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Findings - CC - 2023 - DR-59-14 MOD - Design Revoew For A Modification To The Proposed Streetscape And Building Elevations For A Commercial/Residential Building BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO ) THE PROPOSED STREETSCAPE AND ) BUILDING ELEVATIONS FOR A COMMERCIAL/) RESIDENTIAL BUILDING FOR ) YESTERDAY PROPERTIES,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-59-14 MOD The above-entitled design review application came before the Eagle City Council for their action on February 14,2023. 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: Yesterday Properties, LLC, represented by Walter Lindgren with Lindgren Labrie Architecture, is requesting design review approval to modify the streetscape along North 2nd Street and to make minor modifications to the commercial/residential building. The 0.17-acre site is located on the southeast corner of North 2nd Street and East Idaho Street at 166 North 2nd Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 3, 2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 14, 2022, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 8,2015,the Eagle Design Review Board approved a design review application for a multi- tenant commercial building and two residential apartments(DR-59-14). On January 8,2015,the Eagle Design Review Board approved a design review sign application for the master sign plan criteria for this building(DR-60-14). On January 26, 2016, the Eagle City Council approved a one (1) year extension of time for a multi- tenant commercial building and two residential apartments(EXT-05-15). On December 19,2016,the City of Eagle approved a one(1)year extension of time for a multi-tenant commercial building and two residential apartments(EXT-12-16). On November 20,2017,the City of Eagle approved a one(1)year extension of time for a multi-tenant commercial building and two residential apartments(EXT-09-17). On December 14,2018,the City of Eagle approved a one(1)year extension of time for a multi-tenant commercial building and two residential apartments(EXT-08-18). On December 17,2019,the City of Eagle approved a one(1)year extension of time for a multi-tenant commercial building and two residential apartments(EXT-14-19). Page 1 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf docx On May 31, 2022, the City of Eagle enter into a cross access and through access agreement with the developer for cross access and through access with this site and surrounding sites(DR-59-14). E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Residential dwelling District) Proposed No Change No Change Commercial/Residential Units North of site Downtown CBD(Central Business Single Family Residential District) South of site Downtown CBD(Central Business Commercial/Apartment District) East of site Downtown CBD(Central Business Eagle Senior Center District) West of site Downtown CBD(Central Business Commercial/Apartment District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA(Transitional Development Area)overlay district. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: There is an existing residential dwelling and several existing trees located on this site. Page 2 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx J. SITE DATA:No Change. SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.17-acres(7,440-square feet) 0.01-acres(500-square feet— minimum) Percentage of Site Devoted 56%(approximately) 20%(minimum)* to Building Coverage 85%(maximum)* Percentage of Site Devoted 19%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 11-parking spaces total 10-parking spaces(minimum) 7-parking spaces on-site Including 2-covered parking 4-covered parking spaces spaces for residential 4-parking spaces on 2nd& Idaho apartments Streets Front Setback(West) 0-feet** 10-feet(minimum)* 25-feet(maximum)* Rear Setback(East) 28-feet 0-feet(minimum) Side Setback(North) 0-feet 0-feet(maximum)* 10-feet(maximum)* Side Setback(South) 6-feet 0-feet(maximum)* 10-feet(maximum)* *Note:Required lot coverage and setbacks when located within the TDA. **Note:Setback previously approved by the Design Review Board on January 8,2015(DR-59-14). K. PARKING ANALYSIS: Gross Floor Area of Proposed Commercial: 2,423-square feet 4.8-parking spaces for 2,423-square feet using 1-parking space per 500-square feet for commercial uses within the TDA. Apartment or multi-family dwellings—For each unit with 2 or more bedrooms—2 including 1 covered; 0.25-spaces per unit for guest parking=4.5-parking spaces(including 2-covered parking spaces) • Eagle City Code Section 8-4-5 requires 1 parking space per 500-square feet of gross floor area for retail in the TDA and 2 parking spaces required plus 0.25 guest parking for units with 2 or more bedrooms: Proposed Parking Spaces: 11 Required Parking Spaces: 10 (including 4 covered parking spaces, 0.50 quest parking spaces, and 4- onstreet parking spaces)(calculated based upon the above use identified in Eagle City Code Section 8- 4-5: "Retail Sales"and"Apartment and multi-family dwellings") Page 3 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf docx L. GENERAL SITE DESIGN FEATURES:No