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Findings - DR - 2022 - DR-08-22 - 148 Mixed Use Building - 148 Mixed Use Building (Restaurant And Residential) BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR THE 148 MIXED USE ) BUILDING(RESTAURANT AND RESIDENTIAL) ) FOR GLASGOW GROUP RENTALS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-08-22 The above-entitled design review application came before the Eagle Design Review Board for their action on March 24, 2022. The Eagle 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: Glasgow Group Rentals, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture, is requesting design review approval for a 7,840-square foot, three story, mixed use building (two residential units and one restaurant). The 0.32-acre site is located on the north side of East State Street approximately 60-feet east of 1"Street at 132 and 148 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 17, 2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 23, 2022, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 13, 1982,the City Council approved a change of use from Body Shop to Retail/office for a feed and seed store(DR-7-82). On May 8,2019,the City approved a design review application for new site improvements to include paved parking area,site landscaping,new doors/windows on the building,covered patio, and removal of the chain link fence(DR-27-19). E. COMPANION APPLICATIONS: None. Page 1 of 24 K.\Plmning Dept\Eagle Applications\DrU0227he 148 Mixed Use Building DR-08-22\DR-08-22 The 149 Mixed Use Bldg drf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Retail/Office(Finer District) Frames) Proposed No Change No Change Mixed Use Building (residential/restaurant) North of site Downtown CBD(Central Business Single-family Residential District) South of site Downtown CBD(Central Business East State Street, District) Restaurant(Smoky Mountain Pizzeria Grill) East of site Downtown CBD(Central Business Retail(Again District) Consignment) West of site Downtown CBD(Central Business Multi-tenant District) Retail/Personal Services Building G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Downtown Development Area(DDA). H. URBAN RENEWAL DISTRICT: Yes. L EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk. The site has an existing frame shop that will remain, existing parking lot and landscaping. Page 2 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED* Total Acreage of Site 0.32-acres(13,939-square feet) 500-square feet(minimum) Percentage of Site Devoted 42%(approximately)(including the 40%(minimum)to 95% to Building Coverage existing building) (maximum) Percentage of Site Devoted 18%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 17-parking spaces 17-parking spaces(minimum) (including 4-covered parking spaces, (including 2-covered parking 0.5-guest parking spaces,and 4-onstreet spaces and 0.5-guest parking parking spaces) spaces) Front Setback(South) 2-feet, 8-inches 0-feet(minimum)to 10-feet (maximum) Rear Setback(North) 25-feet 0-feet(minimum) Side Setback(East) 6-inches 0-feet(minimum) Side Setback(West) 0-feet(measure from closest structure) 0-feet(minimum) *Note:Setbacks and lot coverage based on the Downtown Development Area(DDA)overlay. K. PARKING ANALYSIS: Gross Floor Area of Proposed Restaurant: 2,968-square feet 19.7,for 2,968-square feet using 1-parking space per 150-square feet for restaurant Gross Floor Area of Proposed Apartments or multi-family dwellings: 4,406-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) Gross Floor Area of Existing Retail Building: 1,522-square feet 3, for 1,522-square feet using 1-parking space per 500-square feet for retail sales • Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor area for restaurant, 1 parking space per 500-square feet for retail sales, and 2 parking spaces required plus 0.25 guest parking for units with 2 or more bedrooms: Proposed Parking Spaces: 17(including 4 covered parking spaces and 0.50 guest parking spaces) Required Parking Spaces: 17* (including 4 covered parking spaces, 0.50 guest parking spaces, and 4- onstreet parking spaces)(calculated based upon the above use identified in Eagle City Code Section 8- 4-5: "Restaurant,""Retail Sales,"and"Apartments or multi-family dwellings") *The required parking spaces reflect a reduction by 50%for all nonresidential uses located within the DDA. Page 3 of 24 K:\Planning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1)building to be utilized as a mixed use building(restaurant and residential). Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately thirty-nine foot(39')high three-story structure. Gross Floor Area of Proposed Buildings: The proposed mixed use building is approximately 7,840-square feet. On and Off-Site Circulation: A 3,784-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 15-foot wide alley is located on the north property line and provides access to the site from North I"Street and North 2nd Street. M. BUILDING DESIGN FEATURES: Proposed Building Design: Italianate Roof. Metal(Charcoal Gray 851) Walls: Brick veneer(Ashland), stucco(SW7037 Balanced Beige, SW6004 Mink),fiber cement board siding(Summer Wheat) Windows/Doors: Vinyl(Dark Bronze),metal(SW6992 Inkwell) Fascia/Trim: Metal coping(SW6992 Inkwell) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees adjacent to East State Street that will be retained. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing along 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 around the perimeter of the parking lot. b. Interior Landscaping: 5%interior landscaping is required,5%is proposed. O. TRASH ENCLOSURES: One(1)216-square foot trash enclosure is proposed to be located near the northwest corner of the site. The enclosure is proposed to be constructed of CMU walls with stucco overlay and metal gates; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and none are approved. Page 4 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg dr£docx Q. OUTDOOR LIGHTING: A site plan showing location,style,and wattage of the building wall lighting was received and complies with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to the issuance of any building permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Suez Water company water 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-no Mature Trees—yes,adjacent to East State 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. X. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Central District Health Eagle Fire Department Eagle Park,Pathway,and Recreation 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. Page 5 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx 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. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: 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 Page 6 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 149 Mixed Use Bldg drf.docx 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:Olde Towne Planning Area Y' ? itc or Eagle Old lowme Planning AIeA - Fy '. .-r 1 �" 7 7- �. I `t -- - x figure 6.21:Olde Towne Land Uses General Guide to Old Towne to land Use Mixture R egional Rath 3q rt f!f rih C?en tiih# MafkM SCaM-N Ada Courwry High Density Empliollillunt 1�SWr�es General MernMat Retad Density Residentiai u Mixed V Deveiopmentl Nooborhood E mpiDyrnw Retail&Services c Modm0e eigr t opr Low Density towDenit4l�f Supplodecu >W Off-" o;•uflo Sq It R esi i ream Market.; . Ttra rugld'_I:t+d uses above tepre sent the coinWied uses that ae appropriate nthe 014 T,,ine Ar?a $pecllk api;Kalrility wdl be dependent uponthe nuKture of uses identified inthe wba eate.t of this plan. The patial induston of a land use ktdicates A invled p otentullopport wAy fot that land we m the.44 Page 7 of 24 KAPlanning Dept\Eagle Applicafions\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx 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 Olde Town. 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. 1. 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). Figure 6.23:Pedestrian Amenities&Streetscape Features R. Office and residential uses should use plazas,patios,and fountains to bring their presence to the street. S. All buildings should be encouraged to incorporate public art,benches,and bike amenities to invite pedestrians and bicyclists to easily move throughout the Olde Towne area. Page 8 of 24 K:\Planning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx 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 facade(see Figure 6.25),and 20-foot high commercial lower band. Figure 6.25: Architectural Styles Complementary to Olde Towne 11} } .nwr,a" a'lv +rnr�: netaM I t $ t a 4 1 _ Z. Encourage the use of terraced(stepped back)vertical mixed-use buildings that allow for office, commercial,retail,and residential within a single building wile reducing/avoiding a monolithic building wall along the street and sidewalk plant(see Figure 6.26). Figure 6.26: Examples of Terraced Building Design � t mtattr.cw 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 I + Building height and use transitions Live/Work Mixed Use Raised green areas with \ Civic Market Heritage Park parking below f Rowhouzes r w+c..nln..in nw e.ct gnb.p« �613.MI.m mq.nY N q. kfu.wna on�prYup roc•n a Y..W a.n q.6.1 b.. Alk-d Use: MWb-Femay rr d4.w.an r..i.reo.nrs.� WJnY .wti�.4N wr. gtlsnp.nN'ik.rv-w.q x'a,�wMromti,q<wr�a- u1.v+ua.nq=. wu.a.ykow Page 9 of 24 K:\Plmning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx DD.Ensure that new residential development adds to the appeal of Olde Towne as a great place to live as well as to visit.Revised development regulations to specify physical outcomes,including building types and disposition,block and street pattern,public open space,architectural character and identity.