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Findings - DR - 2024 - DR-72-23 - East End Marketplace - Multi-Tenant Restaurant/Retail and Restaurant with a Drive-Through Building i i BE ORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN(APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI- ) TENANT RESTAURANT TAIL AND ) RESTAURANT WITH A RIVE-THROUGH ) BUILDING FOR RENNIS N COMPANIES ) FINDINGS OF FACT AN CONCLUSIONS OF LAW CASE NUMBER DR-72-2 The above-entitled design re iew application came before the Eagle Design Review Board for their action on December 14,2023. The Eagle 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: Rennison Companies,re resented by Walt Lindgren with Lindgren Labrie Architecture, is requesting design review approval f a 3,774-square foot restaurant/retail and restaurant with a drive-through building. The 0.57-acre ite is located on the southeast corner of South Edgewood Lane and East State Street at 650 South Edge ood Lane within East End Marketplace. B. APPLICATION SUBMI AL: The City of Eagle recei ed the application for this item on October 24, 2023. Revised (building elevations)were receive on December 5,2023. C. NOTICE OF AGENCIE`' REVIEW: Requests for agencies're iews were transmitted on May 18,2023,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEV' T PREVIOUS ACTIONS: On February 13, 2007, t e Eagle City Council approved a Comprehensive Plan Map Amendment, a rezone with developmen I agreement,a vacation,and a preliminary plat application for Eagle Gateway Subdivision(CPA-02-06 ' -08-06/VAC-01-06/PP-09-06). On January 12, 2016,the City Council approved a Comprehensive Map Amendment from Mixed Use to Commercial and a re.one from BP (Business Park) to MU-DA (Mixed Use with a development agreement [in lieu of a Conditional Use Permit]) and C-2-DA (General Business District with a development agreement) o develop a 48-unit senior apartment building and commercial area consisting of retail,financial,and r-staurant uses with drive throughs(CPA-05-15 &RZ-11-15). On March 24,2016,the Design Review Board approved a design review application for a master sign plan for the specialty retail store(DR-07-16). On April 14, 2016, the Design Review Board approved a design review application for the common area landscaping within'East End Marketplace, including the construction of a 14,924-square foot specialty retail store(food and beverage sales)(DR-06-16). On July 14,2016,the Design Review Board approved a design review application for the master sign plan for East End Marketplace(DR-34-16). On April 20,2017,the City approved an extension of time application for the common area landscaping Page 1 of 13 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx within East End Marke - retail store lace, including the construction of a 14,924-square foot specialty s o e (food and beverage sale )(EXT-04-17). On July 24, 2018, the pity Council approved a design review application to modify the master sign plan for East End Marketplace(DR-34-16 MOD). On February 22, 2023, the City Council approved a design review application for a multi-tenant retail/restaurant buildin within East End Marketplace(DR-61-21). E. COMPANION APPLIC TIONS: DR-73-23 (master sign plan application). F. COMPREHENSIVE PL N LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-2-DA(General Business Vacant parcel within East District with a development End Marketplace agreement) Proposed No Change No Change Multi-tenant Restaurant with a Drive-Through and Restaurant/Retail Building North of site Commercial C-2(General Business Multi-tenant commercial District) building South of site Commercial C-2-DA(General Business Vacant parcel within East District with a development End Marketplace agreement) East of site Commercial C-2-DA(General Business Vacant parcel within East District with a development End Marketplace agreement) West of site Commercial MU(Mixed Use) South Edgewood Lane/ Multi-tenant Commercial Building and Bank with a Drive-Through G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb,gutter,and sidewalk along South Edgewood Lane and East State Street as part of East End Marketplace. Page 2 of 13 K:\Planning Dept\Eaglg Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx J. SITE DATA: SITE DATA ' PROPOSED REQUIRED Total Acreage of Site 0.58-acres(25,221-SF) 5,000-square feet(minimum) Percentage of Site Devoted 15%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 32%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 26-parking spaces(plus queue space for 23-parking spaces(minimum) 12-cars for drive-through) (plus queue space for 5-cars for drive up service) Front Setback(South) 71-feet 20-feet(minimum) Rear Setback(North) 22-feet 20-feet(minimum) Side Setback(West) 27-feet 20-feet(minimum) Side Setback(East) 61-feet 7.5-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Restaurant/Retail and Restaurant with drive-through: 3,774-square feet • Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor area for restaurant with drive-through;plus queue space for 5-cars for drive up service. • Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor area for restaurant. • Eagle City Code Se tion 8-4-5 requires 1 parking space per 250-square feet of gross floor area for retail. Proposed Parking Spac s: 26 Required Parking Spac s(estimated per use required in Eagle City Code): 7 (plus queue for 5-car for drive-up service), for 1,400-square feet using 1 parking space per 200- square feet for restaur t with drive-through. 