Findings - DR - 2017 - DR-26-17 - Construction Of A Multi-Tenant Retail/Restaurant Building In Tennis Club Subdivision No 1BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT A
MULTI -TENANT RETAIL/RESTAURANT
BUILDING WITHIN TENNIS CLUB
SUBDIVISION NO. 1 FOR RENNISON
COMPANIES, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -26-17
The above -entitled design review application came before the Eagle Design Review Board for their
consideration on July 13, 2017. The Board continued the application to July 27, 2017, and made their
decision at that time. 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:
Rennison Companies, Inc., represented by Walter Lindgren with Lindgren:Labrie Architecture, PPLC,
is requesting design review approval to construct a 5,976 -square foot, one story, multi -tenant
retail/restaurant building. The 0.64 -acre site is located on the northeast corner of East Riverside Drive
and South Edgewood Lane at 1592 East Riverside Drive within Tennis Club Plaza Subdivision No. 1.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 8, 2017. Supplemental information
(revised building elevation) was received on June 29, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 16, 2017, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22, 2007, the City Council approved an annexation and rezone from RUT (Rural Urban
Transition — Ada County designation) and MU (Mixed Use) to MU -DA (Mixed Use with Development
Agreement) for Cornerstone Group, LLC (A-18-06/RZ-24-06).
On July 24, 2007, the City Council approved a preliminary plat for Eagle Gateway South Subdivision
for Cornerstone Group, LLC (PP -21-06).
On October 16, 2007, the City Council approved a design review for the common area landscaping for
Eagle Gateway South Subdivision for Cornerstone Group, LLC (DR -33-07).
On June 10, 2008, the City Council approved a modification to the development agreement to change
a "Hotel" use (shown as "C" conditional use under the MU zoning designation within Eagle City Code
Section 8-2-3 "Official Schedule of District Regulations") to a permitted use on the property associated
with Eagle Gateway Subdivision for Eagle Gateway South, LLC (RZ-24-06 MOD).
On September 23, 2008, the City Council approved a modification to the development agreement and
associated exhibits within the development agreement to allow for an overall building height of 39 -
feet, decorative parapet walls of 46 -feet, entrance parapet height of 48 -feet, and an entryway feature
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height of 58 -feet. The modification also approved a digital reader board not to exceed two hundred
square (200) feet (RZ-24-06 MOD2).
On July 28, 2008, the City Council approved a parcel division for Cornerstone Group, LLC (PD -02-
08).
On September 23, 2008, the City Council approved a modification to the development agreement for a
building height exception and allow for a digital reader board associated with a movie theater (RZ-24-
06 MOD2).
On October 7, 2008, the City Council approved a design review application for a movie theater for
Riverwood Cinemas for Ogden Entertainment (DR -54-08).
On June 25, 2013, the City Council approved a modification to the development agreement and
associated exhibits within the development agreement to allow for a Commercial Entertainment Facility
(Tennis and outdoor recreational facility), Nursing/Convalescent Home, and a building height
exception for the tennis facility not to exceed 45 -feet in height and a height exception for a hotel to not
exceed 60 -feet in height (RZ-24-06 MOD3).
On June 27, 2013, the Design Review Board approved a design review application for a commercial
entertainment facility for the Eagle Tennis Facility (DR -19-13).
On January 9, 2014, the Design Review Board remanded the design review application to modify a
commercial entertainment facility for the Eagle Tennis Facility to staff (DR -19-13 MOD).
On January 28, 2014, the City Council approved a preliminary plat application for Tennis Club Plaza
Subdivision (PP -13-13).
On March 27, 2014, the Design Review Board approved a design review application to modify a
commercial entertainment facility for the Eagle Tennis Facility (DR -19-13 MOD2).
On June 25, 2015, the Design Review Board approved a design review application to modify a
commercial entertainment facility for the Eagle Tennis Facility (DR -19-13 MOD3).
On July 14, 2015, the City Council approved a final plat application for Tennis Club Plaza Subdivision
No. 1 (FP -17-14).
On March 24, 2016, the Design Review Board approved a design review application to construct a
2,180 -square foot restaurant with drive-through for Starbucks within Tennis Club Plaza Subdivision
No. 1 (DR -17-16).
