Findings - DR - 2016 - DR-06-16 - Common Area Landscaping In East End Marketplace/Specialty Retail Store/Food&BeverageBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR THE COMMON AREA )
LANDSCAPING WITHIN EAST END )
MARKETPLACE, INCLUDING A SPECIALTY )
RETAIL STORE (FOOD AND BEVERAGE )
SALES FOR TPC COMMERCIAL, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -06 -16
The above - entitled design review application came before the Eagle Design Review Board for their action
on February 25, 2016. The Board continued the item to March 10, 2016, and made their decision at that
time. On March 24, 2016, the Board reviewed their draft findings of fact and conclusions of law and made
minor changes to the site specific conditions of approval to more accurately reflect their decision. 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:
TPC Commercial, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture, is
requesting design review approval of the common area landscaping within East End Marketplace,
including the construction of a 14,924 - square foot specialty retail store (food and beverage sales). The
15.55 -acre site is generally located on the east side of South Edgewood Lane between State Highway
44 and East State Street inclusive of 1601, 1782, and 1794 East McGrath Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 21, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 22, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the Eagle City Council approved a Comprehensive Plan Map Amendment, a
rezone with development agreement, a vacation, and a preliminary plat application for Eagle Gateway
Subdivision ( CPA- 02- 06 /RZ- 08- 06/VAC- 01- .06/PP- 09 -06).
On January 12, 2016, the Eagle City Council approved a Comprehensive Plan Map Amendment and a
rezone with a development agreement for East End Marketplace (CPA -05 -15 & RZ- 11 -15).
E. COMPANION APPLICATIONS: DR -07 -16 (design review sign application for the specialty retail
store).
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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 property is undeveloped.
I. SITE DESIGN INFORMATION:
Site Data
COMP PLAN
ZONING
LAND USE
15.55 -acres (677,358- square feet)
DESIGNATION
DESIGNATION
22% (approximately)
Existing
Mixed Use
BP (Business Park)
Pasture
Proposed
Commercial & Mixed
C -2 -DA (Commercial-
Commercial/Retail
66 -feet (south)
Use
General Business with a
Subdivision and Senior
0 -feet
Side Setback
Development Agreement)
Apartment Complex
Side Setback
43 -feet (east)*
MU -DA (Mixed Use with a
Development Agreement)
North of site
Commercial & Mixed
C -2 (Commercial- General
Manufactured Homes,
Use
Business)
Industrial Flex Space, Clock
MU -DA (Mixed Use)
Tower Retail Center
South of site
Mixed Use
MU -DA (Mixed Use with a
Tennis Club Plaza (under
development agreement)
construction)
East of site
Mixed Use
BP (Business Park)
Manufactured Home Park,
ABC Seamless Siding
West of site
Downtown
MU -DA (Mixed Use with a
Office, Commercial, Retail
development agreement)
Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The property is undeveloped.
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
15.55 -acres (677,358- square feet)
0.02 -acres (1,300 - square feet)
(minimum)
Percentage of Site Devoted to
Building Coverage
22% (approximately)
92% (maximum)
Percentage of Site Devoted to
Landscaping
40% (approximately)
10% (minimum)
Number of Parking Spaces
67- parking spaces
60- parking spaces (minimum)
Front Setback
66 -feet (south)
0 -feet
Rear Setback
49 -feet (north)*
0 -feet
Side Setback
15 -feet (west)
0 -feet
Side Setback
43 -feet (east)*
0 -feet
*Note: Setbacks measured to proposed property lines within East End Marketplace.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a specialty grocery store.
Height and Number of Stories of Proposed Buildings: 32 -feet; one story.
Gross Floor Area of Proposed Buildings: 14,924 - square feet.
On and Off -Site Circulation:
A 25,300- square foot (approximately) paved parking lot provides parking for vehicles using this
site. Access to the site will be provided throughout the development of East End Marketplace from
the adjacent public roadways.
K. BUILDING DESIGN FEATURES:
Roof: Single Ply Membrane (white)
Walls: CMU block (Precision Smooth), Fiber Cement Board (maple stain, iron gray), Steel/metal
(midnight oil), Concrete (natural seal)
Windows/Doors: Storefront windows and doors (dark bronze)
Fascia/Trim: Wood columns (maple stain)
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 along State Highway 44, Edgewood Lane, and East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the south and west.
b. Interior Landscaping: 10% interior landscaping is required, 7 % is proposed.
