Loading...
Findings - CC - 2023 - DR-26-23 - One Bar/Retail Building and One Multi-Tenant Commercial Building within Palmetto Plaza BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR ONE BAR/RETAIL) BUILDING AND ONE MULTI-TENANT ) COMMERCIAL BUILDING WITHIN PALMETTO) PLAZA FOR TERM INVESTMENTS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-26-23 The above-entitled design review application came before the Eagle City Council for their action on June 27, 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: TERM Investments, LLC, represented by Rebecca Forster, is requesting design review approval for two buildings [one 1,920-SF bar/retail building and one 9,284-SF multi-tenant commercial building] within Palmetto Plaza. The 1.1-acre site is located on the southeast corner of East Plaza Drive and South Palmetto Avenue at 781 East Plaza Drive(Lot 17, Block 3,Merrill Subdivision No.2). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 31,2023. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on April 5,2023, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 15, 1997, the Eagle Planning and Zoning Commission approved the Rocky Mountain Fitness Center(DR-15-97). On June 8, 1999, the Eagle City Council approved Merrill Subdivision No. 1 and 2 (formerly Rocky Mountain Business Park FPUD-2& 3-99 and FP-7& 8-99). On June 22, 1999, the Eagle City Council approved the landscape and pathway plan for Rocky Mountain Business Park(DR-24-99). On October 24, 2000, the Eagle City Council approved a modification to the landscape and pathway plan for Rocky Mountain Business Park(DR-24-99 MOD). E. COMPANION APPLICATIONS: DR-27-23 (master sign plan application) and LLA-02-23 (lot line adjustment). Page 1 of 18 KAPlanning Dept\Eagle Applimtions\Dr\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza mf.do F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Vacant land with a portion District)and MU developed with a parking lot (Mixed Use) Proposed No Change No Change Bar/Retail Building Multi-tenant Commercial Building North of site Downtown CBD(Central Business Storage(enclosed and fenced) District)and MU (Mixed Use) South of site Downtown CBD(Central Business Office(business and District) professional)Building East of site Downtown MU(Mixed Use) Health Club West of site Downtown CBD(Central Business Proposed Hotel District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the CEDA(Community Entry Development Area)overlay district. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk along South Palmetto Avenue and East Plaza Drive. The eastern 100-feet of the northern portion of the property has been developed with a parking lot that was constructed when the health club building was constructed. Page 2 of 18 KAPlanning Dept\Eagle Applications0r\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccf docx J. SITE DATA: SITE DATA PROPOSED REQUIItED Total Acreage of Site 1.1-acres(47,916-SF) 0.01-acres(500-SF) Percentage of Site Devoted 18% (approximately) 20%(minimum)* to Building Coverage 85%(maximum)* Percentage of Site Devoted 44%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 55-parking spaces 55-parking spaces(minimum) Front Setback 20-feet(North) 20-feet(minimum)* Rear Setback 10-feet(South)** 0-feet(minimum) Side Setback 10-feet(West)** 10-feet(minimum)* Side Setback 10-feet(East)** 10-feet(minimum)* *Note:Setbacks and lot coverage required within the CEDA overlay district. **Note:Measured from the building to the closest property line. K. PARKING ANALYSIS: Gross Floor Area of Proposed Bar/Retail Building= 1,920-square feet Restaurant, dining rooms, taverns, nightclub etc. — 1 per 150-square feet of gross floor area; plus 35 square feet dance floor Proposed parking= 13-parking spaces Gross Floor Area of Proposed Multi-tenant Commercial Building=9,284-square feet Food and Beverage Sales Office (business and professional) Personal Improvement Personal Services,Retail Sales— 1 per 250-square feet of gross floor area Artist Studio— 1 per 1,000-square feet of gross floor area Catering Service— 1 per 400-square feet of gross floor area Restaurant, dining rooms, taverns, nightclub etc. — 1 per 150-square feet of gross floor area; plus 35 square feet dance floor Proposed parking = 42-parking spaces (based on 1,820-square feet being used for a use requiring 1 space per 150-square feet of gross floor area). Total parking proposed=55-parking spaces L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct two(2)buildings; one building is proposed to have a bar/retail use and the other building is proposed to have a mix of commercial uses within a multi-tenant commercial building. Height and Number of Stories of Proposed Buildings: Bar/Retail Building=20' 8"; single story. Page 3 of 18 KAPlanning Dept\Eagle Applications\Dr\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccf.docx Multi-tenant Commercial Building=32' 8"; single story with a mezzanine. Gross Floor Area of Proposed Buildings: Bar/Retail Building= 1,920-square feet Multi-tenant Mixed Use Commercial Building=9,284-square feet total 1'floor=6,798-square feet Mezzanine=2,486-square feet On and Off-Site Circulation: An 18,500-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 29-foot wide shared driveway is located at the northeast corner of the site providing access to East Plaza Drive. One 30-foot wide shared driveway is located 320-feet south of East Plaza Drive on South Palmetto Avenue. M. BUILDING DESIGN FEATURES: Bar/Retail Building- Proposed Building Design: Italianate Roof: Architectural comp shingles(Weathered Grey) Walls: Concrete(natural), Spec Brik(Standard),Hardi Board Panels(Illusion), Stucco(Roycroft Mist Gray) Windows/Doors: Aluminum (black) Fascia/Trim: Hardi Board(Tricorn Black and Gauntlet Gray) Multi-tenant Commercial Building- Proposed Building Design: Craftsman Roof. Architectural comp shingles(Weathered Grey) Walls: Stucco(Alloy and Roycroft Mist Gray), Hardi Board Panels(Illusion) Windows/Doors: Aluminum windows (black), Aluminim doors north elevation (black), Wood doors south elevation(Cedar Bark) Fascia/Trim: Hardi Board(Tricorn Black and Gauntlet