(See Figure 6.28). Figure 6.28:Housing Styles in • de Towne Eagle r IA%-eMork: 3 story-buildibc..resident—d cemmerrsal on the first r fioorwithlring abase.lVdIcustamuih.hats senxe entries m the back Mixed Use: e: 3-5 story buildings with m sadenta al abase retail and of fice n.ses oo hoer fioors.These baddmgs will lW e a �y prominent lust 90-snth lust wind o s and will include yttli µ, building undulataons ssith tanad front setbu ks that cr.- A,pabos.plans.and pedestrian ameaib— Row House: .f -3 stay stuck faindy b om:s-th xaa-sery Ismstad - `. side setbacks Bnaldragshazeravedh.ou-flsaarsos.- lot..sdfhs lsgzzfeetjandpulaagrtt3terearmagar- § ace sir as the lust floor. Multi-Family z-3 star:baildrag vaatb mnFuple lrinc nm is uithm a na- clebuilding.Peap features may include separateee- tnes mien-caurhards..and aninc archat ctnralde- biL throughout 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-6(C): Downtown Development Area: 2. Architectural Character: i. Detailing:Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include,but is not limited to,walls, Page 10 of 24 K:\Planning Dept\Eagle Applicafions\Dr\2022\The 148 Mixed Use Building DR-08-22011-08-22 The 148 Mixed Use Bldg drf.docx pilasters,parapets,cornices,columns,windows,doors,awnings, exterior lighting, ledges, eaves,colors and materials. 4. Parking: a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot,a landscape buffer shall be provided between the parking lot and any street.Limited parking potential in the DDA may allow for reduced parking ratios where there is access to public or shared parking. • Eagle City Code Section 8-2A-6(G): Streetscape: At a minimum,the following specific streetscape criteria shall apply: 2. The specific style of streetlight poles within the DDA, TDA,CEDA,and in the locations specified in subsection G6 of this section,shall be as depicted on the streetlight exhibit within the EASD book. 3. The specific style of streetlight lamps within the DDA,TDA,CEDA,and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within the EASD book. 4. Streetlights within the DDA and TDA shall be located a maximum distance of one hundred feet(100')apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other. 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. Street Boundaries Spacing(Each Side Of Street) Street Boundaries Spacing(Each Side Of Street) State Street Cobblestone Lane to Palmetto Avenue 75' 7. Streetlight spacing may be slightly modified depending upon site constraints and the location of existing streetlights. 10. Public art is encouraged and/or areas should be made available for the placement of public art in the future. 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. Page 11 of 24 KAPlmning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 2. Minimum Requirements: c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way,a five foot(5')wide by six foot(6')high landscaped buffer is required. • Eagle City Code Section 8-2A-6(K): Parking Lot Landscaping: 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. 4. Parking Lot Interior Landscaping: b. Additional Requirements: (1) No interior planter shall be less than five feet(5')in any dimension. (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 8-4-4-3:Joint/Collective Parking Facilities: A. Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where a joint/collective parking facility has been approved pursuant to the following: 1. The applicant shall show that: a. There is no substantial conflict in the principal operating hours of the building, structure or use for which the joint/collective parking facility is proposed; b. The peak hours of parking demand from the uses shall not coincide so that the peak demand will be less than the parking required; c. The shared parking spaces shall serve the uses without conflict; d. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if a joint/collective parking facility was not requested; and e. If a public transit system serves the area,the applicant may provide documentation showing that the parking demand will be reduced. 2. The proposed reduction of required spaces,applicable to each use,shall be shown by the applicant. 3. The city may require the applicant to submit survey data,or additional documentation substantiating a request for a joint/collective parking facility. Page 12 of 24 KAPlanning Dept\Eagle Applications0r\2022\The 149 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx 4. The joint/collective parking facility may be on a site other than the site where the use is located,but shall be located no further than that permitted by subsection 8-4-4-1 A of this chapter. 5. The spaces to be provided shall be available as long as the uses requiring the spaces are in operation. 