Change. Number and Uses of Proposed Buildings: One building to be used for commercial and two residential apartments. Height and Number of Stories of Proposed Buildings: 29' 3"in height; two stories. Gross Floor Area of Proposed Buildings: First floor= 4,144-square feet Second floor= 4,384-square feet Total= 8,528-square feet On and Off-Site Circulation: A 1,890-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 20-foot wide driveway is proposed to be located on the east side of this site providing access to the parking area located behind the Eagle Senior Citizens Center located to the east of this site. One 24-foot wide driveway is proposed to be located on the south side of this site providing access to the parking area located behind the commercial/residential building located to the south of this site. M. BUILDING DESIGN FEATURES: Proposed Building Design: Italianate Roof: Single ply roofing system(White) Walls: Stucco (Morris Room Gray, Roycroft Mist Gray), Fiber Cement Board (Acanthus, Dutch Tile Blue,Ivory Lace),Brick(Tribecca) Windows/Doors: Metal windows and doors(Dark Gray and Chinese Red) Fascia/Trim: Stucco (Morris Room Gray, Roycroft Mist Gray) and Fiber Cement Board (Acanthus, Dutch Tile Blue,Ivory Lace) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are three existing trees adjacent to North 2nd Street that the applicant is requesting to remove. Tree Specie Caliper/ Condition Remove/ Replacement Height Retained Inches/Feet per ECC Sweetgum 27" Poor, competing for space, Remove 27" topped Oak 30" Poor, stem girdling surface roots, Remove 30" topped Maple 28" Poor, split leader,topped Remove 28" Total caliper inches/feet of trees required to be replaced on site TBD by the Design Review Board and City Council Total inches removed from the site 85" Total caliper inches proposed for mitigation 0" Tree Replacement Calculations: The applicant is not proposing to plant any additional trees to mitigate for the 85-caliper inches of trees being removed from the site. See discussion on page 12 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Page 4 of 19 K.\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx Street Trees: The applicant is proposing four street trees along the frontage of this development(two on North 2°d Street and two on East Idaho Street). Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping:No Change. a. Perimeter Landscaping: Perimeter landscaping is proposed on the north and only a portion of the east perimeter because cross access is proposed to both the south and east. b. Interior Landscaping: 5% interior landscaping is required, 10% is proposed. O. TRASH ENCLOSURES:No Change. No trash enclosures are proposed with this application. The trash tots are proposed to be located within the garages for the residential units and within the trash/storage area for the commercial uses. P. MECHANICAL UNITS: No Change. The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are proposed to be screened from view by the parapet walls. No ground mounted units are proposed and none are approved. Q. OUTDOOR LIGHTING:No Change. 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. R. SIGNAGE:No Change. No signs are proposed with this application. A separate design review application(DR-60-14)has been approved for the master sign plan criteria for this building. 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 Page 5 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx 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 Eagle Fire Department Eagle Park,Pathway,and Recreation Eagle Sewer District Idaho Transportation Department 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. 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. Page 6 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx 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 14, 2017), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi-public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged.Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential,Commercial and Professional Office. 6.17.3 Olde Towne Planning Area Olde Towne Eagle should maintain the quaint feel of a traditional town center;as the active community center and community gathering place for the City. The character of Olde Towne is generally defined by its pedestrian-scale(attached sidewalks, store fronts with large windows at the sidewalk, and open space amenities), ensuring context sensitive design complementing the most significant historic structures.A traditional mix of retail,residential,office,and public uses is to be maintained.State Street should be the focus for the highest intensity of uses in the area(See Figure 6.21). Nino 6.23:Okde Towne Planning Area 77 1E `-1 Old 1lssitr P1.111111112 11f9 t r _ tH FA - - r 1 WIRE= oQ � r,. _ I f J - C i Page 7 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape BIdg\Modify streetscape and bldg ccfdocx fissure 6.2l.Olde Towne Land Use, General Guide to Old Towne to Land Use Mixture Regional Retail A 3,. aq ft14140 Dona* Market SC ale w Ada county Reardadial 13-��;latw pat asr+a Nigh Density .v Errtpialm aft 4-6 stones General Commercial b 111ii� Retail c Dar sai�t Rookisnlial I 