On June 23, 2016, the Design Review Board approved a design review application for a master sign
plan for East End Riverside (DR -35-16).
On June 29, 2016, the City approved a design review application to modify the green screens proposed
on the Eagle Tennis Club Facility (DR -19-13 MOD4).
On August 10, 2016, the City approved a design review application for the common area landscaping
within Tennis Club Plaza Subdivision No. 2 (DR -19-13 MODS).
E. COMPANION APPLICATIONS: DR -27-17 (master sign plan)
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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 a Vacant lot within Tennis
development agreement) Club Plaza Subdivision
No. 1
Proposed No Change No Change Multi -tenant
Retail/Restaurant Building
North of site Mixed Use MU -DA (Mixed Use with a Starbucks
development agreement)
South of site Mixed Use MU -DA (Mixed Use with a Medical Office Building
development agreement) within Deuce Subdivision
East of site Mixed Use
West of site Mixed Use
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with a
Development Agreement)
Vacant lot within Tennis
Club Plaza Subdivision
No. 1
Vacant lot within
Lonesome Dove
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has been developed with sidewalk and parkway planter strip with street trees adjacent to South
Edgewood Lane and East Riverside Drive.
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.64 -acres (27,878 -square feet) 5,000 -square feet
Percentage of Site Devoted 22% (approximately) 60% (maximum)*
to Building Coverage
Percentage of Site Devoted 16% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 37 -parking spaces 37 -parking spaces (minimum)
Front Setback 27 -feet (North) 7.5 -feet (minimum)*
Rear Setback 14 -feet (South) 7.5 -feet (minimum)*
Side Setback 68 -feet (East) 0 -feet (minimum)*
Side Setback 7.5 -feet (West) 7.5 -feet (minimum)*
*Setbacks and lot coverage required are from the Development Agreement - Eagle Gateway South MODS (RZ-24-06 MODS)
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J. PARKING ANALYSIS:
Gross Floor Area of Proposed Commercial Building: 5,976 -square feet
Restaurant —
Retail —
1/150 square feet 4,750/150 square feet = 31.6 parking spaces
1/250 square feet 1,226/250 square feet = 4.9 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 150 -square feet of gross floor area for
restaurant and 1 parking space per 250 -square feet of gross floor area for retail:
Proposed Parking Spaces: 37
Required Parking Spaces: 37 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Restaurant" and "Retail")
K. 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: 281 ', single -story.
Gross Floor Area of Proposed Buildings: 5,976 -square feet.
On and Off -Site Circulation:
A 6,761 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 24 -foot wide shared driveway is located on the north property line and connects to one 34 -foot
wide drive aisle located east of the site that provides access to East Riverside Drive.
L. BUILDING DESIGN FEATURES:
Roof: Single ply membrane (white), metal (clear anodized, galvalume)
Walls: Stucco (Roycroft Mist Gray and Garden Sage), faux wood metal (Timber Ash and Cedar)
Windows/Doors: Aluminum (clear anodized)
Fascia/Trim: Metal (Roycroft Pewter)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing street trees that will be
protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along South Edgewood Way and East Riverside Drive.
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: 8% interior landscaping is required, 14% is proposed.
N. TRASH ENCLOSURES:
One (1) 247 -square foot trash enclosure is proposed to be located east of the building at the south end
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of the parking lot. The enclosure is proposed to be constructed of CMU walls with stucco skim coat
and two (2) metal gates; all of which will match the materials and colors used in the construction of
the building.
O. 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.
P. OUTDOOR LIGHTING:
Q.
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.
SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -27-16) has
been submitted for the approval of a master sign plan for the site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED: None.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain — yes, 100 -year
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Central District Health
Eagle Fire Department
Tesoro Logistics NW Pipeline
X. LE I"PERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Residential Four
Suitable primarily for single family residential development within an urbanized setting. An
allowable density of up to 4 units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• 3.4 Mixed Use/Office/Retail Commercial Buildings
Front 7.5 feet (allows canopies, awnings, etc, to encroach) (typ. at west
End of Riverside Drive near Edgewood and along Edgewood)
Rear 10 feet
Interior Side 0.0 feet
Street Side 7.5 feet (allows canopies, awnings, etc. to encroach)
Maximum Coverage: 60%
• 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:
• Bar
• Hotel
• Retail Sales
• Commercial Entertainment Facility (Tennis and outdoor recreational facility)
• Nursing/Convalescent Home
• Coffee Shop (with drive-through) to be located at the northwest corner of the Property.
