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Findings - CC - 2022 - DR-60-22 - Multi-Tenant Retail/Restaurant Building With A Drive Through In The Bridges At Lakemoor BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MULTI-TENANT ) RETAIL/RESTAURANT BUILDIGN WITH A ) DRIVE THROUGH IN THE BRIDGES AT ) LAKEMOOR FOR HAWKINS COMPANIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-60-22 The above-entitled design review application came before the Eagle City Council for their action on December 13,2022. The Eagle City Council 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 Brittnee Elliott, is requesting design review approval for a 7,560- square foot multi-tenant retail/restaurant building with a drive through in The Bridges at Lakemoor. The 1.78-acre site is located near the southeast corner of the intersection of North Eagle Road and East Colchester Drive at 59 East Colchester Drive(Lot 6,Block 1, Lakemoor Commercial Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 9, 2022. Supplemental information (revised landscape plan)was received October 19,2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 17, 2022, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: 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 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 InvestmentsB.W. Eagle,Inc.(RZ-03-16/RZ-05-02 MOD4 and PP-03- 05 MOD2). Page 1 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg wdrive thin in Bridges at Lakemoor ccf docx On February 9, 2017, the Design Review Board approved a design review application for a 12,500- square foot food and beverage sales building(DR-50-16). This application has since expired. For additional property history see: A-91/ R2-91/ PP-91, CPA-4-02, A-3-02 & RZ-5-02, PP-03-05, FP-13-05/FP-14-05, RZ-05-02 MOD, FP-04-06, EXT-21-09, EXT-08-11, PP-03-05 MOD,FP-04-13, FP-07-13,FP-08-15. E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION • Existing Mixed Use MU-DA(mixed use with Vacant land within development agreement Lakemoor Commercial Subdivision Proposed No Change No Change Multi-tenant Retail/Restaurant Building with Drive Through North of site Mixed Use MU-DA(mixed use with East Colchester development agreement Drive/Vacant land South of site Mixed Use MU-DA(mixed use with Vacant land within development agreement Lakemoor Commercial Subdivision East of site Mixed Use MU-DA(mixed use with Crave Restaurant within development agreement Lakemoor Commercial Subdivision West of site Neighborhood R-2(residential two) South Eagle Road/ Residential Undeveloped land G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA,CEDA,or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, street trees, and sidewalk along East Colchester Drive as part of Lakemoor Subdivision. Additional existing trees are located on the site along the pond. Page 2 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccfdocx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.78-acres(77,604-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 10%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 51%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 85-parking spaces 51-parking spaces(minimum) Front Setback(East) 92-feet 20-feet(minimum) I Rear Setback(West) 21-feet 20-feet(minimum) Side Setback(North) 82-feet 20-feet(minimum) Side Setback(South) 210-feet 7.5-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Multi-tenant Retail/Restaurant Building with Drive Through: 7,560- square feet Restaurants— 1 per 150-square feet of gross floor area Restaurant with Drive Through— 1 per 200-square feet of gross floor area;plus queue space for 5-cares for drive-up service Retail sales— 1 per 250-square feet of gross floor area Proposed Parking Spaces: 85 Required Parking Spaces(estimated per use requirements in Eagle City Code): 51 (plus queue for 5-cars for drive-up service), for 7,560-square feet using 1 parking space per 150- square feet for restaurant with drive-through 38, for 7,560-square feet using 1 parking space per 200-square feet for restaurant, bank/financial institution(no drive-up service),emergency healthcare, office(medical and dental) 31,for 7,560-square feet using 1 parking space per 250-square feet for retail sales,beauty/barber shop, convenience store (with no fuel service), drugstore, food and beverage sales, hardware store, health clubs, spas, weight reduction salons, office (business and professional), personal improvement, personal services,travel services 19, for 7,560-square feet using 1 parking space per 400-square feet for catering service, laundry(with no drive-up service),printing and/or blueprinting 16, for 7,560-square feet using 1 parking space per 500-square feet; plus, minimum of 2 enclosed vehicle storage spaces for emergency services 8, for 7,560-square feet using 1 parking space per 1,000-square feet for artist studio Page 3 of 20 K:\Planning Dept\Eagle Applications Or\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thiu in Bridges at Lakemoor ccf.docx L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1)building to be utilized as a multi-tenant retail/restaurant building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately thirty-six feet six inches (36' 6") high single-story