16,for 2,370-square feet using 1 parking space per 150-square feet for restaurant. 10,for 2,370-square feet using 1 parking space per 250-square feet for retail. L. GENERAL SITE DESI N FEATURES: Number and Uses of Pr posed Buildings: The applicant is proposi g to construct one(1)building to be utilized as a multi-tenant retail/restaurant building with a drive-th i ough. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-four and one half foot (24 1/') high single-story structure. Page 3 of 13 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx i11 Gross Floor Area of Pr oposed Buildings: The proposed multi-tenant restaurant with drive-through and retail/restaurant building is approximately 3,774-square feet. On and Off-Site Circulation: A 9,570-square foot (.pproximately) paved parking lot provides parking for vehicles using this site. One existing 28-foot ide shared driveway is located at the northeast corner of the site and will be shared with all the par.els within this development providing access to East State Street. M. BUILDING DESIGN EATURES: Proposed Building Deign: Craftsman Roof: Single ply mem.rane(White) Walls: Stucco(Mindful Gray),Brick Veneer(Ebony),Fiber Cement Board Siding(Iron Ore), Windows/Doors:Al inum(Charcoal) Fascia/Trim: Metal(Iron Ore) N. LANDSCAPING DES GN: Retention of Existing Threes and Preservation Methods: There are no existing trees. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): Street trees were installed with the common area landscaping (DR-06-16). Street Trees: Street trees exist 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 the perimeter of the parking lot. b. Interior Landscape g: 8%interior landscaping is required,8%is proposed. O. TRASH ENCLOSURE : One(1)245-square foot trash enclosure is proposed to be located on the property to the south near the southwest cover of the parking area. The enclosure is proposed to be constructed of CMU walls finished with stucco and metal gates; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location and detailed lighting cutsheets showing the style, color,height,illumination type,wattage,etc.was received and complies with Eagle City Code Section 8-4-4-2. Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx I R. SIGNAGE: No signs are proposed With this application. A separate design review application(DR-72-23)has been submitted for the approval of a master sign plan for signs proposed on this building and on the site. S. PUBLIC SERVICES VAILABLE: A preliminary approv 1 letter from Eagle Fire Department has been received by the City. The site is located within Veolia ater service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROP SED:None. U. PUBLIC USES SHO ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE F ATURES: Areas of Critical Envirbnmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-no Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REV EW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONS S: The following agencie have responded and their correspondence is attached to the staff report. Ada County Highway istrict Ballentyne Ditch Com any Central District Health Department of Environmental Quality Eagle Fire Department Eagle Historic Presery tion Commission Eagle Public Works Eagle Sewer District Idaho Transportation Department Y. LETTERS FROM T PUBLIC:None received to date. Z. EAGLE CITY CODE -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 d standards used in evaluating the application; b. The reasons for he approval or denial; c.The actions,if a y,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City Page 5 of 13 K:\Planning Dept\Eaile Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx i Council, whichev r is applicable, shall review the particular facts and circumstances of each proposed design eview in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function n conformance with the applicable strategies of the Eagle Comprehensive Plan and is in acco ance with the regulations of this Code; b. Is of a scale,i tensity,and character that is in harmony with existing conforming and planned development i the vicinity of the site; c. Is designed w th adequate off street parking facilities in such a way as to not interfere with ingress/egressto 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 inte re with the visual character,quality,or appearance of the surrounding area and the City, and here possible, enhance the continuity of thematically common architectural features; e. Will have fac des, features, and other physical improvements that are designed as a whole, when viewed lone as well as in relationship to surrounding buildings and settings; f. Will not obst ct views and vistas as they pertain to the urban environment and in relation to artistic consid rations; g. Will provide afe and convenient access to the property for both vehicles and pedestrians through patte rill ed 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 1 i. Will have si ,if proposed,that are harmonious with the architectural design of the building and the adjace t buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIE BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DES N REVIEW BOARD'S FINDINGS OF FACT: A. COMPREHENSIVE AN 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 primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses sh uld complement uses within Downtown Eagle. Development within this land use designation shoul be required to proceed through the PUD and/or Development Agreement process, see specific p arming area text for a complete description. An allowable density of up to 20 units per 1 acre. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 The commercial retail buildings shall be constructed utilizing a style of architecture as shown on Exhibit E.Th multi-family building and commercial buildings shall be designed utilizing four-sided archit cture. Eagle Design Review Board approval of the detailed architectural plans for the develop ent is required prior to the issuance of building permits for the multi-family and commercial/ etail buildings. Page 6of13 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR dock 3.10 The Restaurants with drive through)shall be limited to Pads B,C,K, and N. Owner shall ( g ) provide a minimum forty-eight inch(48")buffer(berm,decorative block wall,cultured stone, decorative rock,jor similarly designed concrete wall)between the drive through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes(i.e. vehicle headlighjts and vehicle cueing). 3.12 The development is to incorporate public art,water features,or other features of interest and pedestrian amenities which encourage pedestrian use(i.e.: outdoor drinking fountains,benches, tables,etc.). The amenities shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. 3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule of Parking Requirements. 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. • Eagle City Code Section 8-2A-6(B)(3)Fences: a. Block(with columns),which may include brick,rock,stone or similar veneer; b. Brick(with columns); c. Wrought iron; d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. However,powder coated chain link fencing may be permitted for use on school sites. D. DISCUSSION: • The applicant is requesting design review approval to construct a 3,774-square foot multi-tenant retail and restaurant with drive through building. The applicant's justification letter describes the building's design as Craftsman style which is permitted within the EASD book. The justification letter states the overall massing of the building incorporates staggered depths and heights for visual interest and iconic tower elements which provide for a strong visual presence along both South Edgewood Lane and East State Street. Building materials include brick veneer, stucco, and a combination of horizontal fiber cement board siding. Staff defers comment regarding the building design,materials,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 Page 7 of 13 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR dock II features, and will have facades, features, and other physical improvements that are designed as a whole, when vie ed alone as well as in relationship to surrounding buildings and settings. Staff defers comment o the proposed building regarding the harmonious nature and relationship of the building to the su ounding vicinity to the Design Review Board. • The applicant is p loposing a 4-foot high aluminum fence with horizontal pickets,with landscaping at the base of the '-nce to be installed along the north side of the drive-through lane and East State Street. A 3-foot hi.h landscape berm is proposed along the west side of the drive-through. Pursuant to the developme agreement 3.10,the restaurants(with drive through)shall be limited to Pads B, C,K,and N.Owns r shall provide a minimum forty-eight inch(48")buffer(berm,decorative block wall, cultured sto e, decorative rock, or similarly designed concrete wall) between the drive through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes (i.e vehicle headlights and vehicle cueing). The applicant should be required to provide a revised landscape plan showing a 48-inch high buffer (berm, decorative block wall, cultured stone,decorative rock,or similarly designed concrete wall)between the drive through lane and East Street . d South Edgewood Lane. The revised landscape plan and/or decorative wall should be reviewe• and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site!,specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on December 14,2023, 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 building as submitted with the site specific conditions of approval as noted herein. BOARD DECISION: The Board voted 4 to 0(Duperault,Mihan,and Greer absent)to recommend approval of DR-72-23 for a design review application for a multi-tenant restaurant/retail and restaurant with drive-through building, 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 DR-06-16 and CPA-05-15 &RZ-11-15. 