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Findings - DR - 2017 - DR-50-16 - Food & Bev Bldg In LakemoorBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A FOOD AND BEVERAGE SALES BUILDING WITHIN LAKEMOOR COMMERCIAL SUBDIVISION FOR HAWKINS COMPANIES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -50-16 The above -entitled design review application came before the Eagle Design Review Board for their action on January 26, 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 12,500 -square foot food and beverage sales building. The 1.41 -acre site is located on the southeast corner of South Eagle Road and East Colchester Drive within Lakemoor Commercial Subdivision (Lot 6, Block 10). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 23, 2016. Supplemental documents were received by the City of Eagle on December 22, 2016. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 26, 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 Page 1 of 16 KAPlanning DeptTagle ApplicationADA2016\1311-50-16 Food and Bev Bldg in Lakemoor drf.docx Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original development agreement (recorded as Instrument No. 10504897 1) (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). E. COMPANION APPLICATIONS: None. Page 2 of 16 KAPlanning Dept\Eagle ApplicationADA2016MR-50-16 Food and Bev 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 undeveloped. I�.y11I��7:11Y�A SITE DATA COMP PLAN ZONING LAND USE 1.78 -acres (77,604 -square feet) DESIGNATION DESIGNATION 16% (approximately) Existing Mixed Use MU -DA (mixed use with Vacant land within Lakemoor Number of Parking Spaces 80 -parking spaces development agreement Commercial Subdivision Proposed No Change No Change Food and Beverage Sales 20 -feet (minimum) Side Setback 31 -feet (East) Building North of site Mixed Use MU -DA (mixed use with East Colchester Drive/Vacant Beverage Sales based on 1 narking space for every 250 -square feet of gross floor area_ development agreement land South of site Mixed Use MU -DA (mixed use with Vacant land within Lakemoor development agreement Commercial Subdivision East of site Mixed Use MU -DA (mixed use with Vacant land within Lakemoor development agreement Commercial Subdivision West of site Residential Two R-2 (residential two) South Eagle Road/ Undeveloped land G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. I�.y11I��7:11Y�A SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.78 -acres (77,604 -square feet) 0.11 -acres (5,000 -square feet) Percentage of Site Devoted to Building Coverage 16% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 39% (approximately) 10% (minimum) Number of Parking Spaces 80 -parking spaces 50 -parking spaces (minimum)* Front Setback 27 -feet (North) 20 -feet (minimum) Rear Setback 253 -feet (South) 20 -feet (minimum) Side Setback 31 -feet (East) 7.5 -feet (minimum) Side Setback 23 -feet (West) 20 -feet (minimum) *Note: Parking reauired for Food and Beverage Sales based on 1 narking space for every 250 -square feet of gross floor area_ 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 food and beverage facility. Height and Number of Stories of Proposed Buildings: Page 3 of 16 KAPlanning Dept\Eagle ApplicationADA2016\DR-50-16 Food and Bev Bldg in Lakemoor drf.docx The applicant is proposing an approximately forty two (42') high single -story structure. Gross Floor Area of Proposed Buildings: The proposed automotive body shop is approximately 12,520 -square feet. On and Off -Site Circulation: A 22,600 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 45 -foot wide driveway is located approximately 170 -feet south of East Colchester Drive and one 40 -foot wide driveway is located approximately 360 -feet south of East Colchester Drive. Both driveways are proposed on the west side of the north/south main access drive for the entire Lakemoor Commercial Subdivision. K. BUILDING DESIGN FEATURES: Roof: Metal (Black powder coat) Walls: Brick veneer (Cumberland Standard), Wood Paneling (Cedar), EIFS (Beige) Windows/Doors: Aluminum (Black powder coat) Fascia/Trim: Metal trim (Black powder coat) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees along East Colchester and around the pond located to the west of this site. The trees are to be retained and protected. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: The street trees on the south and west sides of East Colchester Drive were installed by the developer of Lakemoor Subdivision. 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, 8% is proposed. M. TRASH ENCLOSURES: One (1) 200 -square foot trash enclosure is proposed to be located near the southwest corner of the building, on the south side of the northernmost entrance to this site. The enclosure is proposed to be constructed of CMU walls with a stucco finish and metal gates; all of which will be finished to 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. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. Page 4 of 16 KAPlanning Dept\Fagle ApplicationADA2016011-50-16 Food and Bev Bldg in lakemoor drf.docx P. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be 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 and Eagle Fire Department have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None. S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes — along East Colchester Drive 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. Central District Health Department of Environmental Quality Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 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 Page 5 of 16 KAPlanning Dept\Eagle ApplicatiorLADrU016011-50-16 Food and Bev Bldg in Lakemoor drf.docx 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-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 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. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. Page 6 of 16 ]UPlanning DeptEagle ApplicationADA2016011-50-16 Food and Bev Bldg in Lakemoor drf.docx d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code Section 8 -2A -7(K)(4) Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as follows: Percent Of Total Area Of Total Number A Lot That Must Be An Of Spaces Interior Landscaped Area 10-20 ` 5 percent 21-50 [8 percent 51+ 10 percent b. Additional Requirements: (2) No parking space shall be more than sixty feet (60') from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. • Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. Page 7 of 16 KAPlanning Depffiagle Applications\DA2016VDR-50-16 Food and Bev Bldg in Lakemoor drf.docx 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture (as identified in the EASD book) are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than five hundred (500) spaces; c. Thirty feet (30') for parking lots with more than five hundred (500) spaces; d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty (320) watts. b. The light fixture shall be no higher than seventeen feet (IT). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2, article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall not be permitted to have metal halide lighting. 8. Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way, required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. Page 8 of 16 KAPlanning Dept\Eagle ApplicationADA2016WR-50-16 Food and Bev Bldg in Lakemoor drf.docx D. DISCUSSION: The applicant is requesting design review approval to construct a food and beverage sales building within Lakemoor Commercial Subdivision. The applicant's justification letter, date stamped by the City on December 22, 2016, indicates the building design, materials, and colors to be used in the construction of the building comply with the standards set forth in the development agreement. Staff defers comment regarding the building design and colors to the Design Review Board. The landscape and site plans, date stamped by the City on December 22, 2016, show 80 -parking spaces and approximately 8% interior parking lot landscaping. The plans also do not show any landscape islands in the north/south row of parking located adjacent to the pond. Pursuant to Eagle City Code, 51 -parking spaces or more requires a minimum of 10% interior landscaping. Additionally, no parking space is to be located more than 60 -feet from an interior landscaped area. The applicant should be required to provide a revised site and landscape plan showing a minimum of 10% interior landscaping and landscape islands located within 60 -feet of any parking space. The revised site and landscape plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. The site plan, date stamped by the City on December 22, 2016, indicates a retaining wall is to be located 8 -feet west of the westernmost parking spaces. Pursuant to Eagle City Code 8 -2A - 7(K)(2), a landscape strip and/or decorative wall is to be provided between parking lots and the public right of way to shield views of parked cars to passing motorists and pedestrians. The applicant should be required to provide a cross section of the retaining wall proposed west of the westernmost parking spaces. The cross section should show that the height of the retaining wall and landscaping will screen the parked cars within the parking lot from Eagle Road. The cross section should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. The site and landscape plans, date stamped by the City on December 22, 2016, show bike racks to be located near the southwest corner of the building; however, detailed cut sheets of the bike rack was not provided. The applicant should be required to provide detailed cut sheets of the bike rack showing the style, color, size, etc. to be installed near the southwest corner of the building. The detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. The applicant provided detailed cut sheets of the proposed parking and building lighting. The Cimarron LED parking lot light fixture (PL1) is shown to be 3000K; however, the height of the parking lot light has not been specified. Pursuant to Eagle City Code, the maximum height of the parking lot light poles may be 20 -feet. The applicant should be required to provide a detailed cut sheet showing the height of the Cimarron LED light fixture to be a maximum of 20 -feet in height. The lamp and lens should be screened and not directly visible by a person of average height standing on the property line of any public right of way, private street, or property line of any residentially zoned parcel or land used for residential purposes. The detailed cut sheet should be reviewed and approved by staff prior to the issuance of a zoning certificate. The 8 -inch Bistro Shade LED building light fixture (WL2) is shown to be 4000K. The detailed cut sheets do not show how the luminaire is to be located within the light fixture and if the luminaire is to be screened by the light fixture. Pursuant to Eagle City Code, the maximum Kelvin permitted is 3000K. The applicant should be required to provide revised cut sheets of the 8 -inch Bistro Shade LED building light fixture showing how the luminaire is screened and that the light fixtures uses a 3000K LED light fixture. The lamp and lens should be screened and not directly visible by a person of average height standing on the property line of any public right of way, private street, or property line of any residentially zoned parcel or land used for residential Page 9 of 16 F-APlanning Dept\Eagle ApplicationADA201MR-50-16 Food and Bev Bldg in Lakemoor drf.docx purposes. 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. 