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Findings - DR - 2017 - DR-83-16 - Restaurant Building In LakemoreBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW TO CONSTRUCT A ) RESTAURANT BUILDING WITHIN LAKEMOOR ) COMMERCIAL SUBDIVISION FOR HAWKINS ) COMPANIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -83-16 The above -entitled design review application came before the Eagle Design Review Board for their action on January 27, 2017. 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: Hawkins Companies, represented by Christian Samples, is requesting design review approval to construct a 7,230 -square foot restaurant building. The 1.95 -acre site is located on the east side of South Eagle Road approximately 300 -feet east of the southeast corner of South Eagle Road and East Colchester Drive within Lakemoor Commercial Subdivision (Lot 7, Block 10). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 22, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 29, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2- 91/ PP -91) for Fall Creek Subdivision. On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2- 91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since lapsed. On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement) for this site for B.W. Eagle, Inc. On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 - acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05). On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05). On June 19, 2007, the City Council approved a modification to the development agreement for DMB Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original Page 1 of 14 KAPlanning Dept\Eagle ApplicationADA2016\DR-83-16 Restaurant Bldg in Lakentoor drf.docx development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD). On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC (FP -04-06). On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until December 8, 2011 (EXT -21-09). On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until December 8, 2012 (EXT -08-11). On February 26, 2013, the City Council approved a development agreement modification to convert two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2). On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231 buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot) residential subdivision for DMB Investments, LLC (PP -03-05 MOD). On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB Investments, LLC (FP -04-13). On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB Investments, LLC (FP -07-13). On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB Investments, LLC (FP -08-15). On February 23, 2016, the City Council approved a modification to the development agreement for William Shultz (RZ-05-02 MOD3). On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for Hawkins Companies, LLC (FP -02-16). On August 9, 2016, the City Council approved a rezone with development agreement, development agreement modification, (development agreement in lieu of a PUD), and a preliminary plat modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03- 05 MOD2). On September 13, 2016, the City Council denied a development agreement modification (development agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS). On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to deny the development agreement modification (development agreement in lieu of a PUD). The City Council directed staff to provide public notice for a reconsideration public hearing regarding the development agreement modification (development agreement in lieu of a PUD) to occur on October 25, 2016 (RZ-05-02 MODS). On October 25, 2016, the City Council approved a development agreement modification (development agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS). E. COMPANION APPLICATIONS: None Page 2 of 14 KAPlanning Dept\Eagle ApplicationADA2016MR-83-16 Restaurant Bldg in Lakemoor 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 identified as Lot 7, Block 1 within Lakemoor Commercial Subdivision. The site is undeveloped, however, nine commercial lots are approved within the subdivision and the T -Sheets building (Lot 9, Block 1) is under construction. Page 3 of 14 ICAPlanning Dept\Eagle ApplicationsWrU016OR-83-16 Restaurant Bldg in Lakemoor drf.docx COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU -DA (Mixed Use with a Planned Unit Development development agreement in (PUD) consisting of lieu of a PUD) Office, Commercial, and Residential (Lakemoor Subdivision) Proposed No Change No Change Multi -tenant retail/restaurant building North of site Residential Two (up to R -E -DA -P (Residential up to Laguna Pointe two dwelling units per one unit per two acres with a Commercial/Residential acre maximum) and development agreement, Subdivision, Planned Unit Mixed Use PUD), R -2 -DA -P (Residential Development (PUD) up to two units per acre with a consisting of Office, development agreement, Commercial, and PUD), and MU -DA (Mixed Residential (Lakemoor Use with a development Subdivision) agreement) South of site Mixed Use, Residential MU -DA (Mixed Use with a Planned Unit Development One (up to one dwelling development agreement), R-1 (PUD) consisting of units per acre maximum) (Residential) Office, Commercial, and Residential (Lakemoor Subdivision), Single- family residences East of site Mixed Use MU -DA (Mixed Use with a