structure. Gross Floor Area of Proposed Buildings: The proposed multi-tenant retail/restaurant building is approximately 7,560-square feet. On and Off-Site Circulation: A 32,623-square foot(approximately) paved parking lot provides parking for vehicles using this site. One 27-foot wide and one 32-foot wide shared driveways are located near the east property line and provide access to the shared north/south drive aisle within The Bridges at Lakemoor development.The 32-foot wide shared drive aisle provides access to East Colchester Drive. M. BUILDING DESIGN FEATURES: Proposed Building Design:Modern Farmhouse to comply with The Bridges at Lakemoor"Commercial Design Guidelines" Roof: Standing seam metal(1603 BM Graphite) Walls: Wood siding(Cedar), brick veneer(OC-40 Albescent), fiber cement horizontal siding(OC-40 Albescent), steel(1603 BM Graphite), fiber cement panel(1603 BM Graphite) Windows/Doors: Aluminum(Black anodized) Fascia/Trim: Steel(OC-40 Albescent) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are approximately 28 trees located on this site. The applicant is proposing to remove 8 trees and retain and protect the remaining 20 trees. Below is a list of all existing trees on the site as identified on sheet L 100,date stamped by the City on October 19,2022. Tree Specie Caliper/ Condition Remove/ Replacement Height Retained Inches/Feet per ECC Crabapple(4) 20" Good Retain N/A [Note 4] Japanese 10" Good Retain N/A Zelkova(1) [Note 6] Arborvitae(2) 37' Good Retain N/A [Note 7] Arborvitae(2) 45' Good Remove 45' [Note 8] Spruce(2) 58' Good Remove 58' [Note 9] Fir(1) 20' Good Remove 20' [Note 10] Page 4 of 20 K:\Planning Dept\E.agle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf docx Birch(6) 48" Good Retain N/A [Note 12] Sumac(3) 8" Good Retain N/A [Note 13] Spruce(3) 65' Good Retain N/A [Note 14] Birch(2) 13" Good Remove 13" [Note 15] Crabapple(1) 4" Good Remove 4" [Note 16] Total caliper inches/feet of trees required to be replaced 17" on site 123' Total caliper inches removed from the site 17" 123' Total caliper inches proposed for mitigation 16" 210' Tree Replacement Calculations:The applicant is proposing to plant an additional 8,2-inch caliper trees and 35, 6-foot-tall evergreens to mitigate for the approximately 17-caliper inches of deciduous trees and 123-feet of evergreen trees. See discussion on page 12 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: There are existing street trees located along East Colchester Drive that will be protected and retained. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. O. TRASH ENCLOSURES: One (1) 200-square foot trash enclosure is proposed to be located near the south property line. The enclosure is proposed to be constructed of CMU walls with stucco overlay and metal gates;all of which will match the colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed,and none are approved. Page 5 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22'Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccfdocx Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location and detailed lighting cutsheets showing the style, color,height, illumination type,wattage,etc.was received and complies with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any,that the applicant could take to obtain approval. Page 6 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf docx 2. General Standards For Design Review: The Zoning Administrator, Design Review Board,or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential.Residential densities within the designation are up to 20 units per acre but density will be determined on a site by site basis.Uses should complement and not take away from downtown Eagle.Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.5 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement,the Property can be developed and used consistent with the Mixed Use District land uses allowed by Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," existing at the time a design review application or conditional use permit application(whichever Page 7 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22'Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf docx the case may be) is made for individual building use. All uses show as"P"permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as"C"conditional uses under the MU zoning designation shall require a conditional use permit,except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown as"C"conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations,"shall be permitted uses on the Property: - Commercial Entertainment Facility(Indoor) - Microbrewery - Retail Sales(General) - Retail Sales(Limited) In addition,no more than two(2)Restaurants(with drive-through)use(shown at Shops 3 and Pad 1)on the Concept Plan,Exhibit B)which is prohibited within said section of Eagle City Code and on the entire Property,as noted above shall be permitted. Such restaurant(with drive through)shall be associated with a fast casual restaurant or coffee shop 3.5.1 Owner shall provide a minimum forty-eight(48")buffer(berm,decorative block wall, cultured stone,decorative rock,or similarly designed concrete wall)between the drive through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive-through lanes(i.e.vehicle headlights and vehicle cueing). 