detailed building elevations showing all materials and colors of the windowsills. The detailed building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 20. Provide a photometric plan for the proposed building and site lighting that provides lighting to the parking lot area west of the building. The photometric plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 21. Provide a revised building elevation showing the addition of architectural elements,changes in stucco color,or green screens to break up the stucco wall on the south building elevations.The revised building elevation 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. Page 21 of 26 K:\Planning Dept\Eagle Applications\Dr\202I\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf.docx 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 22 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use 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 23 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf 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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and 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 changes 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-12-21) 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 mixed use building is permitted with the approval of a design review application within the CBD(Central Business District)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 building is designed with materials and Page 24 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx colors associated with the Craftsman and Italianate architectural style and have been designed with materials utilized in the design of buildings in the 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 parking on-site meets the required parking for a mixed use building; 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 building utilizes materials consistent with other building 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 will complement building 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 building height complies with 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 sidewalks adjacent to South 2"Street and the alley to the north; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the proposed building has been designed with sidewalks adjacent to South 2nd Street and the alley to the north to provide walkability to other sites with the downtown; and I. No signs are proposed with this application.A separate design review application(DR-13-21)has been submitted for the master sign plan criteria for the building 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. In accordance with Eagle City Code Section 8-2A-3, the Council concludes that the following City code requirements are suspended/relaxed and such exceptions will not change the essential character of the area for the reasons identified below: • ECC 8-2A-7(K)(2) Buffer between Parking Lot and R-O-W— The proposed buffer between the parking lot and R-O-W along the north property line is approved with the modification to the proposed tree. The applicant is proposing shrubs, boulders, and a tree within the buffer to provide screening of the cars in the parking lot from the R-O-W. • ECC 8-2A-7(J)(2)(b)Buffer between Parking Lot and Residential Activity—The proposed buffer between the parking lot and west property line is approved with the addition of 25% evergreen plant material to buffer the parking lot from the residential activity. • ECC 8-2A-7(J)(2)(a-b) Buffer between Parking Lot/Building and Residential Activity — The proposed buffer (fencing) between the parking lot and residential activity (south) and no buffer between the building and residential activity (south) is approved. The site is located within the Downtown Development Area(DDA)which allows for 0-foot setbacks. Page 25 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccfdocx DATED this 27th day of April 2021. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho ason 'fierce,Mayor ATTEST: Aso,,,,,,,,,, ••.••',.t'SI OP F Tracy E. rn, age City Clerk : * ; 9� "6•gab • • • i tP�•�e4 Eq L : * 'I •••••••• h Op ID aN' •••,,,„,,,,,F.. Page 26 of 26 K:\Planning Dept\Eagle Applications\Dr\2021\DR-12-21 Parkview at Heritage Mixed Use Bldg ccf docx