Findings - DR - 2016 - DR-17-16 - Restaurant W/Drive Thru For Starbucks The Charter School FundBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A RESTAURANT WITH ) DRIVE- THROUGH FOR STARBUCKS THE ) CHARTER SCHOOL FUND — ORO VALLEY LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -17 -16 The above - entitled design review application came before the Eagle Design Review Board for their action on March 24, 2016. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: The Charter School Fund — Oro Valley LLC, represented by John Day with Radix Construction, is requesting design review approval to construct a 2,180- square foot restaurant with drive - through for Starbucks. The 0.49 -acre site is located on the southeast corner of State Highway 44 and South Edgewood Lane within Tennis Center Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 18, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 25, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 22, 2007, the City Council approved an annexation and rezone from RUT (Rural Urban Transition — Ada County designation) and MU (Mixed Use) to MU -DA (Mixed Use with Development Agreement) for Cornerstone Group, LLC (A- 18- 06/RZ- 24 -06). On July 24, 2007, the City Council approved a preliminary plat for Eagle Gateway South Subdivision for Cornerstone Group, LLC (PP- 21 -06). On October 16, 2007, the City Council approved a design review for the common area landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC (DR- 33 -07). On June 10, 2008, the City Council approved a modification to the development agreement to change a "Hotel" use (shown as "C" conditional use under the MU zoning designation within Eagle City Code Section 8 -2 -3 "Official Schedule of District Regulations ") to a permitted use on the property associated with Eagle Gateway Subdivision for Eagle Gateway South, LLC (RZ -24 -06 MOD). On September 23, 2008, the City Council approved a modification to the development agreement and associated exhibits within the development agreement to allow for an overall building height of 39- feet, decorative parapet walls of 46 -feet, entrance parapet height of 48 -feet, and an entryway feature height of 58 -feet. The modification also approved a digital reader board not to exceed two hundred square (200) feet (RZ -24 -06 MOD2). On July 28, 2008, the City Council approved a parcel division for Cornerstone Group, LLC (PD -02- Page 1 of 13 KAPlanning Dept\Eagle ApplicationADt12016OR -17 -16 Starbucks in ETC drf.docx 08). On September 23, 2008, the City Council approved a modification to the development agreement for a building height exception and allow for a digital reader board associated with a movie theater (RZ -24- 06 MOD2). On October 7, 2008, the City Council approved a design review application for a movie theater for Riverwood Cinemas for Ogden Entertainment (DR- 54 -08). On June 25, 2013, the City Council approved a modification to the development agreement and associated exhibits within the development agreement to allow for a Commercial Entertainment Facility (Tennis and outdoor recreational facility), Nursing/Convalescent Home, and a building height exception for the tennis facility not to exceed 45 -feet in height and a height exception for a hotel to not exceed 60 -feet in height (RZ -24 -06 MOD3). On June 27, 2013, the Design Review Board approved a design review application for a commercial entertainment facility for the Eagle Tennis Facility (DR- 19 -13). On January 9, 2014, the Design Review Board remanded the design review application to modify a commercial entertainment facility for the Eagle Tennis Facility to staff (DR -19 -13 MOD). On January 28, 2014, the City Council approved a preliminary plat application for Tennis Club Plaza Subdivision (PP- 13 -13). On March 27, 2014, the Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility (DR -19 -13 MOD2). On June 25, 2015, the Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility (DR -19 -13 MOD3). On July 14, 2015, the City Council approved a final plat application for Tennis Club Plaza Subdivision No. 1 (FP- 17 -14). E. COMPANION APPLICATIONS: None Page 2 of 13 KAPlanning DeptTagle App1ications\DA2016\DR -17 -16 Starbucks in ETC drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. I. SITE DATE: SITE DATA COMP PLAN ZONING LAND USE 0.49 -acres (21,300- square feet) DESIGNATION DESIGNATION 10% (approximately) Existing Mixed Use MU -DA Vacant parcel Proposed No Change No Change Restaurant with Drive - 68 -feet 0 -feet (minimum)* Rear Setback (North) though North of site Commercial & Mixed C -2 -DA (Commercial- Pending Commercial (East Side Setback (East) Use General Business with a End Marketplace) Development Agreement) MU -DA (Mixed Use with a Development Agreement) South of site Mixed Use MU -DA (Mixed Use with a Single - Family Residential Development Agreement) East of site Mixed Use MU (Mixed Use) Ancona Business Park West of site Mixed Use MU -DA (Mixed Use with a Lonesome Dove Development Agreement) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. I. SITE DATE: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.49 -acres (21,300- square feet) 0.11 -acres (5000- square feet) (minimum) Percentage of Site Devoted to Building Coverage 10% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 43% (approximately) 10% (minimum) Number of Parking Spaces 15- parking spaces 15- parking spaces (minimum) Front Setback (South) 68 -feet 0 -feet (minimum)* Rear Setback (North) 58 -feet 20 -feet (minimum) Side Setback (West) 28 -feet 20 -feet (minimum) Side Setback (East) 37 -feet 0 -feet (minimum)* `Note: Setbacks pursuant to the development agreement. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Page 3 of 13 KAPlanning DeptEagle ApplicationADt12016DR -17 -16 Starbucks in ETC drf.docx The applicant is proposing to construct one (1) building to be utilized as a restaurant with drive - through. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty -one foot (21') high single -story structure. Gross Floor Area of Proposed Buildings: The proposed restaurant is approximately 2,180- square feet. On and Off -Site Circulation: A 4,838 - square foot (approximately) paved parking lot provides parking for vehicles using this site. Access to the site will be provided throughout the development of Tennis Club Plaza from East Riverside Drive. K. BUILDING DESIGN FEATURES: Roof: Membrane roof (grey) Walls: Reclaimed barn wood siding (multi - colored), Split face CMU (mojave), Stucco (fiery brown, requisite gray) Windows/Doors: Aluminum Store front (anodized bronze) Fascia/Trim: Metal coping (colonial red) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: Street trees are proposed throughout the development. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed on the north and west. No landscaping is proposed on the south and east property lines of this site in order to provide cross access and parking between this property and the properties to the south and east. b. Interior Landscaping: 5% interior landscaping is required, 9% is proposed. M. TRASH ENCLOSURES: One 250- square foot trash enclosure area is proposed to be located at the northern most end of the parking area for this site. The enclosure is proposed to be constructed of CMU walls with a metal gates; all of which the materials and colors will match that used in the construction of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units that are to be screened from view by the parapet walls. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. Page 4 of 13 KAPlanning Dept\Eagle ApplicatioriADA2016MR -17 -16 Starbucks in ETC drf.docx P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Central District Health has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (adopted August 25, 2009) designates this site as Mixed Use. Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Page 5 of 13 KAPlanning DeptTagle ApplicationADr12016DR -17 -16 Starbucks in ETC drf.docx Agreement process, see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. B. DEVELOPMENT AGREEMENT PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Any building with a proposed drive - through shall be designed in such a way as to compliment the overall character of the development and design styles exceeding the standard utilitarian look of a building with a drive- through shall be required. The Owner shall also provide a minimum forty - eight inch (48 ") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive - through lane to reduce the impact of the vehicles utilizing the drive- through lane (i.e. vehicle headlights and vehicle cueing). C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8- 2A- 6(A)(5)(b) b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8- 2A- 6(A)(6) a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. • Eagle City Code Section 8- 2A- 6(B)(1) 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; Page 6 of 13 KAPlanning DeptTagle Applications\DA20160R -17 -16 Starbucks in ETC drf.docx 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; 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; k. Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented towards the road. A waiver of this subsection B I on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection BIk, metal siding shall be prohibited in the DDA, TDA, CEDA design review overlay district areas. • Eagle City Code Section 8- 2A -7(L) Landscaped Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35) of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. D. DISCUSSION: The applicant has submitted a design review application requesting approval to construct a new restaurant facility with a drive - through service lane within Eagle Tennis Club Plaza Subdivision. Pursuant to the applicant's justification letter, date stamped by the City on February 18, 2016, they are proposing to construct the building in accordance with the Mediterranean style of architecture as depicted within the EASD book. The building facade is comprised of varying window openings with corten metal awnings spaced irregularly along the south and east building elevations. The building materials proposed on the elevations vary in material and color lending itself to a modern take on the Mediterranean style of architecture. Staff defers comment regarding the architecture of the building to the Design Review Board. Page 7 of 13 KAPlanning Dept\Eagle Applications\DA20160R -17 -16 Starbucks in ETC drf.docx The landscape plan, date stamped by the City of Eagle on February 18, 2016, shows landscaping to be installed along the north and west sides of the drive- through. The