Planned Unit Development development agreement in (PUD) consisting of lieu of a PUD) Office, Commercial, and Residential (Lakemoor Subdivision) West of site Residential Two (up to R-2 (Residential up to two Rural Residences & two dwelling units per units per acre) & R -2-P Banbury Meadows acre maximum) (Residential up to two units Subdivision per acre, PUD) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is identified as Lot 7, Block 1 within Lakemoor Commercial Subdivision. The site is undeveloped, however, nine commercial lots are approved within the subdivision and the T -Sheets building (Lot 9, Block 1) is under construction. Page 3 of 14 ICAPlanning Dept\Eagle ApplicationsWrU016OR-83-16 Restaurant Bldg in Lakemoor drf.docx I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.95 -acres (84,942 -SF) 5,000 -square feet (minimum) Percentage of Site Devoted to Building Coverage 9% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 28% (approximately) 10% (minimum) Number of Parking Spaces 64 -parking spaces 48 -parking spaces (minimum)* Front Setback 167 -feet (North) 20 -feet (minimum) Rear Setback 65 -feet (South) 20 -feet (minimum) Side Setback 29 -feet (West) 7.5 -feet (minimum) Side Setback 80 -feet (East) 7.5 -feet (minimum) *Note: Parking required when using parking calculations for restaurant use (i -parking space per 150 -square feet). 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 restaurant. Height and Number of Stories of Proposed Buildings: The applicant is proposing a single -story structure with an overall height of thirty-six feet eleven inches (36' 11"). Gross Floor Area of Proposed Buildings: The proposed restaurant building is approximately 7,230 -square feet. On and Off -Site Circulation: A 21,366 -square foot (approximately) paved parking lot provides parking for vehicles using this site. Ingress/egress to the site will be provided by one access point located off of East Colchester Drive. K. BUILDING DESIGN FEATURES: Roof: Metal (Benjamin Moore 1603 Graphite) Walls: Wood (Rough Sawn Wood Timber), Stucco (OC -40 Albescent), Stone Veneer (Stone) Windows/Doors: Aluminum (Benjamin Moore 1603 Graphite) Fascia/Trim: Metal Trim (1603 Graphite), Galvanized steel coping (Benjamin Moore 1603 Graphite) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: Existing trees located within the wetland area south of the building will be retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Existing street trees are located along East Colchester Drive. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Page 4 of 14 KAPlanning DeptTagle ApplicationADA2016MR-83-16 Restaurant Bldg in Lakemoor drf.docx 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, 17% is proposed. M. TRASH ENCLOSURES: One (1) 200 -square foot trash enclosure is proposed to be located east of the building. The enclosure is proposed to be constructed of CMU walls and a metal gate; 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 the parapet walls. One ground mounted transformer unit is proposed south of the building. The ground mounted transformer unit will be screened from view with landscaping. 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 is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle 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 — yes — 500 year 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 Page 5 of 14 KAPlanning Dept\Eagle ApplicationADA2016\DR-83-16 Restaurant Bldg in Lakemoor drf.docx 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. Ada County Highway District Central District Health Department Eagle Fire Department Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: 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: 3.7 The maximum height of commercial buildings shall be 50 -feet; non -habitable architectural elements shall be a maximum height of 60 -feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.8 All development on Property shall be consistent with the Commercial Design Guidelines (Exhibit D), attached hereto and incorporated herein by reference. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-6: Design Requirements, Objectives and Considerations: General Objectives And Considerations: The following apply to the entire design review overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle architecture and site design book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the design review board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application Page 6 of 14 KAPlanning Dept\Eagle ApplicationADr12016MR-83-16 Restaurant Bldg in Laketnoor drLdocz • Eagle City Code 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: F. Off Street Parking Design And Dimension Tables: STANDARD VEHICLES Parking angle 45° F69° 90° Parallel r Width of parking space 9 fee 9 feet 9 feet 9 feet Curb length per space 13 feet P0 feet 9 feet 23 feet Length of parking space (measurement to be perpendicular from the curb or 15 feet 18 feet 19 feet [F23eet front of space if no curb is provided) Width of driveway aisle 13 feet 17 feet 24 feet 1 12 feet COMPACT VEHICLES Parking angle Width of parking space Curb length per space Length of parking space (measurement to be perpendicular from the curb or front of space if no curb is provided) Width of driveway aisle 450 69° 90° Parallel 8 feet 8 feet 8 feet 8 feet 11 feet 9 feet 8 feet 19 feet F14 -[11 feet P feet 15 feet 19 feet 12 feet 15 feet 22 feet 12 feet H. Reduction For Planter Overhangs: When a parking space abuts a landscape planter, the front two feet (2') of the required length for a parking space may overhang the planter. (Ord. 309, 1- 27-1998) • Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 2. Minimum Requirements: a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot (6) high landscaped buffer is required. b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6) high landscaped buffer is required. 