Gray) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are four existing trees located within the developed parking lot area of this development. Three of the trees are to remain and one tree is to be removed in order to reconfigure the parking within the parking lot. The tree to be removed is an 8-inch caliper oak tree that has no central leader, is leaning,and has not been receiving consistent water. Tree Replacement Calculations: The applicant is not proposing to plant any additional trees to mitigate for the 8-caliper inches of tree being removed from this site. See discussion on page 9 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along South Palmetto Avenue and East Plaza 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. Page 4 of 18 KAPlanning Dept\Eagle Applications\13r\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plea ccfdo" b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed. O. TRASH ENCLOSURES: One (1) 140-square foot trash enclosure is proposed to be located at the north end of the parking lot near the shared driveway at the northeast corner of the development. The enclosure is proposed to be constructed of CMU walls with stucco finish and metal gates;all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. Five ground mounted mechanical units are proposed along the north side of the multi-tenant commercial building and one ground mounted mechanical unit is proposed along the west side of the bar/retail building. The ground mounted mechanical units are proposed to be screened by landscaping. No roof top mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-27-23)has been submitted for the approval of a master sign plan for these buildings and monument signs. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. Page 5 of 18 KAPlanning Dept\Eagle Applications\Dr\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccfdocx 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 18 KAPlanning Dept\Eagle Applications\13r\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccfdo THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: 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 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. 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. • Eagle City Code Section 8-2A-6(A)(5xb) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan). • Eagle City Code Section 8-2A-6(A)(6) a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief.Avoid monotonous flat planes; Page 7 of 18 KAPlanning Dept\Eagle Applications0r\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plea ccf.docx d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use,and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered;and e. Allowed Architectural Styles:The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. • Eagle City Code Section 8-2A-6(B)(7) Enclosed trash and recycle receptacle areas: All commercial and multi-family developments shall provide for trash and recycle services and shall include an enclosed area for the storage of trash and recycle receptacles. The area shall be screened in accordance with section 8-2A-7J of this article. A waiver of this section may be approved for small businesses that utilize ninety six(96)gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are otherwise screened from view with the use of a screen wall and landscaping. • Eagle City Code Section 8-2A-6(E)(3) c. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating,flowers/shrubs/all tree displays in movable planters,outdoor dining, plazas, streetscape extension and bike racks. d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent(20%) and a maximum of eighty five percent(85%)in which case off site parking shall be provided for. • Eagle City Code Section 8-2A-7(C) 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. • Eagle City Code Section 8-2A-7(J)(2)(c) To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way,a five foot(5)wide by six foot(6)high landscaped buffer is required. C. DISCUSSION: • The applicant is requesting design review approval to construct two new buildings; one 1,920- square foot bar/retail building and one 9,284-square foot multi-tenant commercial building. The applicant's justification letter states the building designs are from the Italianate and Craftsman Page 8 of 18 K:\Planning DeptTagle App1ications\Dr\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza cc£docx styles of architecture as outlined in the Eagle Architecture and Site Design Book. The smaller, Italianate, building uses symmetry and varying materials, including brick. The windows are tall and narrow with traditional rectangular top with window sashes in the transoms to give the appearance of pane glazing.The roof top patio is centered on the building and acts as a balcony for the building. The larger, Craftsman, building uses timber trusses to emphasize the entrance and patio area. The design utilizes a mixed palette of materials;wood,stucco and concrete. The proposed buildings should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(13)(2)(d)&(e), the proposed buildings should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed buildings regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • On the east and west building elevations of the multi-tenant commercial building smaller gables are shown to be located on the southern portion of the building; however, the floor plan does not show the columns from these gables on the east or west building elevations. The applicant should be required to provide a revised floor plan showing the smaller gable end columns to be shown on the east and west building elevations. The revised floor plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The application explains the details of a trash enclosure and the landscape plan shows a trash enclosure;however,detailed elevations showing the height,size,materials,and colors has not been provided. The applicant should be required to provide detailed elevation plans of the trash enclosure showing the height, size, materials, and colors to be used in the construction of the enclosure. The detailed elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of zoning certificate. • One 8-inch caliper oak tree is proposed to be removed from the site to accommodate the new parking lot configuration. The 8-inch caliper oak tree has no central leader, has a sever lean(not ideal for public area), and has had inconsistent water over the years. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), for each caliper inch of deciduous tree removed, an equivalent amount of caliper inches is required to be replanted and for each vertical foot of coniferous tree removed, an equivalent amount of vertical feet is required to be replanted. Staff defers comment regarding the removal of the 8-inch caliper oak tree to the Design Review Board. If the City approves the removal of the tree and does not require mitigation,no additional trees are required. -OR- If the City approves the removal of the tree and does require mitigation, the applicant should be required to provide a revised landscape plan showing an additional 8-caliper inches of tree (4, 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 tree and does require mitigation,the applicant may opt to pay an in lieu fee into the tree fund in the amount of$1,400.00 (8-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 Page 9 of 18 KAPlanning Dept\Eagle Applications\Dr\2023\Pa1metto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccf docx 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 or commencement of any construction/demolition on the site,whichever occurs first. • The application indicates ground mounted mechanical units are proposed for both buildings. The landscape plan shows the ground mounted mechanical units associated with the northern (multi- tenant) building but does not show the ground mounted mechanical units associated with the southern (Bar/Retail) building. The applicant should be required to provide a revised landscape plan showing the ground mounted mechanical units associated with the southern (Bar/Retail) building and showing how they will be screened from view by landscaping. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of zoning certificate. • On May 22, 2023, a lot line adjustment application (LLA-02-23) was approved for this development. The applicant should be required to provide a cross access/cross parking agreement between the two parcels associated with this development (Bar/Retail Building and Multi-tenant Commercial Building). The cross access and cross parking agreement should be reviewed and approved by the Zoning Administrator and City Attorney prior to recordation at the Ada County Recorder's office. The applicant should provide a copy of the recorded cross access/parking agreement prior to the issuance of a zoning certificate. • The trash enclosure for this development is proposed to be located on the northern parcel (Parcel A [once the record of survey associated with LLA-02-23 has been recorded]). A joint trash enclosure agreement should be entered into between the northern and southern property owners (Parcel A and Parcel B) associated with this development permitting each property owner access to and to use the trash enclosure. The joint trash enclosure agreement should be reviewed and approved by the Zoning Administrator and City Attorney prior to recordation at the Ada County Recorder's office. The applicant should be required to provide a copy of the recorded joint trash enclosure agreement prior to the issuance of a zoning certificate. • There is a shared driveway, located at the northeast corner of this development, providing ingress/egress to East Plaza Drive and a driveway located near the southern property line of this development providing ingress/egress to South Palmetto Avenue. The applicant should be required to enter into a reciprocal cross access agreement associated with both ingress/egress driveways with the owner of the property located adjacent to the east property line to provide cross access across between all properties. The cross access agreement should be reviewed and approved by the Zoning Administrator and City Attorney prior to recordation at the Ada County Recorder's office. The applicant should provide a copy of the recorded reciprocal cross access agreement 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 June 8, 2023, at which time the Board made their decision. Page 10 of 18 KAPlanning Dept\Eagle Applications0r\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccfdocx BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is not in favor of the two buildings as designed. The Board agrees the buildings are not harmonious with each other or the surrounding buildings. Eagle City Code Section 8-2A- 13(Bx2)(d)&(e), states the proposed buildings 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. • The Board affirmed there were too many details that were not identified on the plans provided with regard to the buildings. The Board would like to see greater detail on both buildings with regard to but not limited to the following items: the elevated patio,window locations,mechanical unit locations and screening,trash enclosure design, covered entries, stucco scoring,cornice details,awnings,etc. Eagle City Code Section 8-2A-6(A)(6)(a-e), states in part, a) the building mass shall be reviewed for its relationship with existing development in the immediate surrounding area, b) proportion of building regarding the height to width relationship of new structures shall be compatible and consistent with the architectural character of the area, c) relationship of openings in the buildings shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awning, changes in building fagade and roofline alignment to provide shadow relief to avoid monotonous flat planes,d)relationship of exterior materials and the appropriateness of materials as the relate to the building mass, shadow relief, and existing area, and e) allowed architectural styles identified in the EASD book are provided for the applicants to follow. • The mechanical equipment for the bar/retail building have not been identified on the landscape plan nor the architectural plans. The Board is concerned