plan also has a note indicating the landscape done by The Land Group, see project Eagle Tennis Club Phase 1, August 14, 2015 to be installed/planted before this project. Regardless of which plant material is installed, the drive- through aisle is required to be screened from view by a minimum forty -eight inch (48 ") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive - through lane to reduce the impact of the vehicles utilizing the drive- through lane (i.e. vehicle headlights and vehicle cueing). Staff defers comment regarding the proposed landscape buffer adjacent to the drive - through aisle to the Design Review Board. • Sheets DR1.0 and L1.00, date stamped by the City on February 18, 2016, indicate the patio area located on the south side of the building is to have a patio cover. The applicant should be required to provide detailed elevation plans showing the materials and colors to be used in the construction of the patio cover (proposed on the south building elevations). The detailed elevations should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on March 24, 2016, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 3 to 0 (Grubb, Hash, Baer, and Germano absent) to approve DR -17 -16 for a design review application to construct a restaurant with drive - through for The Charter School Fund — Oro Valley LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of Tennis Club Plaza Subdivision (PP- 13 -13). 2. Comply with all applicable conditions of RZ -24 -06 MOD5. 3. Provide a letter from the property owner(s) to the east and south approving the parking lot and landscape improvements shown on sheets DR1.0 and L1.00, date stamped by the City on February 18, 2016, to be constructed and installed the adjacent properties of this site. The letter(s) shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide a revised west elevation plan showing the "Hardie Board Lapsiding" note replaced with "Reclaimed Barnwood Siding ". The revised elevation plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. No patio cover is approved with this application Any patio cover proposed over the outdoor patio Page 8 of 13 KAPlanning Dept\Eagle Applications0r\2016\DR -17 -16 Starbucks in ETC dtf.docx area shall require the approval of a design review application skewing the fnater-ials and Mom te be used in the eenstmetien of the patie eever- (proposed on the 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No ground mounted mechanical units are proposed with this application and none are approved. 11. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls. 12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 13. No signs are proposed with this application. A separate design review application (DR- 18 -16) has been submitted for the approval of signage for this building and site. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 14. Provide revised civil and landscape plans showing the two (2) north/south compact parking spaces located east of the entry to the drive - through lane to be reconfigured to be east/west compact parking spaces in alignment with the five (5) east/west parking spaces located on the future development to the east. The revised civil and landscape plans shall be reviewed and approved b staff prior to the issuance of a zoning certificate. 15. Provide a revised landscape plan showing a minimum forty eight inch (48 ") high berm decorative block wall, cultured stone, decorative rock or similarly designed concrete wall landscaping or combination thereof within the buffer area adjacent to the drive- through lane The revised landsgg e plan shall include a cross section of the drive - through lane located on the north side of the building, extending to the centerline of State Highway 44. The location of any utility boxes and modifications to the pathway location because of the placement of utility boxes shall be shown on the revised landscape plan. 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 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 9 of 13 KAPlanning Dept\Eagle ApplicationADA20MDR -17 -16 Starbucks in ETC drf.docx 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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 10 of 13 K:O tanning Dept\.Eagle ApplicationstDA20MDR -17 -16 Starbucks in ETC drf docz first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single - family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and Page 11 of 13 KAPlanning DeptTagle ApplicationADrX2016DR -17 -16 Starbucks in ETC drf.docx construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from the City Council approval date). 26. All ground- mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR- 17 -16) 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. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the MU -DA (mixed use with development agreement) zoning district. DATED this 14th day of April 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Ro an Page 12 of 13 KAPlanning Dept\Eagke Applicatiuns\Dr\2416WR -17 -16 Starbucks m ETC drfdocx ATTEST: Sharon K. gmann, Eagle City Clerk Regulatory Taking Notice: Applicant has the right, regulatory taking analysis ON E4c�.., �•� SEAL- I 67 -8003, Idaho Code, to request a Page 13 of 13 KAPlanning DeptEagle ApplicalionsWA2016OR -17 -16 Starbucks in ETC drf.docx