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(B)(2): Roofs: e. Metal; standing seam,batten seam(concealed fasteners required); Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road. Page 8 of 20 K.\Planning Dept\Eagle Applications\Dr\2022'Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf docx • Eagle City Code Section 8-2A-7(C): Retention,Removal,and Replacement of Existing Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted.For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8")caliper deciduous tree is removed,an acceptable replacement would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12') tall coniferous tree is removed,an acceptable replacement would be two(2)six feet(6') tall coniferous trees. b. When a homeowners association or its agent removes tree(s)from a subdivision common area to appropriately thin an overgrown canopy,replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar,cottonwood,willow,tree of heaven,elm,and silver maple. Trees which are weak wooded,weak branched, suckering,damaged, diseased, insect infested,or containing similar maladies may be exempt from replacement if removal is first approved by the city. d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section 8-1-2 of this title,the tree(s)may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches,or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line,whichever is furthest from the trunk. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 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. Page 9 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf.docx 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 residential activity or public street right of way,a five foot(5')wide by six foot (6')high landscaped buffer is required. 4. Parking Lot Interior Landscaping: b. Additional Requirements: (1) No interior planter shall be less than five feet(5')in any dimension. (2) No parking space shall be more than sixty feet(60')from an interior landscaped area. (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass. • Eagle City Code Section 8-2A-10: Application Requirements: Prior to application for a permit to erect, construct,alter,move,remodel,reface or repaint or otherwise change the use of the building or structure in the Design Review Overlay District,the applicant must file an application,upon a form prescribed by the Council,with the Zoning Administrator.All application materials supplied or presented to the City including presentation boards,materials boards and documentation are part of the public record and shall become the property of the City.The applicant may be required to supply the City with colored photos of the presentation boards if determined by the Zoning Administrator. The size of the photos shall be determined by the Zoning Administrator and the boards may be returned to the applicant if the photos are provided to the City. Design review applications for any commercial building larger than one hundred twenty(120) square feet shall be prepared by or under the responsible control of a licensed architect,unless exempted under Idaho Code, section 54-309(2),with said plans to be duly stamped to clearly identify the preparer. D. DISCUSSION: • The applicant is requesting design review approval for a 7,560-square foot multi-tenant retail/restaurant building with drive through. The applicant's justification letter states that the building has been design with the modern farmhouse architectural style as permitted within the "Commercial Design Guidelines" within the Bridges at Lakemoor development agreement. The materials proposed include metal roofing,brick,fiber cement siding,and wood which are consistent with the materials utilized in the construction of the existing buildings within the development. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. Page 10 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf docx • The landscape plan shows a combination of Crimson Pygmy Japanese Barberry, Green Velvet Boxwood, Green Spire Japanese Euonymus, Silver King Euonymus (4' tall at planting), and Double Knock Out Rose shrubs along the west property line adjacent to the drive through lane and car queuing. - 3 RR RR(4. 3) R v • �{6 F, vF� ,• 4 .�, (8)BG 3)EU :11.);., -. :, BG(8 0►e'/t• O9o a ki trIllo pOTOT 0, it,:0 1:5 a I S/* e.lip .=„4,0 1.. C1" ' ,.1)L )RR ES(l3_,.... O .4)RR j in °fir•• ''1)RG yJ p .' % 4:.• 0 RR(2 1VP.r EU 13}�.lJ /"1)B 1)RG BG I61 EU "�� RR(S �(2 EU(4 ES(3 ES(1 ;GA (3 EU(3 moo, 8 r �i 4)ES ES(42)LF ,� L. 00O,.ippi RR(1 �12 � ri /r ' �0'DO6,';6O Gtl iGO . i,i 641r 41,� V� EU(2 EU 413 // T 'V r10y'A' ;- I-1.}'48'O® i '0/0 t1 041./.3_:u pp 4. it / ..•b8 � - t• 4164, rr• •//,r,rt ; 0 Cke* .W 2)BC Ell 13 O i i/�i/t `cell r ," ,. 1)BP 14 RG(4r i��'I.4) t // , 4)AG m ny 4). 2)� / Existing Landscaping along South Eagle Road Lookin. South ,frt f r 11 i r X, .