with the location and size of the mechanical equipment and how it will be screened from view since mechanical equipment associated with a bar and cigar bar require extensive air flow and are usually large in size. Eagle City Code Section 8-2A- 6(A)(5)(b), states in part, the location and design of transformers, pad mounted and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. Eagle City Code section 8-2A-7(J)(2)(c), states, to conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot(5')wide by six foot(6)high landscaped buffer is required. • The Board is concerned with the ground mounted mechanical units on the multi-tenant commercial building being shown to be located on the north side of the building. The north side of the building is located adjacent to East Plaza Drive,therefore,the mechanical units would be visible. Eagle City Code Section 8-2A-6(A)(5)(b), states in part,the location and design of transformers, pad mounted and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. Eagle City Code section 8-2A-7(J)(2)(c), states, to conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way,a five foot (5')wide by six foot(6)high landscaped buffer is required. • The detailed elevations and materials to be used for the small, covered patio, located within the northeast corner of the outdoor space of the bar/retail building,have not been identified. • The material for the elevated patio deck on the bar/retail building has not been identified if it will be a solid material or if water will drain through the material to the lower patio area. If the patio is solid, how does the upper patio drain? Page 11 of 18 K\Planning Dept\Eagle Applications\DA2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccfdocx • The location of the multi-tenant commercial building is located on an extremely visible corner. The Board agrees that the architecture of the north building is very plain but specifically the north,east,and west building elevations are void of architectural interest. The applicant has proposed stucco and hardi board panels on the building elevations and the Board is concerned that there is not much distinction between the two materials. As designed,the north,east,and west building elevations are flat with eight inch deep columns,proposed with no other architectural features or materials to provide interest. The Board recommends the building elevations of the multi-tenant commercial building have more architectural interest by incorporating materials similar to the bar/retail building (i.e.: brick) such as, additional color and wide overhanging eaves. • Greater detail on the bar/retail building needs to be provided with regard to the elevated deck and window configuration. How will the windows interact with the facia board? Will the header for the windows need to be modified to accomplish the look the applicant is going for? How far are the windows setback in the plain of the building? Will the windows be able to be constructed as shown without knowing the above mentioned information? • Additional architectural interest needs to be provided at the main entrance to the bar/retail building(i.e.: covered entry,gable,etc.)to identify it is the main entry to the building. • A plan showing gutters and downspouts on all buildings but specifically the east elevation of the bar/retail building needs to be provided. • If Craftsman style architecture is the architectural style of the multi-tenant building,the north,east,and west building elevations should include additional trim work around the doors and windows to help provide interest and relief to the building. • The overhang of the roof on the multi-tenant building needs to be increased to provide additional interest,relief,and shadowing to the building. • Details of the trash enclosure showing size, height,materials,and colors needs to be provided. • Add planter pots or planter beds at the entrance to the bar/retail building to help promote it as the main entrance to the building. • The Board is in favor of the 18% lot coverage based on the covered outdoor patio area of the bar/retail building not being used in the calculation of the overall lot coverage,which could have been designed as an enclosed area. BOARD DECISION: The Board voted 5 to 1 (Milian recused; Grubb against)to recommend denial of DR-26-23 for a design review application for one bar/retail building and one multi-tenant commercial building within Palmetto Plaza,as stated within their findings of fact and conclusions of law document,dated June 22,2023. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 27,2023,at which time the Council made their decision. COUNCIL DELIBERATION: Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Council accepts the revised building elevations and site landscape plans,date stamped by the City of Eagle on June 20,2023,with the conditions noted herein. Page 12 of 18 KAPlanning Dept\Eagle Applications\DA2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccf dock COUNCIL DECISION: The Council voted 4 to 0 to approve DR-26-23 for a design review application for one bar/retail building and one multi-tenant commercial building within Palmetto Plaza,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 Council and text shown with strikethrough to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of LLA-02-23. 2. Provide a revised floor plan showing the smaller gable end columns to be shown on the east and west building elevations. The revised floor plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Provide detailed elevation plans of the trash enclosure showing the height, size, materials, and colors to be used in the construction of the enclosure. The detailed elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of zoning certificate. 