6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use,approved by the city attorney as to form and content,and such agreement,when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit,or prior to issuance of a certificate of occupancy,whichever occurs first. The agreement shall include: a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; b. A guarantee among the landowners for access to a use of the joint/collective parking facility; c. A provision that the city may require parking facilities in addition to those originally approved upon findings by the city council that adequate parking to serve the uses has not been provided; d. A provision stating that the city council,may for due cause and upon notice and hearing,unilaterally modify, amend,or terminate the agreement at any time; and e. Any other information required to be documented on such agreement by the city in an effort to assure compliance with this title. 7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent(20%)of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent(20%)of the sum of the number required for each use served unless a conditional use is approved by the city council. 8. No use shall be continued if the parking is removed from a joint/collective parking facility unless substitute parking facilities are provided. • Eagle City Code Section 8-4-4-5:Parking in Lieu Payments: Within the central business district,as defined by the city of Eagle comprehensive plan,the required number of parking spaces may be met by a cash in lieu payment to the City prior to issuance of a building/zoning permit or certificate of occupancy,whichever occurs first. The fee shall be for the City to provide public off street parking in the vicinity of the use,the maximum distance of which shall not exceed the maximum distance permitted by this title. The fee shall be five thousand seven hundred dollars($5,700.00)per space,or such sum as may be adopted by resolution of the City Council.In addition to the above fee the owner shall be required to pay an annual per space maintenance fee as shall be determined by resolution of the City Council. The City shall not provide more than twenty(20)spaces for any single use without the specific approval of the City Council. When considering in lieu payments the city may set limitations on the number of spaces for which an in lieu fee may be tendered. All in lieu funds received for reduction of parking spaces under this section shall be placed into a special and separate parking improvement and acquisition account to be used solely for the Page 13 of 24 K:\Plwning Dept\Eagle Applications\Dr12022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf dock purchase and improvement of municipal parking lots and structures to be located within the central business district, as defined by the City of Eagle comprehensive plan, and may be for use by the general public. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: In accordance with subsection 8-4-1 A of this chapter,parking spaces for other permitted or conditional uses not listed herein shall be determined by the administrator.Among the factors for determining the number of spaces to be required for a use not listed herein,the administrator shall compare the proposed use with a use which has similar traffic generating characteristics as outlined in the most recent version of the institute of transportation engineers trip generation manual. For the purpose of this title,the following space requirements shall apply,except that in the DDA and TDA the space requirement listed herein shall be reduced by fifty percent(50%)for all nonresidential uses and adjacent on street parking shall be included in the minimum requirement: RESIDEML L Apartments or ro.W.mily dwallings „mn or sludio unil-1 5'mUuding 1 mvered.0.25 spaces n't.,e usc:;'x h:;;mold stoaye and shalt be kept available for parfung Restaurants.lirgng rooms.taverns. 7 per 150 square feet of gross floor area. -.'sal danta floc nightolubs.etc. RB1ail sales of YarOe{TtBm6 SUCK as 1 pet 500 square lest O19—tloa area.�,,11e 11DA anc TDA t per 1.M Square feet 0 gross floor area Shall he furniture and app4ances required for anv such use and on streel parking Shall be Included In the m .ro requitement C. DISCUSSION: • The site has an existing retail/office building that is to remain. The applicant is requesting design review approval for a 7,840-square foot, three story, mixed use building (two residential, one restaurant) located east of the existing building. The applicant's justification letter states that the building is designed to meet a western interpretation of the Italianate architectural style which is one of the nine architectural styles within the Eagle Architecture and Site Design book. The justification letter also states the goals of the design are to address the street and flanking of the single-story buildings with an appropriate scale, massing, and orientation. The design provides a dining experience, connectivity to the street, and a 14-foot deep covered seating area. Staff defers comment regarding the building design and colors to the Design Review Board. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(13)(2)(d)&(e), the proposed building should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • A portion of the west building elevation includes an area for a future mural.This site is located within the Olde Towne planning area of the downtown. Item"S"under section 6.17.3 Olde Towne Planning Area of the Comprehensive Plan states that all buildings should be encouraged to incorporate public art,benches,and bike amenities to invite pedestrians and bicyclists to easily move throughout the Olde Towne area. Pursuant to Eagle City Code Section 8-2A-8(B)(16), murals require a recommendation from the Eagle Arts Commission,and reviewed and approved by the Design Review Board and City Council.The applicant should be required to submit any proposed murals to the Eagle Arts Commission for a recommendation.Once a recommendation from the Eagle Arts Commission is received,the applicant should submit the mural to the Design Review Board and City Council for review and approval.The approval of the mural should be Page 14 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx received prior to the issuance of a building permit. • The site currently has an existing 10-foot wide concrete sidewalk with two street trees and one historical light. The landscape plan shows a portion of the existing sidewalk to be replaced with a new sidewalk that appears to match the sidewalk design proposed for the Downtown project(a joint Ada County Highway District and City of Eagle project). In addition,note 7 states that silva cells are not being utilized due to existing trees root systems. 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. Downtown Sidewalk Design (for use on East State Street anticipated for construction in 2024) SUSPENDED PAVING SYSTEM DESTRIAN RAMP SILVA CELLS ACHD STANDARD URNISHING ZONE DESTRIAN ZONE RED BRICK DRY LAID PAVERS CONCRETE, 4'x3'MODULAR SINGLE SOLDIER COURSE EACH SIDE SIDEWALK JOINTS AND ENDS W/HERRINGBONE FIELD; BENCHES,PLANTERS,ETC. -__ - A V CLASS II STREET TREE �ISTORICSTREET LIGHT 48'TREE GRATE (TYP.SPACING AT 70'-0") (TYP. SPACING AT 35'-0') Urban Concrete w/Brick Streetscape Plan View Figure 1 X&I T 11 C , 1 CCNCRETE PAVER TRAIEL L;',E-' LASE TW,T-c F. L;NE 'ARIES 9DEWALe F,%1:11 t; 0.5' 4E Urban Concrete w/Brick Streetscape Section Figure 2 Page 15 of 24 K:\Planning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg dr£docx Existin Sidewalk(East State Street) Figure 3 Figure 1 above shows the approved sidewalk design for the Downtown project which is a 10-foot wide sidewalk and includes a combination of pavers and gray concrete. Figure 2 shows the streetscape section of the sidewalk. Figure 3 shows the existing sidewalk. The applicant should be required to provide a revised landscape plan showing the details of the sidewalk to match the sidewalk design associated with the Downtown project(a joint Ada County Highway District and City of Eagle project),including paver design,tree installation, silva cells, etc.The new sidewalk design should be installed along the entire frontage of the site(including the frontage of Finer Frames).The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site plan shows an existing historic light in front of the Finer Frames building that is approximately 115-feet from the next historic light located east of the site. Pursuant to Eagle City Code Section 8-2A-6(G)(6), the historic streetlights along East State Street between Cobblestone Lane and Palmetto Avenue are required to be space 75-feet apart. Eagle City Code Section 8-2A- 6(G)(7), streetlight spacing may be slightly modified depending on site constraints and locations of existing street lights. Location of Existing Historic Streetli hts IIII a.�...F•• p "" 1. s Note:*represents existing streetlight locations. Page 16 of 24 KAPlanning DeptTagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx Staff defers comment regarding the requirement for an additional streetlight to the Design Review Board.If the Design Review Board recommends the applicant provide one additional historic streetlight on the site,the applicant should be required to provide a revised site and landscape plans showing the location of one additional historic streetlight.The revised site and landscape plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site and landscape plan show a 3' 6" landscape buffer between the parking lot and west property line. Pursuant to Eagle City Code Section 8-2A-7(K)(3), a minimum 5' wide perimeter landscape strip between the property lines and the parking lot is required. The applicant should be required to provide a revised site and landscape plan showing a minimum 5' wide landscape buffer between the parking lot and west property line. The revised site and landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows a trash enclosure located near the northwest corner of the site.The width of the buffer areas around the enclosure are 3' to 4' 9 '/2"(south side)and 1' 7"to 5' 2 3/4"(north side).Pursuant to Eagle City Code Section 8-2A-7(J),the buffer area required around the enclosure is required to be 5' wide. O -- The applicant should be required to provide a revised landscape plan showing the buffer area around the trash enclosure to be a minimum of 5' wide. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site plan shows a total of 17-parking spaces on the site, including 4-onstreet parking spaces, and 2-parking spaces (numbered 16 and 17) located in front of a garage that will be utilized by a residential unit(located on the second and third floors of the building). The required parking spaces for the site is 17-parking spaces(restaurant—10-parking spaces,retail —2-parking spaces, residential—4.5-parking spaces [including 2-covered parking spaces]). Staff defers comment regarding the two parking spaces located in front of a residential garage to the Design Review Board. If the Board determines the area in front of the residential garage can be utilized for 2-parking spaces,no additional parking spaces are required. -OR- If the Board determines the area in front of the residential garage cannot be utilized for required parking spaces,the applicant shall provide a revised site plan showing the addition of two parking spaces(in a different location then currently shown). The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. -OR- Provide a joint/collective parking agreement (in compliance with Eagle City Code 8-4-4-3). The joint/collective parking agreement should be reviewed and approved by staff and the City Attorney prior to the issuance of a zoning certificate. -OR- Page 17 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 149 Mixed Use Bldg dd.doex Pay a parking in lieu payment of$11,400($5,700/per parking space). The parking in lieu payment should be received prior to the issuance of a zoning certificate. • The landscape plan shows screen art to be located north of the existing retail/office building and covered patio,however,no details for the screen art was received.The applicant should be required to provide details of the screen art located north of the existing retail/office building and covered patio.The details should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the 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 March 24,2022,at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: Upon completion of the applicant's and staff s presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed design,materials,and colors of the mixed use building. • The Board was not in favor of requiring sidewalk improvements adjacent to East State Street at the time of construction due to a future City of Eagle/ACHD sidewalk improvement project that is to be constructed in 2024. The Board determined completing the streetscape improvements at one time including the irrigation would be better. • The Board was not in favor of parking spaces 16 and 17 counting towards the required parking due to the location of the parking spaces in front of a residential garage. BOARD DECISION: The Board voted 4 to 0(Mihan and Lindgren recuse,Grubb absent)to recommend approval of DR-08-22 for a design review application for a three story,mixed use building(residential units and one restaurant) for Glasgow Group Rentals,LLC,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Submit any proposed murals to the Eagle Arts Commission for a recommendation. Once a recommendation from the Eagle Arts Commission is received,the applicant shall submit the mural to the Design Review Board and City Council for review and approval. The approval of the mural shall be received prior to the issuance of a building permit. 2. -Rr-evide a revised lmdseape plan shewing the details of the sidewalk to matel;the sidevialk design *t),ineluding paver-design,tr-ee installation, ete. The new sidewalk design SWI be installed along the ei#ir-e ffentage of the site(ifieluding in fFew of-Finer Fram es). The revised landseape plaft shall be Feviewed and appf%ied by staff prier-te-the.issuanee of ai%aing eeFtifiea4e. Page 18 of 24 KAPlanning DeptTagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx The Board recommended the sidewalk improvements not be completed at this time, and instead be completed with the Ada County Highway District/City of Eagle sidewalk improvement project projected to be completed in 2024. the site,the appliesant should be requir-ed to previde a r-evised site and!andseape plans shewing t leeation of wie additienM histefie streetlight.The revised site and landseape plans shall hhe r-e-vie;'ved .,.7 e.l b staff« r-4e the isstianee e f a zening ef4i fieete The Board recommended the sidewalk improvements not be completed at this time