1 R a _ D alawaa ItI j Neighborhood Retail Services Er4 StOnES Cilladwattimally t10, - fa Reoleadid 4-$ Urnts pat acra [sucorunoisceJ,, Local Low Density �.,.p�. Office LJ _, The highlighted uses above represent the combined uses that are appropriate in the Old Towne Area. Speak applicability will be dependent uponther ixturtofusesidentifiedinfhesubareatextofthispian. The partial:tdusion of a land use indicates a limited potential/opportunity for that Land use in the area. A. Enhance Olde Towne's visibility and its iconic imagery as the heart of the City, it is important that Old Towne be easily identified and leave a very positive impression on everyone who sees it.It should look like a place in which one wants to explore, linger,work,and live. H. Land uses in the Olde Towne area should promote mixed use with retail and commercial on the first floor and office and residential uses on upper floors. M. Walkability in the Olde Towne should focus on the historical grid and attached sidewalk system that provides connectivity throughout the Olde Towne area B. 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. Page 8 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx • Eagle City Code Section 8-2A-3: Effects of Other Provisions: If any provision of this article is found to be in conflict with any other provision of any Zoning, Building,Fire Safety or Health Ordinance or other provision of this Code,the provision which establishes the higher and/or more restrictive design standard shall prevail.However,in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the City Council may,at their discretion, suspend or relax some or all requirements found in this article, if the City Council determines a particular site,setting,or use to have special and/or unique circumstances to warrant an exception to the requirements. • Eagle City Code Section 8-2A-6: Design Requirements,Objectives and Considerations: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA,CEDA,and DSDA.Additional requirements for the DDA,TDA,CEDA,and DSDA are set forth in subsections C through G of this section and,to the extent there is a conflict with this section,the requirements for the DDA,TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book,contains a listing of objectives applied to each application,and a listing of matters which shall be considered by the Design Review Board. The objectives are separated into two(2)sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors,and whether, aesthetically,the composition,materials,textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 5. Utilities: Utility service systems shall not detract from building or site design.Cable, electrical,and telephone service systems shall be installed underground,and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; b. The location and design of transformers,pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board.All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible"at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan); D. Transitional Development Area: TDA shown on exhibit A-1 within the EASD book. 2. Architectural Character: a. Height: Height of buildings is restricted to a maximum height of forty feet(40').To the extent the height requirements herein conflict with section 8-2-4 of this chapter, the height requirements herein shall control; G. Streetscape: Streetscape improvements are to include street trees,streetlights,pedestrian lighting,bollards,public art,kiosks and furnishings.The scope of streetscape design and number of amenities vary within the different overlay districts of the city. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community.Examples of streetscape design and amenities are shown within the EASD book. At a minimum,the following specific streetscape criteria shall apply: Page 9 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx 13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD book, consisting of smooth and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shall not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction.A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet(6')in width. • Eagle City Code Section 8-2A-7(C)Retention,Removal,and Replacement Of 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. 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. • Eagle City Code Section 8-4-4-2(A)(4): Site And Building Lighting: 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. 