4. The tree removal mitigation (four additional 2" caliper trees deciduous columnar variety !Q�e Boulevard Lindens) located on the north side of the northern building as shown on the revised site landscaW plan date stamRgd by the Cijy on June 20 2023 is a1212roved. -OR- if the City approves the r-efuleval ef the tFee affd does mquim mifigmien,the appheant shall be FeqtfiFed tfees)planted on site. The mvised landseape plan shall be r-eviewed and appFeved by staff prior-te the -OR- if the City appr-eves the mfneval of the tree and does r-equir-e mitigation,the applieslat may opt to pay -OR- Affy ether-eembiamien of planting additional tfees oft site anWer-a eentFibutieft to the tfee fidftd as may 5. Provide a revised landscape plan showing the ground mounted mechanical units associated with the southern(Bar/Retail)building and showing how they will be screened from view by landscaping. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of zoning certificate. 6. Provide a cross access/cross parking agreement between the two parcels associated with this development(Bar/Retail Building and Multi-tenant Commercial Building). The cross access and cross parking agreement shall be reviewed and approved by the Zoning Administrator and City Attorney prior to recordation at the Ada County Recorder's office. The applicant shall provide a copy of the recorded cross access/parking agreement prior to the issuance of a zoning certificate. Page 13 of 18 KAPlanning Dept\Eagle Applications\Dr\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plus ccf.docx 7. A joint trash enclosure agreement shall be entered into between the northern and southern property owners (Parcel A and Parcel 13) associated with this development permitting each property owner access to and to use the trash enclosure. The joint trash enclosure agreement shall be reviewed and approved by the Zoning Administrator and City Attorney prior to recordation at the Ada County Recorder's office. The applicant shall be required to provide a copy of the recorded joint trash enclosure agreement prior to the issuance of a zoning certificate. 8. Enter into a reciprocal cross access agreement associated with both ingress/egress driveways with the owner of the property located adjacent to the east property line to provide cross access across between all properties. The reciprocal cross access agreement shall be reviewed and approved by the Zoning Administrator and City Attorney prior to recordation at the Ada County Recorder's office. The applicant shall provide a copy of the recorded reciprocal cross access agreement prior to the issuance of a building permit zeroing eer4i€erate. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. 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. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 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. 15. Provide a revised landscape plan showing the Weeping Crabapple trees, proposed on the north side of the multi-tenant building,to be replaced with a columnar tree that will grow tall and provide additional screening to the north buildina elevation. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 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 Page 14 of 18 KAPlanning Dept\Eagle Applications0r\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plata ccfdocx 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. 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 Page 15 of 18 KAPlanning Dept\Eagle Applications\Dr\2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccfdocx 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 elect to take those plans to the Design Review Board and the City Council for review and approval. Page 16 of 18 KAPlanning Dept\Eagle Applications\DA2023\Palmetto Plaza Buildings DR-26-23\Two Bldgs within Palmeto Plaza ccfdocx 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application,shall require the applicant to submit a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-26-23) 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 bar/retail building and multi-tenant commercial building are 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 bar/retail building and multi-tenant commercial building are designed with materials and colors consistent with the Italianate and Craftsman(respectively)style of architecture 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 Page 17 of 18 K.\Planning DeptTagle ApplicationsDrA20237almetto Plan Buildings DR-26-23\Two Bldgs within Pal meto Plaza ccf docx uses as anticipated within the zoning district since the site has parking on-site to meet the required parking for a bar/retail building and multi-tenant commercial building; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural since the bar/retail building and multi-tenant commercial building have been designed with quality materials and the design is consistent with the Italianate and Craftsman(respectively)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 proposed bar/retail building and multi-tenant building complies with the Italianate and Craftsman (respectively) style of architecture and has been designed to complement the buildings in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic consideration since the proposed bar/retail building and multi-tenant commercial building are in conformance with the required setbacks and the height does not exceed the 35-feet permitted within Eagle City Code. Additionally,the Council approves of the 18%lot coverage based on the unique shape of the properties and the proposed use of the outdoor space with a covered patio which could have been designed as an enclosed area; 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 been designed with walkways for both walkability within the site and access to existing buildings surrounding the development and vehicular access is provided by shared access points providing access to East Plaza Drive and South Palmetto Avenue; 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 area;and 1. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the buildings, and will not cover nor detract from desirable architectural features. DATED this 11'day of July 2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho J son fierce,Mayor ATTEST: . '" OF El is Tracy E. O om,Eagle City . SEAL ,; `' O �r,�tMRnr:":�`nT ••.....•• OFa10���• Page 18 of 18 KAPlanning Dept\Eagle Applications\Dr\2023\Palmetto Plaza Buildings DR-2&23\Two Bldgs within Palmeto Plaza ccf docx