M. TRASH ENCLOSURES:
One 192 - square foot trash enclosure is proposed to be located adjacent to the north side of the
building at the west end of the loading dock area. The enclosure is proposed to be constructed of
CMU block and will have metal gates; all of which will match the material and colors used in the
construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet walls of the building. No ground mounted mechanical units
are proposed.
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.
P. SIGNAGE:
A separate design review sign application has been submitted for the approval of a master sign plan
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for this building (DR- 07 -16).
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department have
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 attached to the staff report and is
incorporated herein by reference. Comments, which appear to be of special concern, are noted below:
Central District Health
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3.11 The Applicant is proposing the following Land Use Designation:
Commercial
Suitable primarily for the development of a wide range of commercial activities including
office, retail and service establishments. Uses should complement Downtown Eagle.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A -5(E)
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Eagle Architecture And Site Design Book -EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A -1
may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD book will not
be considered. A copy of the EASD book is available at Eagle city hall.
• Eagle City Code Section 8- 2A- 6(A)(5)
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);
c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines,
wells, and similar installations; and
d. The continued maintenance of these service systems.
• Eagle City Code Section 8- 2A- 6(A)(6)(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)(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 lk 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 B lk, metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
• Eagle City Code Section 8- 2A -6(G): Streetscape:
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
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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 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:
1. Street trees shall comply with the requirements contained in section 8 -2A -7 of this article.
Any tree located within a concrete area shall include tree grates and tree wells as depicted on
the tree well and tree grate exhibit within the EASD book. Root barriers shall be required to
limit future sidewalk damage from tree roots.
6. Except as noted in subsections G4 and G5 of this section, streetlights shall be spaced
generally as depicted on the streetlight spacing map included within the EASD book (exhibit
A -2). The specific spacing requirements are listed below and apply to each side of the street.
Streetlights are to be located in alignment across the street from each other except where
noted as "staggered ". When the streetlights are to be "staggered" a streetlight on one side of
the street is to be located generally midway between two (2) streetlights on the other side of
the street. Spacing shall still apply to each side of the street.
10. Public art is encouraged and/or areas should be made available for the placement of public art
in the future.
11. Furnishings shall be required for all applications incorporating streetscape improvements,
pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches,
seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste
receptacles and other similar amenities as may be approved by the design review board.
Furnishing examples are depicted within "urban accessories" section of the EASD book.
• Eagle City Code Section 8- 2A- 7(K)(4): Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot
with ten (10) spaces and above. The required amount of landscaping is based on a sliding
scale, as follows:
- -r—
Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10-20 5 percent
21-50 8 percent
51+ 10 percent
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5) in any dimension.
(2) No parking space shall be more than sixty feet (60') from an interior landscaped area.
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(3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently
reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to
a height of six feet (6).
(5) A terminal island for a single row of parking spaces shall be landscaped with at least
one tree and shrubs, ground cover, or grass. A terminal island for a double row of
parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or
grass.
• Eagle City Code Section 8- 2A- 7(M)(2)
In all required applications, excluding residential developments, one street tree, selected from the
approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of
street frontage.
• Eagle City Code Section 8- 4- 4 -2(A)
6. Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
C. DEVELOPMENT AGREEMENT PROVISION WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 The multi - family building shall be constructed utilizing a "Craftsman" style of architecture
similar, but not limited to, the architecture shown on Exhibit D. The commercial/retail
buildings shall be constructed utilizing a style architecture as shown on Exhibit E. The multi-
family building and commercial buildings shall be designed utilizing four -sided architecture.
Eagle Design Review Board approval of the detailed architectural plans for the development is
required prior to the issuance of building permits for the multi - family building and
commercial/retail buildings.
3.12 The development is to incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches,
tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior to
the issuance of a Zoning Certificate.
3.13 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) landscape screening details and buffering for the multi-
family residential units located adjacent to East State Street, 4) elevation plans for all proposed
common area structures and irrigation pump house (if proposed), 5) landscape screening details
of the irrigation pump house (if proposed), 6) useable amenities such as benches, picnic tables,
covered shelters, benches, gazebos, and/or similar amenities. The design review application shall
be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final
plat application, or prior to the issuance of a building permit, whichever occurs first.
3.14 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the
submittal of a design review application. Owner shall provide a narrative with the Existing Tree
Inventory Map indicating how the trees will be incorporated into the design of the subdivision or
mitigated prior to removal of the trees. No trees shall be removed from the site prior to City
approval of a tree removal plan and replacement plan.
3.15 All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
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trees will be integrated into the open space areas (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a
final plat.
