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Findings - DR - 2016 - DR-61-16 - Construct Multi-Tenant Retail/Restaurant Building W/Drive ThruBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A MULTI -TENANT RETAIL/RESTAURANT BUILDING WITH DRIVE THROUGH FOR ULTIMATE SEVEN, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -61-16 The above -entitled design review application came before the Eagle Design Review Board for their action on October 27, 2016. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Ultimate Seven, LLC, represented by Nate Hosac, is requesting design review approval to construct a 9,502 -square foot multi -tenant retail/restaurant building with drive-through. The 2.01 -acre site is located on the northwest corner of Chinden Boulevard and South Bergman Way within Reynard Commercial Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 22, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 27, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for the property located on the northeast corner of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation and a rezone with development agreement from RUT (Rural Urban Transition) to C -3 -DA (Highway Business District with a Development Agreement) (CPA-5-08/A-03-08/RZ-8-08). On March 9, 2010, the City Council approved a Comprehensive Plan Map amendment changing the land use designation from Public/Semi-Public and Transitional Residential to Mixed Use and Comprehensive Plan text amendment associated with the Rim View Planning Area; an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a development agreement) (CPA-07-08/A-05-08/RZ-11-08). On April 9, 2013, the City Council approved a development agreement modification and preliminary plat for Reynard Subdivision, a 241 -lot (206 buildable, 2 commercial, and 33 common) (RZ-11-08 MOD/PP-05-12). On May 23, 2013, the Design Review Board approved a design review application for the common area landscaping and pool house located within Reynard Subdivision (DR -14-13). On May 23, 2013, the Design Review Board approved a design review application for monument Page 1 of 13 KAPlanning Dept\Eagle ApplicationADA2016MR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx signage for Reynard Subdivision (DR -15-13). On July 23, 2013, the City Council approved the final plat for Reynard Subdivision No. 1 for M3, Companies (FP -08-13). On April 17, 2014, the Reynard Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On July 23, 2013, the City Council approved the final plat for Reynard Subdivision No. 2 for M3, Companies (FP -09-13). On April 18, 2014, the Reynard Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On September 9, 2014, the City Council approved the final plat for Reynard Subdivision No. 3 for M3 Companies (FP -06-14). On December 22, 2014, the Reynard Subdivision No. 3 final plat was recorded at the Ada County Recorder's office. On September 9, 2014, the City Council approved the final plat for Reynard Subdivision No. 4 for M3 Companies (FP -12-14). On December 24, 2014, the Reynard Subdivision No. 4 final plat was recorded at the Ada County Recorder's office. On December 16, 2014, the City Council approved the final plat for Reynard Subdivision No. 5 for M3, Companies (FP -06-14). On October 15, 2015, the Reynard Subdivision No. 5 final plat was recorded at the Ada County Recorder's office. On January 27, 2015, the City Council approved the final plat for Reynard Subdivision No. 6 for M3, Companies (FP -20-14). On October 22, 2015, the Reynard Subdivision No. 6 final plat was recorded at the Ada County Recorder's office. On May 10, 2016, the City Council approved a final plat for Reynard Commercial Subdivision for M3, Companies (FP -05-16). E. COMPANION APPLICATIONS: DR -62-16 (design review sign application). Page 2 of 13 KAPlanning Dept\Eagle ApplicationADA2016MR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped but has landscaping along the south and east property lines that was installed by the developer of Reynard Subdivision. I. SITE DATE: SITE DATA COMP PLAN ZONING LAND USE 2.01 -acres (90,909 -square feet) DESIGNATION DESIGNATION 10% (approximately) Existing Mixed Use MU -DA (Mixed Use with Vacant Number of Parking Spaces 72 -parking spaces Development Agreement) Front Setback Proposed No Change No change Multi -tenant 20 -feet (minimum) Side Setback 81 -feet (West) retail/restaurant buildiniz North of site Mixed Use MU -DA (Mixed Use with Reynard Subdivision No. 1 Development Agreement) South of site Meridian AOI RUT (Rural -Urban Transition Vacant Parcels Ada County designation) East of site Mixed Use MU -DA (Mixed Use with Reynard Subdivision No. 1 Development Agreement) West of site Mixed Use C -3 -DA (Commercial Vacant Parcel within Lazy Highway District with P Subdivision (Eagle Development Agreement) Island Marketplace) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped but has landscaping along the south and east property lines that was installed by the developer of Reynard Subdivision. I. SITE DATE: SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.01 -acres (90,909 -square feet) 0.11 -acres (5,000 -square feet) (minimum) Percentage of Site Devoted to Building Coverage 10% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 50% (approximately) 10% (minimum) Number of Parking Spaces 72 -parking spaces 64 -parking spaces (minimum)* Front Setback 91 -feet (North) 20 -feet (minimum) Rear Setback 47 -feet (South) 20 -feet (minimum) Side Setback 81 -feet (West) 7.5 -feet (minimum) Side Setback 92 -feet (East) 7.5 -feet (minimum) *Note: Parking required based on 9,502 -square feet being restaurant. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a multi -tenant retail/restaurant facility. Height and Number of Stories of Proposed Buildings: Page 3 of 13 KAPlanning Dept\Eagle ApplicationADr12016\13R-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx The applicant is proposing an approximately twenty-six and one half foot (26 VY) high single -story structure. Gross Floor Area of Proposed Buildings: The proposed multi -tenant retail/restaurant facility is approximately 9,502 -square feet. On and Off -Site Circulation: A 29,000 -square foot (approximately) paved parking lot provides parking for vehicles using this site. Two 26 -foot wide shared driveways are located on the north property line twenty-seven feet (27') and two hundred thirty-five feet (235') east of the west property line. Both driveways provide access to West Grey Fox Street. K. BUILDING DESIGN FEATURES: Roof: Single ply membrane (black) Walls: Stucco (Navajo White, Steady Brown, Whole Wheat), Brick (Brownwood Mill), and Stone (Ledgestone Chablis) Windows/Doors: Aluminum (Dark Bronze) Fascia/Trim: Metal Awnings and Metal Trim (Dark Bronze) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located on the southern and eastern boundaries of the site. With the exception of one (1) 3 -inch caliper pear tree located in the southern portion of the property and two (2) 3 -inch caliper crabapple trees located along the eastern boundary of the site, all existing trees are to be protected and retained. Amenities Tree Replacement Calculations: The applicant is proposing to install three (3) 6' to 7' high Hoopsi Spruce trees, three (3) 2 -inch caliper Columnar Hornbeam trees, and three (3) 2 -inch caliper Royal Red Maple trees. Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along West Grey Fox 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: 10% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One (1) 330 -square foot trash enclosure is proposed to be located near the northeast corner of the site. The enclosure is proposed to be constructed of CMU walls with stucco finish and metal gates; all of which will match the materials and colors used in the construction of the building. N. 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 13 KAPlanning Dept\Eagle ApplicationADA2016\DR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx 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: No signs are proposed with this application. A separate design review application (DR -62-16) has been submitted for the approval of signs proposed on this building and on the site. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Meridian Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. 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 - yes 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. Comments, which appear to be of special concern, are noted below: Central District Health Department Department of Environmental Quality Idaho Transportation Meridian Fire Department Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: • COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Page 5 of 13 KAPlanning Dept\Eagle ApplicationADA2016\DR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.8 Due to the high visibility of Chinden Boulevard, special attention shall be given to the design, configuration and position of the buildings abutting the roadways consistent with Eagle City Code. The side of any buildings facing the roadways shall be provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. 3.9 All buildings shall be set back a minimum of 105 -feet from the centerline of Chinden Boulevard to accommodate future corridor widening. 3.14 Any building with a proposed drive-thru shall be designed in such a way as to compliment the entirety of the Foxtail Property and, if located near residential uses or a public way, shall provide a minimum of forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive-thru lanes to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e., vehicle headlights and vehicle cueing). Eagle may place reasonable limits on the hours of operation of all drive-thru uses to ensure compatibility with adjacent uses. 3.16 Deliveries to commercial buildings within the Commercial Mixed Use Area shall be conducted from the hours of 7:00 am to 7:00 pm. All other operations of the commercial buildings within the Commercial/Mixed Use Area shall comply with Eagle City Code "Loud Amplification Devices; Noise Ordinance" Section 4-9, or as thereafter amended. 3.17 All non-residential (commercial) buildings in the Commercial Mixed Use Area shall be subject to dark -sky lighting, or related limitations in compliance with Eagle City Code, as it exists at the time such applications are made, to address additional concerns that may arise. C. 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(A)(5)(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 Page 6 of 13 KAPlanning Dept\Eagle ApplicationADr12016\DR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf docx other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8 -2A -7(K)(2) Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. D. DISCUSSION: The applicant is requesting design review approval to construct a 9,502 -square foot multi -tenant retail/restaurant building within Reynard Commercial Subdivision. The applicant's justification letter indicates that the architectural style of the building is to be "Italianate" style. Pursuant to the development agreement, special attention is to be given to the design, configuration and position of the buildings abutting the roadways. The side of any buildings facing the roadways shall be provided with architectural design elements and architectural relief. Staff defers comment regarding building design and colors to the Design Review Board. The landscape plan, date stamped by the City on October 14, 2016, shows a five foot (5') wide landscape strip to be located between the parking area and the sidewalk proposed adjacent to West Grey Fox Street. With the exception of the Karl Foerster's Feather Reed Grass and the Mops Mugo Pine, the majority of the plant material proposed within this landscaped area will only reach one foot (1') to two foot (2') in height at maturity. Pursuant to Eagle City Code, a landscape strip is to be provided when parking lots are located adjacent to public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. The applicant should be required to provide a revised landscape plan providing a greater variety of plant material that will reach a minimum mature height of 30 -inches to 36 -inches so as to screen the parked cars from West Grey Fox Street. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on October 14, 2016, shows a hedge of Dwarf English Laurel to be planted adjacent to the south side of drive through lane located on the south side of the building. Pursuant to the development agreement, any building with a proposed drive through, if located near a public right of way, is to be designed with a minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the drive through lanes to reduce the impact of the vehicles utilizing the drive through lanes (i.e.: vehicle headlights and vehicle cueing). The applicant should be required to provide a revised landscape plan showing a minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the south side of the drive through lane. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. • On October 14, 2016, parking lot lighting and building lighting details were submitted to the City. The applicant should be required to provide detailed cut sheets indicating the mounting height, luminaries, wattage, etc. of the lighting to be used within the parking lot and on the building. The detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 7 of 13 KAPlanning Dept\Eagle Applications\Dr\2016XDR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on October 27, 2016, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 3 to 0 (Baer recused; Brasher and Koci absent) to approve DR -61-16 for a design review application to construct a multi -tenant retail/restaurant building with drive-through within Reynard Commercial Subdivision for Ultimate Seven, 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of FP -05-16, RZ-11-08 MOD, PP -05-12, and DR -14-13. 2. Provide a revised landscape plan providing a greater variety of plant material that will reach a minimum mature height of 30 -inches to 36 -inches so as to screen the parked cars from West Grey Fox Street. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan showing a minimum forty-eight inch (48") grade separated berm and/or screen wall with vegetation adjacent to the south side of the drive through lane. The revised landscape plan shall be reviewed and approved by three (3) members of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide detailed cut sheets indicating the mounting height, luminaries, wattage, etc. of the lighting to be used within the parking lot and on the building. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. No ground mounted mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. 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 Page 8 of 13 KAPlanning Dept\Eagle Applications\Dr\2016\DR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx 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 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. 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 Page 9 of 13 KAPlanning DeptTagle ApplicationADA2016\DR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drEdocx 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. 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 Page 10 of 13 KAPlanning Dept\Eagle ApplicationADr12016\13R-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx 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 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 -61-16) 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. 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: Page 11 of 13 KAPlanning DeptlEagle ApplicationskDA20I6MR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drEdocx 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 retail/restaurant building with drive-through is permitted with the approval of a design review application within the MU -DA (Mixed Use with a development agreement) 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 building is designed with an architectural style to complement the general commercial and residential in the vicinity and provide aesthetically pleasing architecture to enhance the character of the area; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for a multi - tenant retail/restaurant building and the drive aisles have been designed in conformance with Eagle City Code 8-4-5; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed building will have similar designs that are similar to the commercial properties to the west of the site and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed building has been designed with similar features utilized on other building within the area and is in conformance with the Eagle Site and Architecture Design book; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height restrictions; 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 1. No signs are proposed. However, any proposed signs will be required to be harmonious with the architectural design of the building and adjacent buildings, and shall not cover or detract from desirable architectural features. DATED this 10' day of November 2016. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho /lE2/1f Robert Grubb, Chairman Page 12 of 13 KAPlanning DepttEagle ApplicationADA2016OR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docz •%%W s 11111 / / j,,,• OF Eq ATTEST: •0 ORq'•�F' SEAL ,�, ��• 0r"�A�RA113)�* 0 ,moi Sharon K. Bergmann, Eagle City Jerk 9 •0.00•••' ,',,,,OF 'W11611,1% pP•••. Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 13 of 13 KAPlanning Dept\Eagle AppltcationADA2016WR-61-16 Multi -ten Retail -Restaurant Bldg in Reynard drf.docx