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 Page 7 of 14 KAPlanning Dept\Eagle ApplicationADA2016011-83-16 Restaurant Bldg in Lakentoor drf.docx residential activity or public street right of way, a five foot (5') wide by six foot (6) high landscaped buffer is required. D. SUBDIVISION PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-4-1-6(D): Pathway Design D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6) to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16) wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. E. DISCUSSION: The applicant is requesting design review approval to construct a restaurant building within Lakemoor Commercial Subdivision. The applicant's justification letter, date stamped by the city on December 22, 2016, states the design is intended to integrate a traditional look and feel to the architecture. The justification letter goes on to say the building complies with the standards set forth in the Development Agreement with, "the restaurant use" and that the exterior building finishes, materials for the roof/window treatments/entryway elements, building and site lighting, and patio area bringing patrons closer to the amenities of the area. The Commercial Guidelines within the Development Agreement states the overall color palette for the center will be "warm and earthy" in character and the overall design of the buildings will promote horizontal and vertical movement in the fagade planes to enhance interest and "sculptural feel." Staff defers comment regarding building design and colors to the Design Review Board. Sheet SD1.1, date stamped by the city on December 22, 2016, shows two of the drive aisles (western and central drive aisles) within the parking lot at a width of 22 -feet. Pursuant to Eagle City Code Section 8-4-4-2(F), the width of the drive aisles is required to be a minimum of 24 - feet. The applicant should be required to provide a revised site plan showing all drive aisles within the parking lot a minimum of 24 -feet width. The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Sheet L1.01, date stamped by the city on December 22, 2016, shows the eastern buffer around the trash enclosure at 4 -feet wide. Pursuant to Eagle City Code Section 8-2A-7(J)(2)(c), the landscape buffer around the trash enclosure is required to be 5 -foot wide by 6 -foot high. The applicant should be required to provide a revised landscape plan showing the landscape buffer on the east side of the trash enclosure 5 -feet wide. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Sheet L1.01, date stamped by the city on December 22, 2016, shows one (1) bicycle rack to be located on site. A detailed cut sheet of the bicycle rack was not provided. Pursuant to Eagle City Code Section 8-4-4-6, one bicycle rack is required per 30 parking spaces. This site is proposed to have 64 parking spaces, therefore, two (2) bicycle racks are required. The applicant should be required to provide a revised landscape plan identifying the location of the second bicycle rack, and also provide a detailed cut sheet of the bicycle racks showing style, size, color, etc. The revised landscape plan and detailed cut sheet of the bicycle racks should be reviewed and Page 8 of 14 KAPlanning DeptlEagle ApplicationADA2016MR-83-16 Restaurant Bldg in Lakemoor drf.docx approved by staff prior to the issuance of a zoning certificate. Sheet L1.01, date stamped by the city on December 22, 2016, shows a 5 -foot wide pathway south of the restaurant building adjacent to the wetlands area. Pursuant to Eagle City Code Section 9-4- 1-6(D), the pathway is required to be a minimum of 6 -feet wide. The applicant should be required to provide a revised landscape plan showing the pathway south of the restaurant building to be a minimum of 6 -feet wide. The revised landscape plan 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. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on January 26, 2017, 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 4 to 0 (Grubb, Koci, and Schafer absent) to approve DR -83-16 for a design review application to construct a restaurant building for Hawkins Companies, 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 strike thru to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-05-02 and all subsequent modifications. 2. Wevide a revised site plan shewing all palrking lot drive aisles a fpAnimum ef 24 feet wide. The revised site plan shall be reviewed and approved by staff prior- to the issuanee of a zening eei4ifieate. 3. Provide a revised landscape plan showing the landscape buffer on the east side of the trash enclosure at 5 -feet wide. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide a revised landscape plan identifying the location of a second bicycle rack and provide a detailed cut sheet of the bicycle racks. The revised landscape plan and detailed cut sheet of the bicycle racks shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing the pathway south of the restaurant building at 6 -feet wide. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Provide a copy of the U.S. Army Corps of Engineers permit for the wetland area south of the restaurant building prior to the issuance of a zoning certificate. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by Page 9 of 14 KAPlanning DepttEagle ApplicationADA2016tDR-83-16 Restaurant Bldg in Lakentoor drf.docx the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 12. No signs are proposed with this application and none are approved. 13. Provide revised building elevation plans showing more architectural interest on the west building i.e. stone, color, metal awnings etc. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate 14. Provide a revised landscape plan showing plant material at the base of the green screens that will grow/climb up the green screens located on the west building elevation The revised landscape plan shall show evergreen plant material to be planted adjacent to the transformer box located near the southwest corner of the building. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate 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 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 Page 10 of 14 KAPlanning Dept\Eagle ApplicationADA201MR-83-16 Restaurant Bldg in Lakemoor drf.docx 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. 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, Page 11 of 14 KAPlanning Dept\Eagle ApplicationADA2016WR-83-16 Restaurant Bldg in Lakemoor drf.docx 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 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. Page 12 of 14 KAPlanning DeptTagle ApplicationsWr\201MR-83-16 Restaurant Bldg in Lakemoor drtdocx 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 -83-16) 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: 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 an office building 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 to complement the general 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 restaurant 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 has been designed with quality materials and similar features utilized on other buildings within the development 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 quality materials and similar features utilized on other buildings within the development and is in conformance with the Commercial Design Guidelines approved within the development agreement; 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 approved within the development agreement; 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 parking lot has been design with connectivity to the adjacent sites; Page 13 of 14 KAPlanning Dept\Eagle ApplicationADA2016\DR-83-16 Restaurant Bldg in Lakemoor drf docx H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the site has been designed with internal walkable pathways; and I. 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 will not cover or detract from desirable architectural features. 3. The Board reviewed the particular facts and circumstances of the proposed design review application (DR -83-16) with regard to the commercial guidelines set forth in the Development Agreement and has concluded the following: A. The overall architectural theme for this development is "Modern Farmhouse." B. The proposed design review complies with the commercial design guidelines (see Exhibit "A") set forth in the Development Agreement based on: height of the building, exterior building finishes to include: wood timbers, stucco, and stone veneer, materials for the roof/window treatments/entryway elements, building and site lighting, and patio area bringing patrons closer to the amenities of the area. C. The development currently has six (6) buildings proposed which include: the T -Sheets building (currently under construction), a multi -tenant retail/restaurant building, a multi -tenant retail/restaurant building with a drive-through, a grocer, office building, and restaurant building. The proposed buildings have similar elements including: architectural elements through articulate wall sections, material variations, window treatments, and entryway elements that are being carried over into the restaurant building. The styles, design, and similar materials and elements provide a transition throughout the site and deliver a cohesive architectural theme. D. The commercial design guidelines refer to a "Sense of Style" stating the architectural treatment of the buildings will be eclectic in character, and, to diminish fatigue and to create a rich and visually stimulating environment, the Center will promote the co -existence of traditional, contemporary, and transitional styles in a harmonic composition. The applicant has presented the architectural treatment of the buildings in such a way to make each building exclusive while providing a cohesive and harmonious architectural theme throughout the commercial development. DATED this 9th day of February 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE �.•••••'j�AGLF••,,•. ah �• ��C Ada Co y, �,..••...� •,� QOM A TE'�% U: i JU �. Q,ti� C Robert Grubb, Chairman *.�• S.'� ATTEST: a'•STA.�•'••• t 1 Sharon K. Bergmann, Eagle City ClerkU Page 14 of 14 KAPlannmg Dept\Eagle ApplicattonADA201MR-83-16 Restaurant Bldg in Lakemoor drf.docx