3.16 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9- 4 -1 -6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located
adjacent to State Highway 44 and East Edgewood Lane. The public sidewalk shall be constructed
prior to issuance of a Certificate of Occupancy for the first structure on the site. The specific
location and design of the sidewalk shall be approved by the City of Eagle Park and Pathway
Development Commission prior to submittal of a design review application. The public sidewalk
shall be located in a recorded easement or easements dedicated to and accepted by Eagle as
provided in Eagle City Code Section 9- 4- 1 -6(E) (2). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat, upon recordation of the final
plat(s) wherein the public sidewalk is located.
3.17 Owner shall install a three foot (3') high landscaped berm (measured from the centerline of State
Highway 44), or alternative method, within a 30 -foot wide common lot located adjacent to State
Highway 44. The berm area shall be landscaped with the following plants per one hundred (100)
linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree,
provided that not more than fifty percent (50 %) of the shade trees are substituted. The total
number of trees shall be twenty -five (25) and the total number of shrubs shall be four hundred
and seventy -five (475) as depicted in the plan provided on December 15, 2015 (Exhibit F 1-4).
The landscape plan shall be reviewed and approved by the Design Review Board prior to
submittal of a final plat application.
3.18 The parking for the site shall be in conformance with Eagle City Code Section 8 -4 -5: Schedule
of Parking Requirements; except that, the senior housing shall be permitted 1.5- spaces /dwelling
unit inclusive of one (1) space covered/dwelling unit.
3.19 Loading facilities shall be located on the northern side of structures to not be visible from State
Highway 44.
3.20 Owner 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. Eagle acknowledges the applicant is applying for an access point
to South Edgewood Lane and, if the applicable transportation agency with jurisdiction approves
the access point, the City acknowledges the access point as approved can be incorporated into
the design of the project.
D. DISCUSSION:
The applicant is requesting design review approval to construct a 14,924- square foot specialty
retail store (food and beverage sales) and the perimeter landscaping within East End Marketplace.
Pursuant to the applicant's justification letter, the architecture is "Northwest Craftsman" style as
represented within the development agreement for East End Marketplace. The building design
uses natural materials, heavy timber accents, and simple forms. The application indicates white,
single ply, membrane roofing is to be used on the building; however, it does not specify if this is
to be used for the entire building or if this is to be used only on the flat roof areas behind the
parapet walls. The applicant should be required to provide revised elevation plans showing the
material to be used on the roof element located over the main entry feature to the building. The
revised elevation plans should be reviewed and approved by staff and two members of the Design
Review Board prior to the issuance of a zoning certificate.
• The elevation plans, date stamped by the City on January 21, 2016, show metal siding to be used
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around the upper 3 -feet of the building's perimeter. Additionally, metal siding is proposed to be
used on the main entry feature to the building. Pursuant to Eagle City Code, metal siding is
prohibited on the portion of any building facing a road. This includes sections within the front
fagade that may be perpendicular to the road but within the face of the building oriented towards
the road. A waiver 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. Staff defers comment
regarding the metal siding proposed on the building to the Design Review Board.
The application indicates roof top mechanical units are proposed to be used on this building;
however, a roof plan and cross section of the building showing the roof top mechanical units in
relation to the parapet walls was not provided. Pursuant to Eagle City Code, roof mounted
mechanical units are required to be completely screened from view by the parapet walls.
"Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall.
The applicant should be required to provide a roof plan and a cross section of the building
showing the location of all roof top mechanical units in relation to the parapet walls. The roof
plan and cross section of the building should be reviewed and approved by staff prior to the
issuance of a zoning certificate.
The landscape plan, date stamped by the City on January 21, 2016, shows approximately 7%
interior landscaping proposed on the specialty retail store site. Pursuant to Eagle City Code, a
parking lot with 51+ parking spaces requires a minimum of 10% interior landscaped area. The
applicant should be required to provide a revised landscape plan showing a minimum of 10%
interior landscaped area on the specialty retail store site. The revised landscape plan should be
reviewed and approved by staff and two members of the Design Review Board prior to the
issuance of a zoning certificate.
