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Findings - CC - 2023 - DR-127-04 MOD2 - Multi-Tenant Office/Restaurant Building and Site, incl. Addition of Cover for a Portion of the Patio BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO MODIFY A MULTI-TENANT ) OFFICE/RESTAURANT BUILDING AND SITE, ) INCLUDING THE ADDITION OF A COVER FOR ) A PORTION OF THE PATIO,FOR BB ONE,LC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-127-04 MOD2 The above-entitled design review application came before the Eagle City Council for their action on July 25, 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: BB One, LC, represented by John Day with Slichter/Ugrin Architecture, is requesting design review approval to modify a multi-tenant office (business and professional)/restaurant building to include a cover over a portion of the existing patio and to modify the entrance to the restaurant. The 2.166-acre site is located on the southwest corner of South Rivershore Lane and South Eagle Road at 775 South Rivershore Lane(Lot 1,Block 1,Channel Center Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 14,2023. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on April 27,2023,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 29, 1996,the Eagle City Council approved a preliminary plat application for Channel Center Subdivision(PP-00-96). On January 14, 1997, the Eagle City Council approved a final plat application for Channel Center Subdivision(FP-00-97) On July 11, 2000, the Eagle City Council approved a design review application for two multi-tenant office buildings located on the entire Lot 2 (adjacent to and north of Lot 1 which is the subject of this application)and a portion of Lot 1 and Lot 3 (DR-20-00). On February 8, 2005, the Eagle City Council approved a design review application for a two story multi-tenant office building(DR-127-04). On May 26,2023,the City approved a design review application to change the exterior building colors for Rivershore Place Multi-tenant Building(DR-127-04 MOD). E. COMPANION APPLICATIONS:None. Page 1 of 14 KAPlanning Dept\Eagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-1 (Neighborhood Office(business and Business District) professional)/Restaurant Proposed No Change No Change No Change North of site Commercial C-1 (Neighborhood Multi-tenant retail/restaurant building Business District) South of site Commercial A(Agricultural District) North Channel of the Boise River East of site Commercial C-3-DA(Highway Eagle Road/Bank/financial Business District with a institutions(with drive-up service) development agreement) West of site Commercial A(Agricultural District)/C- North Channel of the Boise 1 (Neighborhood Business River/Multi-tenant office(business District) and professional)/personal services building G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site has been developed with a building, landscaping, and associated parking. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.166-acres(94,350-SF) N/A Percentage of Site Devoted 15%(approximately) 92%(maximum) to Building Coverage Percentage of Site Devoted 46%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 102-parking spaces 90-parking spaces(minimum) Front Setback(North) 80-feet 15-feet(minimum) Rear Setback(South) 50-feet 0-feet(minimum) Side Setback(East) 83-feet 10-feet(minimum) Side Setback(West) 209-feet 0-feet(minimum) Page 2 of 14 KAPlanning Dept\Eagle ApplicationADA200ADR-127.04 MOD 2 Enclosed Paao\Enclosed Patio ccEdocx K. PARKING ANALYSIS: Gross Floor Area of Office (business and professional) and Restaurant with enclosed patio addition: 18,736-square feet Office(business and professional) = 13,360-square feet Restaurant(with proposed patio) = 5,376-sqaure feet Total = 18,736-square feet Office (business and professional) Personal Improvement and Personal Services — 1 per 250-square feet of gross floor area= 13,360-square feet=54-parking spaces Restaurant, dining rooms, taverns nightclub etc — I per 150-square feet of gross floor area; plus 35 square feet dance floor=5,376-square feet=36-parking spaces Existing Parking Spaces: 102 Required Parking Spaces: 90 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office(business and professional)and Restaurant" L. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Building: One building used as office (business and professional) and restaurant. Height and Number of Stories of Existing Building: 34' 2"high;two stories. Gross Floor Area of Existing Buildings with proposed Patio Addition: 18,736-square feet On and Off-Site Circulation: An existing 26,706-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 27-foot wide driveway is proposed to be located on the north side of this site approximately 150-feet west of Eagle Road providing access to South Rivershore Lane. There is cross access with the parcel to the west of this site. M. BUILDING DESIGN FEATURES: Proposed Enclosed Patio Design: Classical English Conservatory Roof. Translucent Fiberglass Sandwich Panels, Standing Seam Metal(Galvalume) Walls: Metal siding(Galvalume) Windows/Doors: Aluminum (Black) Fascia/Trim: Metal(Galvalume) Existing Building—No Change. Design: Romanesque Revival Roof. Architectural shingles(Tampco Oxford Gray) Walls: Brick veneer(Grizzle Gray), stucco(Big Chill and Pure White) Windows/Doors: Aluminum(Hartford Green) Fascia/Trim: EFIS(Pure White) Decorative Railing: Metal(Black) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees. No trees are proposed to be removed with this project. Tree Replacement Calculations:N/A Page 3 of 14 KAPlanning Dept\Eagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf.dacx Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees were installed when the building was constructed. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping:No Change. O. TRASH ENCLOSURES:No Change. P. MECHANICAL UNITS:No Change. The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING:No Change. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required prior to the installation of any building or monument tenant panel signage. 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-An environmental assessment plan was previously completed for the entire subdivision site. Evidence of Erosion-no Fish Habitat-no Floodplain-yes-Building pad elevation to be raised above the 100-year floodplain elevation by the developer as approved as a part of the Flood Plain Development Permit for the Subdivision. Mature Trees-yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Page 4 of 14 KAPlanning Dept\Eagle Applicadons\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf.docx Eagle Historic Commission Eagle Sewer District Y. LETTERS FROM THE PUBLIC: None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any,that the applicant could take to obtain approval. 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 5 of 14 KAPlanning Dept\Eagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio 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 15, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices,retail and service establishments.Uses should complement uses within Downtown Eagle. 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)(6): Building Design: 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; 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): Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator, the design review board, and the city council,whichever the case may be,to determine the appropriateness of such material. Page 6 of 14 KAPlanning DeptlEagle Applications0r\2004OR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf docx • Eagle City Code Section 8-2A-6(B)(1): Exterior walls and soffits: k. Metal: Metal siding shall be anodized, shall have a concealed fastener system,shall have a factory finish or equivalent,and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road. Metal siding shall also be prohibited in the DDA,TDA,CEDA design review overlay district areas. It is not the intent of these metal siding requirements and prohibitions to inhibit creative and innovative architecture. Therefore,alternative building designs that utilize metal,not specifically meeting the requirements herein, may be permitted where the applicant shows, and the City Council finds that the metal is: architecturally compatible with surrounding buildings;architecturally compatible with other nonmetal buildings in the area;attractively landscaped when feasible; and is designed to equal or exceed the city requirement to eliminate the stark utilitarian look intended to be prevented by this subsection. • Eagle City Code Section 8-2A-6(B)(2): Roofs: a. Wood shakes/shingles: premium on number 1 grade; b. Architectural grade textured composition shingles; c. Tile: cemetitious,clay; d. Slate; e. Metal; standing seam,batten seam(concealed fasteners required); Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road. f. Flat roof specification: single ply,built up(both nonreflective). C. DISCUSSION: • The applicant is requesting design review approval to modify a multi-tenant office (business and professional)/restaurant building to include a cover over a portion of the existing patio and to modify the entrance to the restaurant. The new entrance to the restaurant will be located on the west building elevation. A set of store front windows will be removed,along with the 1' 4"stucco band located beneath the window and replaced with full length windows and doors. A 1,593-square foot covered patio cover is proposed on the south side of the building over a portion of the existing patio. The proposed cover is proposed to be constructed of metal siding, sliding and folding windows,a combination of metal and Kalwall roofing. The proposed entry and patio cover 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 building should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed entry and patio cover regarding the harmonious nature and relationship of the entry and patio cover to the surrounding vicinity to the Design Review Board. Page 7 of 14 KAPlanning Dept\Eagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf docx • The proposed patio cover is proposed to have metal siding and a metal roof. Pursuant to Eagle City Code Section 8-2A-6(B)(1)and(2),metal siding and metal roofing shall have a concealed fasteners system. The applicant should be required to provide revised elevation plans and a roof plan showing the metal siding and roof to have concealed fasteners. The revised elevation and roof plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Sheet A3.03 shows the gables of the covered patio structure to meet in the center of the structure, where there is a about a 1-foot gap between the eaves of the two roof systems. The applicant should be required to provide detailed plans showing how the drainage between the two roof systems of the covered patio will drain between the two eaves. The detailed plans should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of zoning certificate. • Sheet A3.03 shows rain gutters to be located on the east and west ends of the patio cover. It does not appear that downspouts from these gutters have been shown on the elevation plans. The applicant should be required to provide revised elevation plans showing the location and identify the color of all gutters and downspouts proposed with the construction of the patio cover. The revised elevation plans and gutter and downspout colors should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The site plan shows four parking spaces are