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, Schafer, and Koci absent) to approve DR -50-16 for a design review application to construct a food and beverage sales building within Lakemoor Commercial Subdivision 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 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. Provide a revised landscape plan showing the existing trees located along the east side of the pond to be relocated within the landscape area between the retaining wall of the pond and the parking lot. The shrubs proposed within this area shall be replaced with evergreen plant material. Provide a of 10% interior- landseaping and !andseape islands jeemed within 60 feet of any paflEing spaee. The revised site and landscape plans shall 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 er-ess seefien ef the retaining wall pr-epesed west ef the westemmest pafking spaees. The er-ess seetion shall shew that the height of the Fetaining wall and landseaping will sereen the paFked staff and two members of the Design Review BeaEd prior- to the issuanee ef a zening eeFfifie . 4. Provide detailed cut sheets of the bike rack showing the style, color, size, etc. to be installed near the southwest corner of the building. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a detailed cut sheet showing the height of the Cimarron LED light fixture to be a maximum of 20 -feet in height. The lamp and lens shall be screened and not directly visible by a person of average height standing on the property line of any public right of way, private street, or property line of any residentially zoned parcel or land used for residential purposes. The detailed cut sheet shall be reviewed and approved by staff prior to the issuance of a zoning certificate. Provide revised cut sheets of the 8 -inch Bistro Shade LED building light fixture showing how the luminaire is screened and that the light fixtures use a 3000K LED light fixture. The lamp and lens shall be screened and not directly visible by a person of average height standing on the property line of any public right of way, private street, or property line of any residentially zoned parcel or land used for residential purposes. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 10 of 16 KAPlanning Dept\Eagle ApplicationADA201RDR-50-16 Food and Bev Bldg in Laketnoor drf.docx 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 13. No signs are proposed with this application and none are approved. 14. Provide a revised landscape plan showing the trash enclosure located in an entirely different location within the parking lot or show the trash enclosure to remain within the same landscape island but shifted to the south to provide a larger vision triangle for vehicles leaving the site If the trash enclosure is to remain in the same landscape island the applicant shall provide a revised landscape plan in conformance with ACHD's vision triangle policies The revised landscape plan shall show additional shrubs planted between the trash enclosure and the sidewalk The revised landscape plan shall be reviewed and approved by staff and two 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 Speck 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 Page 11 of 16 KAPlanning Dept\Eagle ApplicationADA2016MR-50-16 Food and Bev Bldg in Lakemoor drf.docx 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. 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 Page 12 of 16 KAPlanning Dept\Eagle ApplicationADA201MR-50-16 Food and Bev Bldg in Lakemoor drf.docx 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 comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. Page 13 of 16 KAPlanning Dept\Eagle ApplicationADA2016\DR-50-16 Food and Bev Bldg in Lakemoor drf.docx 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 -50-16) 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. The Board recognizes that the interior parking lot landscaping does not comply with a couple areas of the code regarding the percentage of interior parking lot landscaping and the distance between parking spaces and interior landscaped areas. It is the Board's opinion that the extensive landscaping proposed throughout the entire commercial development as well as the existing landscaping around the pond and landscaping proposed between the parking lot and the pond offsets the need for any additional landscaping within the parking lot of the food and beverage sales building. 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 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 and on site landscaping 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 food and beverage sales 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 has been designed with quality materials and similar features utilized on other buildings within the development and will enhance the character of the area; Page 14 of 16 KAPlanning Dept\Eagle ApplicationADA2016WR-50-16 Food and Bev Bldg in Lakemoor drf.docx 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 designed with connectivity to the adjacent sites; 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 in compliance with internal walkable pathways; 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 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 -50-16) 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: brick veneer, wood paneling, metal, and stucco, materials for the roof/window treatments/entryway elements, building and site lighting, and pathways 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 restaurant, office building, and food and beverage sales 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 food and beverage sales 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. Page 15 of 16 KAPlanning DeptTagle Applications\DrUOMDR-50-16 Food and Bev Bldg in Lakemoor drf.docx DATED this 9h day of February 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, ;dpW i 0 L Robert Grubb, Chairman �.• F, •.,� �•` Q� �pTo ATTEST:% U C �•� V Sharon K. e , Ber mannEagle Cit Clerk �'•••.,A Bergmann, g Y Hca . Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 16 of 16 KAPlanning DeptTagle ApplicationsTA2016MR-50-16 Food and Bev Bldg in Lakemoor drf.docx