Sheet DR2.0, date stamped by the City on January 21, 2016, shows the landscape island located
at the eastern most end of the parking spaces proposed adjacent to the landscape berm along State
Highway 44 to be constructed with future site improvements. However, sheet L1.1, date stamped
by the City on January 21, 2016, shows the landscaping within this landscape island. The 7%
interior landscaped area calculated in the bullet noted above included this landscape island in that
calculation and needs to be constructed. The applicant should be required to provide a revised
civil sheet DR2.0, showing the landscape island located at the eastern most end of the parking
spaces proposed adjacent to the landscape berm along State Highway 44 to be constructed with
the construction of the specialty retail store. The revised civil sheet should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
The landscape plan, date stamped by the City on January 21, 2016, shows several of the
landscape islands located within the parking area on the south side of the building not having
trees located within the islands. Pursuant to Eagle City Code, deciduous shade trees and ground
covers and low shrubs are recommended as primary plantings in interior landscaped areas. The
applicant should be required to provide a revised landscape plan showing deciduous shade trees
to be planted in the interior landscape islands within the parking area located on the south side of
the building. The revised landscape plan should be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
• Pursuant to the development agreement for East End Marketplace, a 3 -foot high berm (measured
from the centerline of State Highway 44) is required. The landscape plan shows a 3 -foot high
berm is proposed along State Highway 44 but does not show its height in relation to the centerline
of State Highway 44. The applicant should be required to provide a revised landscape plan
showing a cross section of the berm in relation to State Highway 44, showing the berm is a
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minimum of 3 -feet in height from the centerline of the road. The revised landscape plan should
be reviewed and approved by staff and two members of the Design Review Board prior to the
submittal of a final plat application.
• Pursuant to the development agreement of East End Marketplace, a minimum of twenty -five (25)
trees and four hundred and seventy -five (475) shrubs are required to be planted along the entire
frontage of State Highway 44 for the East End Marketplace development. The landscape plans,
date stamped by the City on January 21, 2016, show a total of eighteen (18) trees and
approximately four hundred and forty -four (444) shrubs proposed along the frontage of State
Highway 44. The applicant should be required to provide a revised landscape plan showing a
minimum of twenty -five (25) trees and four hundred and seventy -five (475) shrubs planted along
State Highway 44. Each required shade tree may be substituted with one (1)
flowering/ornamental tree, provided that not more than fifty percent (50 %) of the shade trees are
substituted. The revised landscape plan should be reviewed and approved by staff and two
members of the Design Review Board prior to the submittal of a final plat application.
• The landscape plan, date stamped by the City on January 21, 2016, does not shows street trees
along North Edgewood Lane or East State Street to be located every 35- linear feet. Pursuant to
Eagle City Code, street trees are required to be planted every thirty -five (35) linear feet of street
frontage. The applicant should be required to provide a revised landscape plan showing street
trees along North Edgewood Lane and East State Street planted every thirty -five (35) linear feet
of street frontage. The revised landscape plan should be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
• There are overhead powerlines located along the east property line and along North Edgewood
Lane and some overhead cable and telephone lines located along McGrath Road. Pursuant to
Eagle City Code, Cable, electrical, and telephone service systems are to be installed underground.
The applicant should be required to provide revised site and civil sheets showing all overhead
powerlines, cable, and telephone service systems to be installed underground. The revised site
and civil sheets should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The applicant is proposing to use LED lighting for the parking lot and building lighting throughout
the development. Currently, Eagle City Code does not permit LED lighting; however, in past
applications, the Design Review Board has recommended LED lighting be permitted to be used.
As long as the LED lighting used 3000 Kelvin degrees to provide the warmer tone so as to more
closely match the standard HPS lamps used throughout the development. Staff defers comment
regarding the use of LED lighting to the Design Review Board.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, 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 February 25, 2016.
The Board continued the item to March 10, 2016, at which time the Board made their decision. On
March 24, 2016, the Board reviewed their draft findings of fact and conclusions of law and made minor
changes to the site specific conditions of approval to more accurately reflect 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).
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BOARD DECISION:
The Board voted 3 to 0 (Grubb, Hash, Baer, and Germano absent) to approve DR -06 -16 for a design
review application for the common area landscaping within East End Marketplace, including the
construction of a specialty retail store (food and beverage sales) for TPC Commercial, 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 RZ- 11 -15.
2. The elevations plans, date stamped by the City on March 2 2016 showing a metal roof on the main
entry to the building are approved. i4evide i-° . __ed elevations plans sh,,,, ng the material « be used
on the r-eef element leeated ever- the main entfy feature to the building. The revised elevatien plans
shall be reviewed and appr-eved by staff and two members of the Design Review Beard prior- te the
3. Provide a roof plan and a cross section of the building showing the location of all roof top mechanical
units in relation to the parapet walls. The roof plan and cross section of the building shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
4. Provide a revised landscape plan showing a minimum of 10% interior landscaped area on the
specialty retail store site. The revised landscape plan shall be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of a zoning certificate.