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)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
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appearance. These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the building
oriented toward the road.
A waiver of this subsection B lk on metal siding may be allowed where the applicant shows that
the metal is architecturally compatible with surrounding buildings; is architecturally compatible
with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to
eliminate the stark utilitarian look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B lk, metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
• 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.
• Eagle City Code Section 8 -2A -6(B)(3): Fences
a. Block (with columns), which may include brick, rock, stone or similar veneer;
b. Brick (with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
• Eagle City Code Section 8 -2A -6(B)(5): Colors:
5. Colors:
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c. Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of
the building.
• Eagle City Code Section 8-2A-7(k)(4)(b):
(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(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.
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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 (17').
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.
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D. DISCUSSION:
• The applicant is requesting design review approval to construct a one story, 5,976 -square foot
retail/restaurant building. The applicant's justification letter indicates the architectural style of the
building is Mediterranean style, which is one of the nine architectural styles identified within the
EASD book. Stucco and faux wood metal siding is proposed on the exterior of the building and
the building has planer change throughout the perimeter of the building. The elevation plans,
dated stamped by the city on June 29, 2017, show metal siding proposed on the exterior walls
from the ground to the rooftop on the north and south elevations and used as accents above 11 -
foot on the east and west elevations. The metal siding is proposed on the west elevation that faces
South Edgewood Way, south elevation that faces East Riverside Drive, and north elevation that
will be viewable from State Highway 55. Pursuant to Eagle City Code, metal siding is prohibited
on elevations that face the street, however, a waiver may be granted if the applicant shows: 1) the
metal is architecturally compatible with surrounding buildings, 2) is architecturally compatible
with other nonmetal building in the city, and 3) is attractively landscaped, designed, and situated,
to eliminate the stark utilitarian look. In addition, staff is concerned about the durability of the
metal siding adjacent to walkways, doorways, and the proposed cafe areas specifically on the
south elevation. Staff defers comment regarding the use of metal siding to the Design Review
Board.
• The site and landscape plans identify two (2) future sidewalk cafes/patios with optional patio
fencing but does not identify what type of fencing is proposed. The applicant should be required
to provide a fence detail for all proposed cafe/patio fencing located on the northwest and
southeast corners of the building. The fence detail should be reviewed and approved by staff prior
to the installation of any fencing.
• The elevation plans identify the roof material as slim seam metal roofing, but does not specify
whether it has concealed or exposed fasteners. Pursuant to Eagle City Code 8 -2A -6(B)(2), metal
roofing is required to have concealed fasteners. The applicant should be required to provide
revised elevation plans indicating the metal roof will have concealed fasteners. The revised
elevation plans should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The landscape plan shows an interior terminal island without a tree proposed on the north side of
the building 16 -feet east of the west property line adjacent to the parking spaces. Pursuant to Eagle
City Code 8-2A-7(K)(4)(B)(5), interior terminal islands are required to have one tree and shrubs.
The applicant should be required to provide a revised site plan showing the addition of one tree in
the terminal island located on the north side of the building 16 -feet east of the west property line
adjacent to parking spaces. The revised landscape plan should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
• The site and landscape plans do not identify the location of any proposed site or building lighting.
The applicant should be required to provide a revised site and landscape plan identifying the
location of all site and building lighting and provide detailed cut sheets of all building and site
lighting identifying the style, material, color, illumination type, lumen output, height, etc., for
review and approval by staff prior to the issuance of a zoning certificate.
• The applicant is proposing retail and restaurant uses within the multi -tenant building. The site is
zoned MU -DA (mixed use with a development agreement). Pursuant to Eagle City Code section
8-2-3, a restaurant without drive-through use is a permitted use within the zone and a retail sales
use requires a conditional use in the zone. The development agreement associated with the site
states that a retail sales use is a permitted use for the site, therefore, it does not require a
conditional use permit.