-- _ Page 11 of 20 K:\Planning Dept\Eagle App)ications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg wdrive thru in Bridges at Lakemoor ccf docx Lookin r North ,- 0 ��TT t y Rom.. ,A #-, -,v.,t i It' y-7 ¢ b µ a t gy ) ai ` .) ..,D r Y` 4v . , Y w Development agreement condition 3.5.1 requires a 48-inch buffer(berm,decorative wall, cultured stone, decorative rock, or similarly designed concrete wall) between the drive-through lane and adjacent roadway. Staff defers comment regarding the proposed screening for the drive-through area to the Design Review Board. • Sheet A201 shows the building roof material to be metal. Pursuant to Eagle City Code Section 8- 2A-6(B)(2),metal roofing is required to have concealed fasteners.The applicant should be required to provide revised building elevations showing the metal roof to have concealed fasteners. The revised building elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • There are 28-existing trees on the site.The applicant is proposing to remove 8-trees and protect and retain the remaining 20-trees. The required mitigation for the trees proposed for removal is 17- caliper inches (deciduous)and 123-feet(conifer). The applicant is proposing to add an additional 8, 2-inch caliper trees throughout the site and add 35, 6-foot-tall conifer trees (including 18 Sky Rocket Junipers located along East Colchester Drive)to mitigate for the trees. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a),existing trees are required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A- 7(C)(2)(a),for each caliper inch of deciduous tree removed,an equivalent amount of caliper inches is required to be replanted and for each vertical foot of coniferous tree removed, an equivalent amount of vertical feet is required to be replanted. Staff defers comment regarding the removal of the 8 trees to the Design Review Board. If the City approves the removal of the trees and accepts the proposed tree mitigation,no additional trees are required. -OR- If the City approves the removal of the trees and does not accept the proposed mitigation,the applicant should be required to provide a revised landscape plan showing the required 17-caliper inches and 123-feet of mitigation with changes requested by the Design Review Board. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the submittal of a final plat application. -OR- Page 12 of 20 K:\Planning Dept\F.agle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Budges at Lakemoor ccf does If the City approves the removal of the trees and does required mitigation,the applicant may opt to pay an in-lieu fee into the tree fund in the amount of$10,355.00(17-caliper inches x $175.00/per caliper inch and 123-feet x$60.00/foot). The payment to the tree fund should be received by the City prior to the submittal of a final plat application. -OR- Any other combination of planting additional trees on site and/or a contribution to the tree fund as may be approved by the City. A revised landscape plan and/or contribution to the tree fund should be reviewed and approved and/or submitted to the City prior to the submittal of a final plat application or commencement of any construction/demolition on the site,whichever occurs first. • Sheet L100 shows a trash enclosure proposed near the south property line landscaped with Crimson Pygmy Japanese Barberry on the south side,utilities located to the east and landscaped with Green Spire Japanese Euonymus,and no landscaping proposed on the west side. BG (3 2)RR AM* 4)EU © istA . • © BC(22) i , R QkrliO d 4 r dt Pursuant to Eagle City Code Section 8-2A-7(J)(2)(c), a five foot wide by six foot high landscape buffer is required on all three sides of the trash enclosure. The applicant should be required to provide a revised landscape plan showing a five foot wide by six foot high landscape buffer on the west, east, and south sides of the trash enclosure. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Sheet L100 shows interior landscape islands that are a part of the patio area and do not have landscaping. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b),a terminal island is required to be planted with one tree and shrubs,ground cover,or grass. ,a • • • 00 , • O ♦ f • yO WiT 1 r: '•Y I Page 13 of 20 K:\Planning Dept\Eagle Applications'Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor cef.docx The applicant should be required to provide a revised landscape plan showing one tree and shrubs, ground cover, or grass in all interior landscape islands. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The building elevations provided by the applicant are not stamped by a licensed architect.Pursuant to Eagle City Code Section 8-2A-10,plans are required to be prepared by or under the responsible control of a licensed architect and duly stamped to clearly identify the preparer. The applicant should be required to provide revised building elevations that are stamped by a licensed architect. The building elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Staff defers comment regarding building design,materials,and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on October 27,2022, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the building design,materials,and colors as presented. • The Board is in favor of the proposed landscaping with the site specific conditions of approval and the proposed drive through screening. • The Board is in favor of the proposed tree mitigation the applicant has submitted. • The Board request details of the patio fencing that would be installed by any future tenants. BOARD DECISION: The Board voted 5 to 0(Grubb and Duperault absent)to recommend approval of DR-60-20 for a design review application for a multi-tenant retail/restaurant building with drive through in The Bridges at Lakemoor,with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated November 10,2022. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on December 13,2022,at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-60-20 for a design review application for a multi-tenant retail/restaurant building with drive through in The Bridges at Lakemoor,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-05-02 and all subsequent modifications. 2. Provide revised building elevations showing the metal roof to have concealed fasteners. The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 14 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w drive thru in Bridges at Lakemoor ccf docx 3. The City approves the removal of the trees and accepts the proposed tree mitigation, no additional trees are required. 4. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer on the west, east, and south sides of the trash enclosure. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing one tree and shrubs, ground cover, or grass in all interior landscape islands including the terminal islands located adjacent to the patios on the southeast and northwest corners 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. 6. Provide revised building elevations that are stamped by a licensed architect. The building elevations shall be reviewed and approved by staff 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 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 Ash trees changed to another specie. 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. 15. Provide a detail of future patio fencing that will be installed by any future tenants(if applicable). The patio fence detail shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide an approval letter from the Eagle Fire Department for the revised site plan presented at the Design Review Board meeting, date stamped by the City October 27,2022,to address the turnaround or alternate access of 150-feet and use of grasscrete pavers. The approval letter shall be received prior to the issuance of a zoning certificate. 17. Provide revised building elevations showing the metal roof color on the silo to be Graphite.The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. Page 15 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thni in Bridges at Lakemoor ccfdocx 2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 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, Page 16 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccfdocx whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit 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 Page 17 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-dnve dim in Bridges at Lakemoor ccf.docx 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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations",and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and comply with all rules,regulations,ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code(one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-60-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: Page 18 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor cctdocx A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a multi-tenant retail/restaurant building with drive through is permitted with the approval of a design review application within the MU-DA (Mixed Use with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed multi-tenant retail/restaurant building with drive through is designed to be harmonious with the existing buildings within the development and designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site exceeds the required parking for a multi- tenant retail/restaurant building; 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 the building has been designed with quality materials and has been designed to 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 building is in conformance with the development agreement commercial design guidelines; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building is in conformance with the required setbacks and height restrictions permitted 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 there are pathways throughout the development and the parking lot has been designed with connectivity to the public streets; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area since the site has been designed with walkways that will connect to the overall development and adjacent public streets; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. Page 19 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thin in Bridges at Lakemoor ccf.docx DATED this 13t day of December 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Ja •n Pi•rce,Mayor AT EST: .. 2in �•�'`�p,GLE 41 Tracy E. Os. , gle City Clerk - • : p OOOOOO STAR Page 20 of 20 K:\Planning Dept\Eagle Applications\Dr\2022\Multi Tenant Bldg in Bridges at Lakemoor DR-60-22\Multi-tenant Bldg w-drive thru in Bridges at Lakemoor ccf.docx