proposed to be removed with the relocation of the entrance to the building to the west building elevation. The material proposed within the new front entry patio area has not been specified. There are pavers located at the main entrance to the building on the north side of the building. The applicant should be required to provide a revised site plan showing the material to be located within the new front entry patio area on the west building elevation. The revised site 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 June 22, 2023, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staff s presentations,the Board discussed during deliberation that: • The Board is in favor of the patio cover addition and modification to the entrance to the building with the conditions stated herein. • The Board recommends the applicant provide accessible parking and access in close proximity to the new entry to the building. BOARD DECISION: The Board voted 6 to 0(Merrill absent)to recommend approval of DR-127-04 MOD2 for a design review application for a modification to a multi-tenant office/restaurant building and site, including the addition of a cover for the patio,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 July 13,2023. Page 8 of 14 KAPlanning Dept\Eagle ApplicationADr\2004OR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf docx PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 25,2023,at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-127-04 MOD2 for a modification to a multi-tenant office/restaurant building and site, including the addition of a cover for the patio,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-127-04 and all subsequent modifications. 2. Provide a revised site plan showing the mean highwater mark of the Boise River. The revised site plan shall be reviewed and approved by staff prior to the issuance of zoning certificate. 3. Provide revised elevation plans and a roof plan showing the metal roof to have concealed fasteners. The revised elevation and roof plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide detailed plans showing how the drainage between the two roof systems of the covered patio will drain between the two eaves. The detailed plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of zoning certificate. 5. Provide revised elevation plans showing the location and identify the color of all gutters and downspouts proposed with the construction of the patio cover. The revised elevation plans and gutter and downspout colors shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 6. Provide a revised site plan showing the material to be located within the new front entry patio area on the west building elevation. The revised site plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building. 13. No signs are proposed with this application and none are approved. 14. Provide revised landscape and elevation plans showing the new entry and patio area to have additional landscape planter beds, planter pots, removable metal screen, or a covered entry, etc. to provide additional interest to the patio and to screen the transformer located at the southern end of the new entry patio area. The revised landscape and elevation plans and details of any planter pots or metal screens shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. Page 9 of 14 KAPlanning Dept\Eagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccfdocx 15. Provide a revised landscape plan showing where and how the drainage from the new covered patio is to be discharged into the landscaping and how the landscaping will be modified to accommodate the drainage. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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 Page 10 of 14 KAPlanning DeptlEagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf.docx carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association, or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted 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 Page 11 of 14 K:Tlanning Dept\Eagle Applications\DA2004DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf.docx Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 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 Page 12 of 14 K:Tlanning Dept\Eagle ApplicationsOA2004\1311-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf docx 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-127-04 M0132) 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 covered patio is permitted with the approval of a design review application within the C-1 (Neighborhood 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 patio cover is designed with materials and colors that will complement the existing building and 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; 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 so the patio cover has been designed with quality materials and colors that are consistent with existing building; 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 patio cover 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 considerations since the proposed patio cover is in conformance with the required height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks and walkways for walkability within the site and access to other buildings within the vicinity; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. Page 13 of 14 KAPlanning Dept\Eagle ApplicationADA2004\1311-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf docx DATED this 251 day of July 2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho aso Pierce, Mayor OLE j EST: lz �j E •. ; C) c ti�• 4-�4 Tra E.O agle City Clerk = v ;•v 5�`� � a, ST:� Page 14 of 14 K:Tlanning Dept\Eagle Applications\Dr\2004\DR-127-04 MOD 2 Enclosed Patio\Enclosed Patio ccf docx