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Findings - CC - 2023 - DR-37-23 - Design Review for a Change of Use, Including Modifications to the Exterior Building Elevations and Lanscaping BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A CHANGE ) OF USE,INCLUDING MODIFICATIONS TO ) THE EXTERIOR BUIDLING ELEVATIONS ) AND LANDSCAPING FOR JASON COYLAR ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-37-23 The above-entitled design review application came before the Eagle City Council for their action on November 28,2023. 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: Jason Coylar,represented by Chuck Tookey with Maxey Tookey Architects,LLP,is requesting design review approval to convert an existing 22,875-square foot warehouse and storage building to a multi- tenant flex space and automotive repair building, including modifications to the exterior building elevations and landscaping. The 1.6-acre site is located on the south side of East State Street approximately 270-feet west of intersection of East State Street and South Edgewood Lane at 1447 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 13, 2023. Supplemental information was received by the City on September 4, 2023 (color rendering), September 14, 2023 (justification letter),and September 16,2023 (floor plan,building elevations,details). C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 15, 2023, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 23, 2016, the City Council approved a combined preliminary plat/final plat for Wallace Subdivision,a 2-lot commercial subdivision(PP/FP-04-16). E. COMPANION APPLICATIONS:None. Page 1 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown M-1 (Light Industrial District) Warehouse and Storage Building Proposed No Change No Change Multi-tenant Flex Space and Auto Repair Building North of site Downtown C-2 (General Business Jiffy Lube District) South of site Downtown MU (Mixed Use) Multi-tenant office (personal improvement, office [business and professional])building • East of site Downtown M-1 (Light Industrial District) Caliber Collision West of site Downtown M-1 (Light Industrial District) Tates Rents G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site contains one(1) existing 22,875-square foot commercial building. There is an existing 6-foot high chain link fence with gates on the east and west sides of the building, an existing parking lot, landscaping,and curb, gutter, and sidewalk along East State Street. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.6-acres(69,696-square feet) N/A Percentage of Site Devoted 33%(approximately) 92%(maximum) to Building Coverage Percentage of Site Devoted 5.3%(approximately-onsite) 10%(minimum) to Landscaping 7.3%(approximately—right of way) Number of Parking Spaces 52-parking spaces 52-parking spaces(minimum) Front Setback 63-feet(North) 0-feet(minimum) Rear Setback 69-feet(South) 0-feet(minimum) Side Setback 40-feet(West) 0-feet(minimum) Side Setback 58-feet(East) 0-feet(minimum) Page 2 of 23 K\Planning Dept\Eagle Applications\Dr\2023'Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx K. PARKING ANALYSIS: Gross Floor Area of Proposed Multi-tenant Flex Space and Automotive Repair Building:22,875-square feet Flex Space— 1 per 1,000-square feet of gross floor area for storage, 1 per 250-square feet of gross floor area for office Automotive Repair— 1 per 225 square feet of gross floor area Proposed Parking Spaces: 52 Required Parking Spaces(estimated per use requirements in Eagle City Code): Suite 1: 5,081-square feet Suite 2: 12,713-square feet Suite 3: 5,081-square feet 23, for 5,081-square feet using 1 parking space per 225-square feet for auto repair 8, for 5,081-square feet using 1 parking space per 250-square feet for office [687-SF] and 1 parking space per 1,000-square feet for storage [4,394-SF] 21,for 12,713-square feet using 1 parking space per 250-square feet for office [2600-SF] and 1 parking space per 1,000-square feet for storage [10,113-SF] L. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Building: The applicant is proposing to utilize an existing building as a multi-tenant flex space and auto repair building. Height and Number of Stories of Existing Building: 23' 6" Gross Floor Area of Existing Building: The proposed multi-tenant flex space and auto repair building is approximately 22,875-square feet. On and Off-Site Circulation: A 34,223-square foot(approximately) paved parking lot provides parking for vehicles using this site. One 34-foot wide shared driveway is located on the north property line and provides access to East State Street. M. BUILDING DESIGN FEATURES: Proposed Building Design: Italianate Roof: Metal(White) Walls: Hardie board horizontal siding (Stonington Gray), hardie mounded sand panel (Kendall Charcoal), metal(Stonington Gray) Windows/Doors: Hollow metal (Stormy Monday), aluminum(Dark Gray) Fascia/Trim: Hardie board trim (Kendall Charcoal) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are two existing trees adjacent to East State Street that will be protected and retained. Tree Replacement Calculations: N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Page 3 of 23 K\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx Street Trees: Street trees are existing and proposed along East State Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around a portion of the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 7.4% is proposed. O. TRASH ENCLOSURES: One(1) 120-square foot trash enclosure is proposed to be located on the south side of the building. The enclosure is proposed to be constructed of CMU block with stucco overlay and metal gates. P. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be located on the south side of the building with no additional screening. There are existing rooftop mechanical units that will be required to be removed or replaced with ground mounted mechanical units.No additional rooftop mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: Building elevations showing the showing location,height, illumination type,and wattage was received and does not comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved prior to the construction of any signs on the building and site. 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 Company 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—adjacent to East State Street Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Page 4 of 23 K\Planning Dept'Eagle Applications ODr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx 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 Assessor Eagle Fire Department Eagle Sewer District Historic Preservation Commission Idaho Department of Environmental Quality 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 5 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.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: 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 an developments are encouraged. Residential only development should be discouraged.Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential,Commercial,and Professional Office. 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-3: Effect of Other Provisions: If any provision of this article is found to be in conflict with any other provision of any Zoning, Building, Fire Safety or Health Ordinance or other provision of this Code, the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the City Council may,at their discretion, suspend or relax some or all requirements found in this article, if the City Council determines a particular site, setting,or use to have special and/or unique circumstances to warrant an exception to the requirements. • Eagle City Code Section 8-2A-6: Design Requirements,Objectives and Considerations: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA,TDA,CEDA,and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section,the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book,contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the Design Review Board.The objectives are separated into two(2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the Page 6 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: , 2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties through the proper use of screening with sound and sight buffers,and unsightly areas shall be concealed or screened and the design review board shall consider: a. The location, height, and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development; b. The location and type of new plantings, with due regard to preservation of specimen and landmark trees, and to maintenance of all plantings; c. The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and other unsightly developments; 3. Site Grading And Drainage: The on site grading and drainage shall be designed so as to maximize land use benefits and to minimize off site impact and provide for slope and soil stabilization to prevent erosion and the design review board shall consider: a. The existing and proposed grading relative to soil removal, fill work, retainage, soil stabilization, erosion control on the site and the adjacent terrain and streets, and adoption of the development to the existing site contours; b. The planting of ground covers or shrubbery to prevent dust, to stabilize soils and embankments and to control erosion; c. Existing and proposed storm drainageways, canals, floodway and floodplains relative to flow or alignment alterations,containment and endangerment of health; and 4. Signage: Signing for any project shall provide for business identification and minimize clutter and confusion on and off the site, and shall be in compliance with section 8-2A-8 of this article and the current edition of the uniform sign code adopted by the city. The design review board shall consider: a. The "overall sign concept" for multi-tenant business centers to assure that it addresses the continuity between tenant sign design and building design; b. The reduction of hazards to motorists, bicyclists and pedestrians as may be caused by or partially attributable to the distraction and obstruction of improperly located and designed signs; c. The provision for effective and necessary business identification systems adapted to the building design; d. The continued maintenance of signs throughout their life;and e. The size,location,design,color,texture,lighting,landscaping,and hours of operations of all permanent signs and outdoor advertising structures or features to ensure that any such proposals do not detract from the function of, or design of, buildings, structures, surrounding properties,neighborhoods,or streets. 5. Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground, and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; Page 7 of 23 K:UNanning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx b. The location and design of transformers,pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines,wells,and similar installations;and d. The continued maintenance of these service systems. 6. Building Design: 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. 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. 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. Page 8 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx 2. Roofs: e. Metal; standing seam,batten seam(concealed fasteners required); Metal,standing seam/batten seam is prohibited on mansard roof sections facing a road. 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-7: Landscape and Buffer Area Requirements: B. Landscape As Percent Of Site: 2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area,may be included in the ten percent(10%) landscape coverage requirement. C. Retention,Removal,And Replacement Of Trees: 1. Retention Of Existing Trees: a.Existing trees shall be retained unless removal is approved in writing by the city. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub.Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. E. Installation And Minimum Standards: 8. a.Certification Of Completion: Upon the completion of the landscape installation,or other improvement subject to design review approval, a written certification of completion shall be prepared by the licensed landscape architect responsible for the landscape plan. The certification of completion shall state that the installation of all landscape improvements is in substantial compliance with the city approved landscape plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and is required as a part of,and not in lieu of,the inspections performed and certificates issued by the city. b. Report Of Deficiencies: In the event that deficiencies are present after the landscape installation, or other improvements subject to design review approval, the licensed landscape architect shall prepare and file with the city a report noting the deficiencies in the improvements. The city will not accept a certification of completion, or issue a certificate of occupancy, until the licensed landscape architect has verified that the deficiencies have been corrected. c. Landscape Architect Designee: The licensed landscape architect may, at his or her discretion, appoint an authorized designee to certify the project provided that the designee is a licensed landscape architect. Page 9 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx J. Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements(plants, berms, fences,or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 2. Minimum Requirements: 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. K. Parking Lot Landscaping: 1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street parking: Parking should be located to the side and rear of buildings and shall be screened so that it does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen parking areas (chainlink fencing shall not be permitted). In the design of large parking areas, arrange bays of parking spaces to be separated by landscaping. When parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to extend above natural grade. 2. Parking Lot Landscape Strip:A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians,and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. 3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of perimeter. 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten(10)spaces and above.The required amount of landscaping is based on a sliding scale,as follows: Total Number Of Spaces Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 51+ 10 percent Page 10 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx b. Additional Requirements: (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs,ground cover, or grass. L. Landscaped Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten(10)shrubs for every thirty five feet(35')of street frontage.Two (2)ornamental or two(2)evergreen trees may be substituted for one shade tree. P. Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation;plants are not haphazardly placed in a way that fills up leftover space. Landscape plans should reflect a theme so that site elements are artfully and technically organized in a way that conveys meaning,coherence, and spatial organization.Landscaping should enhance the physical environment as well as the project's aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared by or under the responsible control of a licensed landscape architect with said plans to be duly stamped to clearly identify the preparer. Q. Approved Tree List: This list is a suggested planting list. Other tree species and varieties will be considered. Small Trees(Class I) Common Name Botanical Name Varieties Dogwood, flowering Cornus florida Cloud 9 Pear,callery Pyrus calleryana Aristocrat Capitol Chanticleer Cleveland Redspire Plum,flowering Prunus spp. Blireiana Newport • Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and Requirements: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light(including the Page 11 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way,or any private street,or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title,incandescent lights,two hundred fifty(250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent)shall be the only type of site and building lighting permitted. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: In accordance with subsection 8-4-1 A of this chapter, parking spaces for other permitted or conditional uses not listed herein shall be determined by the administrator. Among the factors for determining the number of spaces to be required for a use not listed herein,the administrator shall compare the proposed use with a use which has similar traffic generating characteristics as outlined in the most recent version of the institute of transportation engineers trip generation manual. Automotive repair shop,body shop,or tire shop 1 per 225 square feet of gross floor area Offices,business and professional 1 per 250 square feet of gross floor area Storage(enclosed building and/or fenced area) 1 per 1,000 square feet of gross storage area C. DISCUSSION: Eagle City Code Section 8-2A-3 states,"...in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the City Council may,at their discretion,suspend or relax some or all requirements found in this article if the City Council determines a particular site, setting,or use to have special and/or unique circumstances to warrant an exception to the requirements." The discussion items below identify code provisions that the applicant is requesting City Council approval of an exception(via the discretion provided in ECC Section 8-2A-3). • The applicant is proposing to change the use from warehouse and storage building to a multi-tenant flex space and auto repair shop building,including modifications to the exterior building elevations and site. The existing building is constructed of metal siding and roofing. The applicant's justification letter states that the exterior building modifications will incorporate the Italianate style of architecture by adding new siding, having a low-pitched roof, adding columns on the northeast and northwest corners, addition of enframements to the top of the window trim, and using rough panel along the bottom of the elevation to replicate a stone wainscot. Staff defers comment regarding the exterior building modifications, materials, design, and colors to the Design Review Board. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. Page 12 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx • The building elevations show the existing metal siding material located on south and portions of the east and west building elevations to be painted. The existing material has exposed fasteners. I I I iii ; ; ite t'Ii� Pursuant to Eagle City Code Section 8-2A-7(B)(1)(k), metal siding is required to have concealed fasteners and is prohibited on the portion of any building facing a road including 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 may be permitted where the applicant shows it is architecturally compatible with surrounding building,architecturally compatible with other nonmetal buildings in the area,attractively landscaped,and designed to equal or exceed the City requirement to eliminate the stark utilitarian look intended to be prevented by this requirement. The applicant should be required to provide revised building elevations showing the metal siding to have concealed fasteners. The revised building elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. Staff defers comment regarding the metal siding on the east and west elevations of the building facing the road to the Design Review Board. • The building elevations show the existing metal roofmg material to remain. The existing material has exposed fasteners. Pursuant to Eagle City Code Section 8-2A-7(B)(1)(k), metal roofing is material is required to have concealed fasteners. The applicant should be required to provide building elevations showing the metal roofing to have concealed fasteners. The revised building elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site plan shows an existing ground mounted mechanical unit located on the north side of the building to be removed. A site visit also determined there is additional mechanical equipment attached to the east and west sides of the building and on the roof. .40 49 Page 13 of 23 K:\Planning Dept\Eagle Applications ODr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx The applicant should be required to provide a revised site plan identifying the location of all existing mechanical equipment and showing it to be removed.A revised elevation plan showing areas where the equipment is removed shall show the siding and roofing be replaced with the siding and roofing materials and colors to match that which is approved with this application. The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site plan shows proposed ground mounted mechanical units located on the south side of the building with no additional screening. Pursuant to Eagle City Code Section 8-2A-6(A)(5),utilities should not detract from the building and site design. The applicant should be required to provide a revised site/landscape plan showing a screen wall or landscaping around the mechanical units to screen them from view. The revised site/landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The site plan shows the trash enclosure located on the south side of the building large enough for a trash bin. Pursuant to Eagle City Code Section 8-2A-6(B)(7), commercial developments are required to provide for trash and recycle services. The applicant should be required to provide a revised site plan showing the enclosure large enough for both trash and recycle. The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The trash enclosure elevations show the enclosure to be constructed of CMU block with stucco overlay and metal gates. The materials proposed are not consistent with the materials proposed on the building and the colors of the materials were not identified.The applicant should be required to provide revised trash enclosure elevations showing the enclosure constructed of materials and colors utilized on the building. The revised elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows 5.3%landscaping on the site and 7.3%within the right of way adjacent to the site. Pursuant to Eagle City Code Section 8-2A-7(B)(2), a minimum of 10% landscaping is required on the site. The applicant is requesting for the 7.3% landscaping located within the right of way be counted toward the overall landscaping percentage which would make the total 12.6%. Staff defers comment regarding the site landscaping to the Design Review Board. If the Board recommends the landscaping located within the right of way be included in the overall site landscaping percentage,no additional landscaping is required. -OR- If the Board does not recommend the landscaping located within the right of way be included in the overall site landscaping percentage, the applicant should be required to provide a revised landscape plan showing an additional 4.7% landscaping on the site. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows three street trees and twelve shrubs located within the landscape strip between the parking lot and the street. Pursuant to Eagle City Code Section 8-2A-7(K)(2)(a), one shade tree and ten shrubs are required per 35-linear feet of frontage between the right of way and parking lot.A total of 45-shrubs is required. The applicant should be required to provide a revised landscape plan showing the addition of 33-shrubs located between the parking lot and the right of way along East State Street. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows no landscaping proposed along the east, west, or south property lines. Pursuant to Eagle City Code Section 8-2A-7(K)(3), a minimum 5-foot wide perimeter landscape strip is required between the property lines and parking lot and is to be planted with a minimum of one shade tree and five shrubs per 35-linear feet of perimeter. Page 14 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx o \ T � o of T :E 1 �" p■ ° 0 .: \ ■ OO Mi b BUR[ ( BURG] Q, • cS — 1t —The n C I 011 st — °ate T ° \ 1 \L •• : . / . 6 .-01T \ r- O r 0 ~�- -, .....•F /O o The applicant should be required to provide a revised landscape plan showing 8-trees and 37-shrubs along the east property line,9-trees and 45-shrubs along the west property line,and 6-trees and 30- shrubs along the south property line.The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows 7.4% interior parking lot landscaping. Pursuant to Eagle City Code Section 8-2A-7(K)(4), 10% interior landscaping is required for 51 or more parking spaces. The applicant should be required to provide a revised landscape plan showing the addition of 2.6% interior parking lot 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 a zoning certificate. • The applicant is not proposing any signage for the building currently.If signage is proposed for the building,a design review application for a master sign plan is required. • The building elevation and floor plans show the roll up doors and man doors on the east side of the building in the locations they currently exist. The site plan shows them in different locations. I I I III III II II II I— !NH # o B ■ urt i uu I .. ._ itn to I l gnu -ED i ,uu Q hi _■ ■'_ The applicant should be required to provide a revised site plan showing the existing roll up doors and man doors located on the east side of the building located where they are shown on the building elevation and floor plans. The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 15 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx • The landscape plan shows areas in the interior parking islands and along East State Street with a hatched area. The landscape legend does not indicate what ground material is proposed. iN o € •1 I € r d o , o 1 I✓ 1,l . ; , L o 0 o WE l p-t. T' ifjw , V„L, , o o 1 I IA WTID r , T 1 .o © o a I I �� The applicant should be required to provide a revised landscape plan noting the material the hatched area resembles within the landscape islands and landscape area between the parking lot and sidewalk along East State Street. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows the west drive aisle being removed and replaced with landscaping; however,the landscaping is shown to stop at the north property line. • QI1 Tf The applicant should be required to provide a revised landscape plan showing the landscaping associated with the west drive aisle to be extend to the edge of the existing planter to the south.The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. The discussion items below identify code provisions that are not located within ECC Section 8-2A; therefore,ECC Section 8-2A-3 regarding exceptions does not apply. • Note 15 on the building elevations states"3000K LED Wall Sconce"and provides information for the lighting cutsheet. The information provided is for a wall light and illumination type that does not comply with Eagle City Code.Pursuant to Eagle City Code Section 8-4-4-2(A)(3),all building lighting is required to be shielded to direct all light downward and the source of the light(including the lamp and any nonopaque material/lens covering the lamp)shall not be directly visible. /:[ 0 3000K LED WALL SCONCE,ECLPSE LIGHTING NO. , T-i•.en SM-TR-XL2-LET-2OW-4K-SOCRI-120-8Z-S32a Page 16 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC docx The applicant should be required to provide revised building elevations noting the style, color, illumination type, wattage, etc. of a building wall light that complies with Eagle City Code. The revised building elevations should be reviewed and approved by staff 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 October 26,2023, 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 proposed exterior modifications to the building and site,including painting the existing metal siding and roofing that has exposed fasteners. • The Board is in favor of not requiring perimeter landscaping due to drive aisle width limitations(west side),existing perimeter landscaping on the adjacent properties,and adding additional plantings on the north side of the building. • The Board is in favor of the landscaping within the right-of-way being counted toward the overall percentage of landscaping for the site. BOARD DECISION: The Board voted 4 to 0 (Grubb, Duperault, and Mihan absent)to recommend approval of DR-37-23 for a design review application for a change of use, including modifications to the exterior building elevations and landscaping,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 November 9,2023. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on November 28, 2023, at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-37-23 for a design review application for a change of use,including modifications to the exterior building elevations and landscaping,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide a revised site plan identifying the location of all existing mechanical equipment on the east and west building elevations and rooftop and showing them all to be removed. The areas where the equipment is removed shall show the siding and roofing to be replaced with the siding and roofing materials and colors to match that which is approved with this application. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 2. Provide a revised site/landscape plan showing a screen wall or landscaping around the mechanical units to screen them from view.The revised site/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. Page 17 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx 3. Provide a revised site plan showing the enclosure large enough for both trash and recycle. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide revised trash enclosure elevations showing the enclosure constructed of materials and colors utilized on the building. The revised elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. The Board recommends the landscaping located within the right of way be included in the overall site landscaping percentage,no additional landscaping is required. 6. Provide a revised landscape plan showing the addition of 33-shrubs located between the parking lot and the right of way along East State Street.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. 7. Provide a revised landscape plan showing the addition of 2.6% interior parking lot 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 a zoning certificate. 8. The applicant is not proposing any signage for the building. If signage is proposed for the building, a design review application for a master sign plan is required. 9. Provide a revised site plan showing the existing roll up doors and man doors located on the east side of the building located where they are shown on the building elevations and floor plans. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 10. Provide a revised landscape plan noting the material the hatched area resembles within the landscape islands and landscape area between the parking lot and sidewalk along East State Street. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 11. Provide a revised landscape plan showing the landscaping associated with the west drive aisle to be extended to the edge of the existing planter to the south. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 12. Provide revised building elevations noting the style,color,illumination type,wattage,etc.of a building wall light that complies with Eagle City Code. The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 13. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 14. 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. 15. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 16. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 17. No ground mounted mechanical units are proposed with this application and none are approved. 18. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 19. No signs are proposed with this application and none are approved. 20. No outdoor storage is permitted on the site. 21. Provide a revised landscape plan showing shrubs including taller, columnar plantings located within the planter area adjacent to the north building elevation. 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 Page 18 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx permit. 22. Provide a reciprocal cross-access agreement between this site and the property to the west allowing cross access. The cross-access agreement shall be reviewed and approved by the City Attorney and shall be recorded in the Ada County Recorder's office prior to the City issuing 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 carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested Page 19 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx 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 Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. Page 20 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx 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. Page 21 of 23 K\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC docx 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-37-23) 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 change of use,including modifications to the exterior building elevations and landscaping is permitted with the approval of a design review application within the M-1 (Light Industrial District)zoning district; A. 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 exterior building modifications are designed to be harmonious with the surrounding buildings and the Italianate style is one of the nine architectural styles identified in the Eagle Architecture and Site Design book; B. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for a multi- tenant flex space and auto repair shop; C. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features since the building has been modified with quality materials and has been designed to enhance the character of the area; D. 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 exterior building modifications are in conformance with the Italianate style identified within the Eagle Architecture and Site Design book; E. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the existing building is in conformance with the required setbacks and height restrictions permitted within Eagle City Code; F. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since there is an existing pathway located on the north side of the property and the parking lot has been designed with connectivity to the public streets; G. 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 H. 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 22 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx DATED this 28th day of November 2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jas Pie ce,Mayor ATJEST: •,•• �r,.� • ,ti • T . �JI�GC � � � Tracy E. •am Eagle City Clerk - SEAL 'OFI„Ot. ♦♦,`rr,,,,,,, ,,,`,, Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right, pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis. Page 23 of 23 K:\Planning Dept\Eagle Applications\Dr\2023\Mod to Exterior Bldg&Change of Use DR-37-23\Mod to Exterior Bldg&Change of Use Findings CC.docx