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Findings - DR - 2019 - DR-06-19 - Eagle Island Marketplace - Retail Building For Sherwin Williams In Eagle Island MarketplaceBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A RETAIL BUILDING FOR SHERWIN WILLIAMS FOR CAPITAL COMMERCIAL CORP. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -06-19 The above -entitled design review application came before the Eagle Design Review Board for their action on February 14, 2019. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Capital Commercial Corp., represented by Jason Smith with OA+D, is requesting design review approval to construct a 4,000 -square foot retail building for Sherwin Williams. The 0.81 -acre site is located on the east side of North Linder Road approximately 960 -feet north of Chinden Boulevard at 6780 North Linder Road within Eagle Island Marketplace (Lot 14, Block 1, Lazy P Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 10, 2019. Revised plans (site plan, landscape plan, and photometric plan) were received by the City on January 29, 2019. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 14, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text amendment and annexation and a rezone with development agreement for this site (CPA -5-08 & A-03- 08 & RZ-08-08). On July 14, 2009, the Eagle City Council approved a design review application for the common area landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8) multi -tenant retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island Marketplace) (DR -13-09). On July 14, 2009, the Eagle City Council approved a design review application for the master sign plan including one entry feature sign, four multi -tenant monument signs, and ten single -tenant monument signs for Eagle Island Marketplace (DR -14-09). On November 10, 2010, the Ada County Board of County Commissioners approved a comprehensive plan amendment, rezone with development agreement, master site plan and preliminary plat for Eagle Island Marketplace (CPA -05-08, A-03-08, and RZ-08-08). On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation and rezone with development agreement of the property associated with Eagle Island Marketplace. Ordinance No. 652 also recognized the vested development rights associated with the approved Ada County preliminary plat application number 201000571-S. On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P Page 1 of 13 K:1I'lanning Dept\Eagle AppIications1Dr1201911)R-O6-19 Retail Bldg in EMI' drt:docx Subdivision (FP -01-11). On April 5, 2012, the City approved a modification to the master sign plan for Eagle Island Marketplace to increase the height and square footage of the two multi -tenant signs along Chinden Boulevard to 25 - feet in height and 197 -square feet (DR -14-09 MOD). E. COMPANION APPLICATIONS: DR -07-19 (Sherwin Williams signage) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION Existing Mixed Use Proposed North of site South of site East of site West of site No Change Neighborhood, Transition Overlay Mixed Use Mixed Use Medium Density Residential (Meridian Comprehensive Plan designation) C -3 -DA (Highway Business District with a development agreement) No Change RUT (Rural Urban Transition — Ada County Designation) C -3 -DA (Highway Business District with a development agreement) C -3 -DA (Highway Business District with a development agreement) RUT (Rural Urban Transition — Ada County Designation) LAND USE Vacant parcel within EIMP Retail building Single family residential Idaho Central Credit Union Multi -tenant building and Fred Meyer within EIMP Single family residential G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has been developed with paved landscaping. Page 2 of 13 K:\Planning I) ptIl agk Applications I)r12019U)R-06-19 Retail Bldg in li1MP drl:docx parking and I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.81 -acres (35,283 -square feet) 1,300 -square feet (minimum) Percentage of Site Devoted 11% (approximately) 92% (maximum) to Building Coverage Percentage of Site Devoted 17% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 43 -parking spaces total 16 -parking spaces (minimum) 35 -parking spaces (existing) 8 -parking spaces (new) Front Setback 102 -feet (South) 0 -feet (minimum) Rear Setback 28 -feet (North) 0 -feet (minimum) Side Setback 78 -feet (East) 0 -feet (minimum) Side Setback 32 -feet (West) 0 -feet (minimum) J. PARKING ANALYSIS: Gross Floor Area of Proposed Retail Building: 4,000 -square feet Retail sales not listed under another classification — 1/250 -square feet 4,000/250 = 16 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 250 square feet of gross floor area for a retail building: Proposed Parking Spaces: 43 [35 -parking spaces (existing), 8 -parking spaces (new)] Required Parking Spaces: 16 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Retail sales not listed under another use classification) K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a retail building. Height and Number of Stories of Proposed Buildings: 24' high single -story structure Gross Floor Area of Proposed Buildings: 4,000 -square feet. On and Off -Site Circulation: A 17,368 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30 -foot wide shared driveway is located on the east property line, is shared with the property to the east of this site and provides access to the site. One 30 -foot wide drive aisle is located to the north of the site which provides access to North Linder Road. This site