8. Existing lighting,for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way,required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. Page 10 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx C. DISCUSSION: • The applicant is requesting design review approval to modify the building by adding rooftop patios for each residential dwelling and updating the colors of the building. The addition of the rooftop patios increases the height of the building from 29' 3" to 36' 6". The additional 7' 3" is to accommodate the stair and elevator shafts that will provide access to the rooftop patios. The stair and elevator shafts are located central to the building. The closest the stair and elevator shafts are to the perimeter of the building is 8-feet. The height of 36' 6" does not exceed that which is permitted within the TDA overlay district which permits buildings up to a maximum of 40-feet in height(ECC 8-2A-6(D)(2)(a)). In addition to the rooftop patio/stair and elevator shafts, the applicant is requesting approval to update the colors proposed on the exterior of the building to better emphasize the historic elements and character of the building by creating greater visual impact with the high contrast between the white trim, charcoal stucco, and deep rosewood-colored accents. The geometry, style, and materials(brick, stucco,etc.)remain as originally designed and approved. Staff defers comment regarding the rooftop patio/stair and elevator shaft and the modification to the colors on the building to the Design Review Board. 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 regarding the rooftop patio/stair and elevator shaft and the modification to the colors on the building to the Design Review Board. • The applicant is requesting design review approval to modify the streetscape in front of the proposed building along North 2nd Street. The original approval showed three trees to remain along the frontage of North 2nd Street and constructing a modified streetscape around the existing trees. The applicant is requesting approval to remove three existing trees,a 27-inch Sweetgum tree,a 30- inch Oak trees, and a 28-inch Maple tree, located within the right of way of North 2nd Street to provide a more formal streetscape with street trees,historic lights,stamped concrete,etc. The trees are in poor condition because of competing for space,girdling surface roots, split leader,and they have been topped because of overhead powerlines. The applicant is not proposing any mitigation for the removal of these 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)(c), unless it is determined by the City that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of Willow trees do not require replacement.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 Sweetgum,Oak,and Maple trees to the Design Review Board. If the City approves the removal of the Sweetgum, Oak, and Maple trees and does not require mitigation,no additional trees are required. -OR- If the City approves the removal of the Sweetgum, Oak, and Maple trees and does require mitigation, the applicant should be required to provide a revised landscape plan showing an Page 11 of 19 K:\Planning Dept\Bagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccfdocx additional 85-caliper inches of tree(43,2-inch caliper trees)planted on site. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. -OR- If the City approves the removal of the Sweetgum, Oak, and Maple trees and does require mitigation,the applicant may opt to pay an in lieu fee into the tree fund in the amount of$14,875.00 (85-caliper inches x$175.00 per caliper inch). The payment to the tree fund should be received by the City prior to the issuance of a zoning certificate. -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 issuance of a zoning certificate. • The applicant is proposing to construct a 10-foot wide sidewalk with stamped concrete,street trees in grates,and historic light fixtures to match the sidewalk improvement within the general vicinity. The applicant is requesting approval to construct the streetscape improvements pursuant to that which is specified in the EASD book with red stamped concrete in a running bond pattern with smooth, gray concrete(as shown below). 10"— 1aa- 16" 111 In May of 2021, the Eagle Design Review Board recommended approval of a downtown grid improvement plan specifying specific streetscape types based on the road location. Below is the map showing the location of the four different streetscape types and a detail showing how the streetscape is to be constructed. The urban concrete with brick streetscape plan provides a 6-foot wide concrete sidewalk with 4-foot wide furnishing zone with brick pavers, historic lights, and street trees. Page 12 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccfdocx . . S T RE£i SCAPE TYPES URF+:h 3P.1'1... URBAN CONCRETE + KrTH BRIOTS UR131tN CONCRETE NEIGH3O'?HCOD SPENDED PAVING SYSTEM "EDESTRIAN RAMP SILVA CELLS ACHD STANDARD RNISHING ZONE •EDESTRIAN ZONE RED BRICK DRY LAID PAVERS \'�®! CONCRETE, 4'x3'MODULAR SINGLE SOLDIER COURSE EACH SIDE AND ENDS SIDEWALK JOINTS BENCHES, P NTERS,GETCE FIELD; 7/ss111•r1■'c®asGIMEMMTNeSIs IEM,l15ip CLASS II STREET TREE "ISTORIC STREET LIGHT 4'xB'TREE GRATE (TYP. SPACING AT 70'-0") (TYP. SPACING AT 35-0") Urban Concrete w/Brick Streetscape Plan View The applicant should be required to provide a revised landscape plan showing the streetscape along North 2nd Street and East Idaho Street to match the Urban Concrete w/ brick Streetscape Plan as specified in the Downtown Grid Improvement Plan. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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 January 12, 2023, 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 proposed building modifications with regard to colors and the addition of the rooftop patio/stair and elevator shafts as presented. Page 13 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx • The Board is in favor of the applicant constructing the streetscape improvements along East Idaho Street and North 2nd Street to match the sidewalk design specified within the Eagle Architecture Site and Design Book to match the style of streetscape that has been constructed adjacent to this project. • The Board is in favor of no tree mitigation being required based on the health of the trees and the location. The Board recognizes with the removal of the existing trees,the urban streetscape will extend in front of this development and provide additional on street parking in the area. BOARD DECISION: The Board voted 3 to 0(Lindgren and Mihan recused; Grubb and Duperault absent)to recommend approval of DR-59-14 MOD for a design review application for a modification to the proposed streetscape and building elevations for a commercial/residential building, 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 January 26, 2023. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on February 14,2023,at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-59-14 MOD for a design review application for a modification to the proposed streetscape and building elevations for a commercial/residential building, 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 DR-59-14. 2. The City approves the removal of the Sweetgum,Oak,and Maple trees and does not require mitigation, no additional trees are required. 3. The landscape plan, showing the streetscape along North 2nd Street and East Idaho Street to match the sidewalk design specified within the Eagle Architecture Site and Design Book, is approved. 4. Provide a revised landscape plan specifying the City approved historic streetlight to be placed along the frontage of this development (globe and luminaire - GVD3 P20 30K MVOLT MS GL3 GN AO) (pole-WDA 12 L5J SL17 P07 ABG GN). The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. All overhead utilities to this site and associated poles shall be located underground and removed, including the overhead utilities and pole located on the northeast corner of North 2nd Street and East Idaho Street. 6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 7. 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. 8. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No ground mounted mechanical units are proposed with this application and none are approved. Page 14 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf docx 11. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 12. No signs are proposed with this application and none are approved. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health,Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no 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 Page 15 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape BIdg\Modify streetscape and bldg cc£docx Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement,acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 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 Page 16 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx City Park and Pathway Development Committee and shall be shown on the fmal plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including,but not limited to building design, location and details,landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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. Page 17 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccfdocx CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-59-14 MOD)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: 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 mixed use building is permitted with the approval of a design review application within the CBD(Central Business District)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 building is 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 has been designed with on site and off site parking; 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 building has been designed to meet the Italianate style of architecture; 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 designed to be harmonious with other surrounding buildings; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building does not exceed the 40-feet permitted within Eagle City Code; 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 site has cross access with the adjacent properties and with the construction of the streetscape adjacent to East Idaho Street and North 2'Street will provide pedestrian connectivity; 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; 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 subdivision, and will not cover nor detract from desirable architectural features. Page 18 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx DATED this 14th day of February 2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Ja on Pi ce, Mayor A 1-11,ST: GLE►►►►►►►,, ,,,,,•' P •••. O • `: ' • o O I. Tracy E. rn, agle City Clerk?: H; o i Q': ¢ c 0' S, 19 . Page 19 of 19 K:\Planning Dept\Eagle Applications\Dr\2014\DR-59-14 MOD 166 N.2nd Street MOD to Streetscape Bldg\Modify streetscape and bldg ccf.docx