which includes historic lights. appr-eved by staff prior-to the issuanee of ai�eaiag e.4:{:ente The Board recommended approval of the 3'6"landscape buffer with the existing fence along the west property line and added a condition to require the parking spaces to be 19 feet in length with wheel stops. of S' wide. The revised landseape plan shall be r-eviewed and appr-eved by staff pr-ief:to the issua The Board recommended approval of the landscape buffer as proposed due to the existing fence, landscaping proposed, and dimensions required by Republic Services to access the trash enclosure. spares, fie n.difi n1 d ed spaees,the applieant shall provide a f:evised site plan shewing the additien of two pafking spares(4i-a dig-efent lersation then euffefAly she",a). Theivvised-ssite plan shall be rvvitmved And appr-eved by staff .n to the of n ei4:F:entn -OR— Provide a joint/collective parking agreement (in compliance with Eagle City Code 8-4-4-3). The joint/collective parking agreement shall be reviewed and approved by staff and the City Attorney prior to the issuance of a zoning certificate. -OR- Pay a parking in lieu payment of$11,400($5,700/per parking space).The parking in lieu payment shall be received prior to the issuance of a zoning certificate. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. 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. 10. The applicant shall be required to comply with any applicable conditions placed on this application by Page 19 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx the City Engineer. 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 12. No ground mounted mechanical units are proposed with this application and none are approved. 13. Paint all electrical meters,phone boxes,etc.located on the building to match the color of the building. 14. No signs are proposed with this application and none are approved. 15. Provide a revised site and landscape plan showing theparking spaces located adjacent to the west property line to be 19-feet in length with a wheel stop. The revised site and landscape plan shall be reviewed and approved b staff taff prior to the issuance of a zoning certificate. 16. Provide details fora gutter system for the building that has continuous drainage to tie into the existing onsite drainage for the patio.The gutter system details shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 17. The signage shown on the building elevations is for reference only and a separate sign application will be required to be submitted for the approval of any signs. 18. Provide details for the proposed screening for the Finer Frames ground mounted mechanical units located at the northeast corner of their building. The screening details shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 19. The applicant shall be required to provide a cross access,cross parking,and shared trash enclosure agreement between Lots 2 and 3, Block 2 of Townsite of Eagle. The cross access,cross parking,and shared trash enclosure agreement shall be reviewed and approved by the Cily Attorney and recorded in the Ada Countv Recorders Office rior 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. 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 Page 20 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 149 Mixed Use Building DR-09-22\DR-09-22 The 149 Mixed Use Bldg drf.docx 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 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. Page 21 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf docx 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 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 Page 22 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR-08-22) 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 Board 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 to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site has been design with onsite and onstreet parking; 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 building has been designed to meet the Italianate style of architecture; 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 building is designed to be harmonious with other surrounding buildings; Page 23 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building does not exceed the 40-feet permitted within 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 an existing paved sidewalk adjacent to East State Street and a plaza area proposed; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area;and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. DATED this 14'day of April 2022. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Robert 6rubb, ai an ATTEST: ,,,,,•••�.• E.....,,���,. J .• T 8 •• Tracy E. Os 4m, agle City Cleil4— �� .••O .' * .••• •.. Page 24 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\The 148 Mixed Use Building DR-08-22\DR-08-22 The 148 Mixed Use Bldg drf.docx