5. The revised civil sheet DR2.0, date stamped by the City on March 2 2016 is gp rop ved Pfevide-a
revised ,:1 sheet T)R2 0, showing the land Y island 1 + d at the eastem r d f the paFldng
spaees proposed adjaeent to the landseape ber-fn along State Highway 4 4 to be eenstrdeted with the
eenstmetion of the speeia4y retail stem. The revised eivil sheet should be reviewed and approved by
b
staff pFiea to the asu" „f , zoning eet4ifie to
•
6. Provide a revised landscapeplan showing a deciduous shade tree to be planted in the landscape island
located in the parking area on the south side of the building (located on the south side of the drive
aisle .
landseape islands , ,:th:., the par-king , t a the south •a of the building, The revised
r
landscape plan shall be reviewed and approved by staff and two fnembeFS of the Design Review
Bear,d prior to the issuance of a zoning certificate.
7. The landscape plans, date stamped by the City on March 2 2016 showing the cross section of the
berm in relation to State Highway 44 are approved. Drpvide a revised landseape plan she,.._ e_ess
r- r--__ .. ..a »
eetion of the berm in relation to State Highway AA , showing the berm is a FrAninium of R feet in height f0em the eenterfine of the read. The r-evised landseape plan shall be r-eviewed and appfeved by
staff and two fnember-s ef the Design Review Board prior- to the subunittal ef a final plat appheation.
8. Provide a revised landscape plan showing a minimum of twenty -five (25) trees and four hundred and
seventy -five (475) shrubs planted along State Highway 44. Each required shade tree may be
substituted with one (1) flowering/ornamental tree, provided that not more than fifty percent (50 %) of
the shade trees are substituted. The revised landscape plan shall be reviewed and approved by staff
and two members of the Design Review Board prior to the submittal of a final plat application.
9. Provide a revised landscape plan showing street trees to be planted thirty -five feet (35') on center
along East State Street from Edgewood Lane to the westernmost driveway on East State Street The
revised landscape plan shall show a minimum of seven (7) street trees to be planted along Edgewood
Lane between the right -in driveway and East State Street The applicant shall move the sidewalk to
be located over the sewer utility easement along Edgewood Lane and place the required street trees
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on the east side of the sidewalk. If the applicant is unable to acquire Eagle Sewer District approval to
place the sidewalk over the sewer utility easement the applicant shall be required to provide a revised
landscape plan showing, the street trees on the east side of the sidewalk The required street trees
along Edgewood Lane may be clustered in order to avoid the utility easements The revised
landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate
Wevide e revised landseap e plan s1..:,b street trees along r.«, Edgeweed Lane and Last State
Stfeet planted every thifty five (35) linear- feet of stfeet frontage. The revised landseape plan shall be
{ owed .I rr d b y staff d twe members of the Design Review Board prior- the issuanee of a zoning eeFtifieate.
10. Provide revised site and civil sheets showing all overhead powerlines, cable, and telephone service
systems to be installed underground. The revise site and civil sheets shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
11. Provide revised elevation plans showing the back side of the wood columns to be stained to match the
front side of the wood columns. The revised elevation plans shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
12. Provide revised site and landscape plans showing public art, water features, or other features of
interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains,
benches, tables, etc.). The amenities shall be reviewed and approved by the Design Review Board
prior to the issuance of a zoning certificate.
13. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
14. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
15. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
16. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
17. No ground mounted mechanical units are proposed with this application and none are approved.
18. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
19. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
20. No signs are proposed with this application. A separate design review application (DR- 07 -16) has
been submitted for the approval of a master sign plan for this building.
21. Provide revised landscape and civil plans showing the deceleration lane to be designed in compliance
with the requirements of ACHD for the right -in only driveway on Edgewood Lane The revised
landscape plan shall be reviewed and approved by staff 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.
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2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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,
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whichever occurs first. All construction shall comply with the City's specifications and standards
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
13. One set of building plans, for any non single - family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall 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.
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19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground- mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 06 -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 C -2DA and MU -DA (commercial- general business with development agreement and mixed use
with development agreement) zoning district.
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KAPlanning Dept\Eagle Applications\DA2016XDR -06 -16 East End Mrkt Place w Specialty Retail Store drf.docx
DATED this 14'h day of April 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robe , hairman
.••' OF EAG
ATTEST: �•'•G~4s O R.4
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1.
Sha K. m n, Eagle City Clerk sg 0 ,�E �O
ron
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;?'E OF �4
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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