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• The applicant has identified the architectural style of the building as Mediterranean. The proposed
exterior materials are stucco (Roycroft Mist Gray and Garden Sage), faux wood metal (Timber
Ash and Cedar), single play membrane and metal roof (white and galvalume), and metal trim
(Roycroft Pewter).
Along with the building being required to fit within one of the nine architectural styles within the
Eagle Architectural Site Design book, the building needs to be of a scale, intensity, and character
that is in harmony with the existing buildings surrounding it. There is a Starbucks building to the
north of the site (DR -17-16, see Exhibit A attached hereto). The Starbucks building's exterior
materials include reclaimed barn wood siding (multi -colored), split face CMU (Mojave), stucco
(fiery brown, requisite gray), metal coping (colonial red), and membrane roof (grey). There is a
medical office building under construction to the south of the site (DR -47-16, see Exhibit B
attached hereto). The exterior materials include EFIS (Snowbound), Fiber Cement Board
(Summer Wheat), metal siding (Charcoal), Accent (Bohemian Black), Fiber cement board trim
(Summer Wheat), and single ply membrane and fiberglass shingle (Pewter gray, white single
ply). There is a multi -tenant office/retail building approved to the south of the site (DR -15-17, see
Exhibit C attached hereto). The exterior materials include EFTS (Wedding Veil), Cultured Stone
Veneer (Sage), Fiber Cement Board and prefinished metal sidings (Aspen Ridge and Dark
Bronze), and Single ply membrane and fiberglass shingle roofing (white and Pewter Gray).
Staff defers comment regarding the scale, intensity, and character of the building in relation to the
other buildings in the area to the Design Review Board.
• Staff defers comment regarding building design and colors to the Design Review Board.
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 July 13, 2017. The
Board continued to the application to July 24, 2017, at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0 (Grubb and Koci absent) to approve DR -26-17 for a design review application to
construct a multi -tenant retail/restaurant building within Tennis Club Subdivision No. 1 for Rennison
Companies, Inc., with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board and text shown with
strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of Tennis Club Plaza Subdivision (PP -13-13 & FP -17-14).
2. Comply with all applicable conditions of RZ-24-06 MOD3 and RZ-24-06 MODS.
3. The elevation nlans. date stamped by the city on July 27. 2017. are approved.
c) o est and utl.
and-s3btk £ cs' =7✓s}'!a1
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4. Provide a fence detail for all proposed cafes/patio fencing located on the northwest and southeast
corners of the building. The fence shall be the same material and color to match the stain used on the
tower element siding. The fence details. material. and color shall be reviewed and approved by staff
and one member of the Design Review Board prior to the installation of any fencing.
5. Provide revised elevation plans indicating the metal roof will have concealed fasteners. The revised
elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
6. Prari�-;.1/4c•: sed -sib p4 Lityx • . - . - - -• - -• - , _ - .ina: i
1-andscap• pkze. shall l
o The -reed
7. Provide a revised site and landscape plan identifying the location of all site and building lighting and
provide detailed cut sheets of all building and site lighting identifying the style, material, color,
illumination type, lumen output, height, etc., for review and approval by staff prior to the issuance of
a zoning certificate.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application and none are approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
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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,
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.
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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
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
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elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from 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 -26-17) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a multi -tenant retail/restaurant building is permitted with the approval of
a design review application within the MU -DA (Mixed Use with a development agreement) zoning
district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the building is designed to complement the general
vicinity and provide aesthetically pleasing architecture to enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a
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retail/restaurant building and the drive aisles have been design in conformance with Eagle City
Code 8-4-5;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials and similar features utilized on other
buildings within the development and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building has similar features utilized on other building within the development and is in
conformance with the Eagle Site and Architecture Design manual;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the parking lot has been
design 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; and
I. No signs are proposed with this application. A separate design review application (DR -27-17) has
been submitted for the master sign plan criteria for the entire site and the 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.
DATED this 10th day of August 2017.
DESIGN REVIEW BOARD
OF TH� ITY OF EA .E
Ada • my (Idaho l
Ro • ert Grubb, ClWairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
zv o i Q•
•••••••naso
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