has cross access and cross parking with adjacent sites within the Eagle Island Marketplace. Page 3 of 13 K:1Planning IhpIUiaglc Application\I)r120191DR•O6-19 Retail Bldg in EIMP drl.dncx L. BUILDING DESIGN FEATURES: Roof: Single ply membrane (white), standing seam metal awnings (silver to match the storefront) Walls: Stucco (SW6150 Universal Khaki, SW615 I Quiver Tan), Cultured Stone Drystack Ledgestone (Suede) Windows/Doors: Kawneer Storefront (Clear anodized/clear glass), hollow metal door (SW6151 Quiver Tan) Fascia/Trim: Stucco (SW6166 Eclipse), metal coping caps (SW6166) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees that are proposed to be removed or retained on the site. The applicant is proposing to remove two trees from the site. All other trees are proposed to be retained and protected. Below is a list of the existing trees proposed to be removed as identified on the landscape plan, date stamped by the City on January 10, 2019. Tree Specie (Location) Caliper Condition Replacement Inches per ECC 14" Crabapple (2) 3.5" each Unknown/Mitigation required per Eagle City Code Total caliper inches of trees required to be replaced on site Total caliper inches proposed for mitigation Two Craba^^le Trees to be Removed 14" 14" Tree Replacement Calculations: The applicant is proposing to install four additional 3" caliper trees (not required per code) and increase the size of two required trees from 2" caliper to 3" caliper to satisfy the 14 caliper inches required for mitigation. No additional trees are required for mitigation. Page 4 of 13 K \Nanning Der \Eagle Appliunions\D 1201911)R.nn 19 Retail Bldg in 1.Ikt1' drldo.x Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees were planted along North Linder Road by the developer of Eagle Island Marketplace. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 5% interior landscaping is required, 11.5% is proposed. N. TRASH ENCLOSURES: One (1) 167 -square foot trash enclosure is proposed to be located near the northwest corner of the building. The enclosure is proposed to be constructed of CMU walls with a stucco finish and metal gates; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and none are approved. P. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage of all site and building lighting has been provided. Detailed lighting cut sheets have been provided which comply with Eagle City Code Section 8-4-4-2. Q. SIGNAGE: No signs are proposed with this application. A separate design review application (DR -07-19) has been submitted for the approval of signs proposed on this building and on the site. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. The site is located within the Suez Water Service Area and within the boundaries of the Eagle Sewer District. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Page 5 of 13 K:1Planning DeptUiagk Applications\Dr2OI91DR-O6-19 Retail Bldg in EMU' drl.docx Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat — no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Ada County Highway District Eagle Park, Pathway, and Recreation Eagle Sewer District Meridian Fire Department Republic Services X. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site bases. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 Notwithstanding anything to the contrary herein, all commercial uses proposed for the Property listed below are considered permitted uses and shall not be subject to Eagle's conditional use permitting process. • Retail sales relating to an approved use (general) 3.5 Deliveries shall be conducted from the hours of 7:OOam to 10:OOpm all other operations of the site shall comply with Eagle City Code Section 4-9. 3.7 The following table demonstrates that parking at Eagle Island Marketplace exceeds the requirements of Eagle's Code. Please note that the parking schedule below uses the most intensive use scenario for the buildings. Parking Schedule PAD* BUILDING SQ. PARKING PARKING RATIO PER PROPOSED USE FT. STALLS SQ. FT. 1 7.800 39 5 per 1000 Retail / Restaurant 3.15 The Applicant shall construct outdoor plaza areas in strategic locations within the development and in front of the buildings to accommodate and facilitate gathering points for users of the development. These plaza areas shall include items such as seating areas, art work, fountains, Page 6 of 13 K:Wlanning Dcpt\Gagke ApplicationADA2019\DR-06-19 Retail 131dg in IiIMP drtldocx landscaping, drinking fountains, bike racks, or similar features designed and displayed in a manner that lends to establishing a common theme or identity to the development. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. D. DISCUSSION: • The applicant is requesting design review approval to construct a 4,000 -square foot retail building. The justification letter states that the building has been designed to meet the Romanesque Revival style identified in the Eagle Architecture and Site Design book. The building facades will incorporate stone and stucco, windows, awnings, modulation, and horizontal and vertical material changes. Staff defers comment regarding the building design and colors to the Design Review Board. • The site plan shows a seven -foot -wide sidewalk in front of the building (south side), but no additional amenities are proposed. Pursuant to development agreement condition of development 3.15, a plaza area in front of the building (south side) should include items such as seating areas, art work, or similar features. The applicant should be required to provide a revised site plan showing the addition of amenities located in front of the building and provide details of the amenities. The revised site plan and details of the amenities 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 REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 14, 2019, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 2:15:55) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the design of the building and the materials proposed, however, the Board determined the proposed color palette (Universal Khaki — SW6150 and Quiver Tan — SW6151) was too dark. The Board requested alternate colors be proposed on the building to help it blend with other buildings in the vicinity. • The Board is in favor of the removal of two trees on the site and the proposed tree mitigation identified Page 7 of 13 K:11'lanning Dcptlliagk Applicationcsfr120191DR-O6-19 Retail Bldg in IiIMIP drt.docx on the landscape plan. • The Board requested an additional sidewalk connection from the east facing door to the truck and trailer parking area to provide direct access to that area. BOARD DECISION: The Board voted 4 to 0 (Baer, Grubb, and Koci absent) to recommend approval of DR -06-19 for a design review application for a 4,000 -square foot retail building for Sherwin Williams for Capital Commercial Corp., with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-08-08, LLA -08-18, and DR -13-09. 2. Provide a revised site plan showing the addition of amenities located in front of the building (south side) and provide details of the amenities. The revised site plan and details of the amenities shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide written approval from the building's managing entity approving the architecture of the building prior to the issuance of a zoning certificate. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. 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. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 10. No signs are proposed with this application and none are approved. 11. Provide revised building elevations identifying lighter color tones (lighter than Universal Khaki — SW6150 and Quiver Tan — SW6151) proposed on the building. The revised building elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 12. Provide a revised landscape plan showing a walkway from the eastern exit door to the truck and trailer parking area located east of the building and relocate the plantings to the north and south of the walkway. The revised landscape plan shall be reviewed and approved bv_ staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 13. Provide revised building elevations identifying bronze window glazing on the storefronts located on the north and west building elevations. The revised building elevations 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. Page 8 of 13 K:\Planning Ihpt1Eagk Applications11hl20191)R-06-19 Retail Bldg in EIMP drl docx STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works 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 Page 9 of 13 K:Manning Ihpllliaglc Applications1Dr1201911A-06-19 Retail Bldg in EIMP drt:docx irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle 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. Page 10 of 13 K:U'lanning Dept Eagle ApplicationADA2O 9U)R-O6-I9 Ri tail Bldg in IiIMI' drl.doot 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. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -06-19) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Page 11 of 13 K:1Planning Dept\Eagle Application&U)A201911)R-06-19 Retail Bldg in EMI' drf:docx 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 retail building is permitted with the approval of a design review application within the C -3 -DA (Highway Business District with a development agreement) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed retail building is designed with materials and colors associated with the Romanesque architectural style which is consistent with buildings within Eagle Island Marketplace; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since meets the required parking for a retail building use; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed building has been designed with quality materials that are consistent with the Romanesque architectural style present in other buildings within Eagle Island Marketplace; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed building is in conformance with the Eagle Architecture and Site Design Book and has been designed to compliment 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 building is in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks and walkways for both walkability within the site and access to other buildings within Eagle Island Marketplace; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area since there are sidewalks and walkways that connect to other sites within Eagle Island Marketplace; and I. No signs are proposed with this application. A separate design review application (DR -04-19) has been submitted for the building wall signs and monument sign and all signs will be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. Page 12 of 13 KAYlanning Dept\Eagle Applications1Dr120191DR-06-19 Retail Bldg in [AMP drf.tlocx DATED this 28th day of February 2019. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Grubb, Chairs n ATTEST: Sharon K. Bergmann, Eagle City Clerk Page 13 of 13 K \Planning t)cpt\P.aglc Application}\I )r\2201,\lR-O6-19 RClall Bldg m I_1lI I' drt does