2. Provide a revised landscape plan showing a 48-inch high buffer(berm,decorative block wall,cultured stone, decorative rock, or similarly designed concrete wall) between the drive through lane and East Street and South Edgewood Lane. The revised landscape plan and/or decorative wall shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide detailed cutsheets of the proposed bike rack showing the style, size, color, etc. The detailed cutsheets shall be reviewed and approved by staff 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. Page 8 of 13 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx i 5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project,prior to t e 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 th- City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted echanical units are proposed with this application and none are approved. 9. Paint all electrical me iers,phone boxes, etc. located on the building to match the color of the building. 10. No signs are propose* with this application and none are approved. 11. Provide revised elevat on ,lans showin•the brick veneer to be Lakewood Plant—Gra I hite Grain. The revised elevation pla s shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 12. Provide a revised lan cape plan showing the electrical and gas meters to be screened from view. The revised landscape pla shall be reviewed and approved by staff and one member of the Design Review Board prior to the iss ce of a zoning certificate. NOTE: In the event a S andard Condition of Approval conflicts with a Site Specific Condition of Approval contained her in the Site Specific Condition of Approval shall control. STANDARD CONDITI NS OF APPROVAL: 1. The applicant shall co ply with all requirements of the Ada County Highway District and/or the Idaho Transportation epartment,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 Ci prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of ealth&Welfare approval of the sewer and water facilities is required prior issuance of any buildi g permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Cent al District Health,Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of b ilding permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of al well water for any shared or commercial well shall be obtained from the Idaho Department of Water 'esources and shall be submitted to the City prior to issuance of any building permits or Certificate •f Occupancy,whichever occurs first. 5. Unless septic tanks ay 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 su omit a letter from the appropriate drainage entity approving the drainage system and/or accepting said s ainage;or submit a letter from a registered professional engineer certifying that all drainage shall .e retained on-site prior to issuance of any building permits or Certificate of Occupancy,whicheve 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 satisfacto disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to t e City Engineer for review and approval prior to issuance of any building permits or Certificate .f Occupancy,whichever occurs first. Page 9 of 13 K:\Planning Dept\agle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association,or other irrigation entity,shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs fir . All construction shall comply with the City's specifications and standards. The applicant shall p ovide a recorded easement,acceptable to the City Engineer,for the purpose of installing and mainta ning street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior toi 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 c nstruction shall comply with the City's specifications and standards. Lighting is required i the parking area and shall be properly illuminated to avoid accidents. Any lights used to illumin to the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area sha 1 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 p ans,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: Page 10 of 13 K:\Planning DepttEagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx i a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall o tain written approval of the development relative to the effects of the Boise River Flood Plain(i applicable)from the Corps.of Engineers prior to issuance of a building permit or Certificate of Occ pancy,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 an other agency having jurisdiction prior to issuance of a building permit or Certificate of Occup ncy,whichever occurs first. 19. Basements in the flo d plain are prohibited. 20. The Americans with isabilities Act,Uniform Building Code,Eagle City Code,and all applicable County, State and F eral 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 pl ns to the Design Review Board and the City Council for review and approval. 22. Any changes to the lans and specifications upon which this approval is based,other than those required by the abov conditions,will require submittal of an application for modification and approval of that appl cation prior to commencing any change. 23. Any modification of he approved design review plans, including,but not limited to building design, location and details, andscaping,parking,and circulation,must be approved prior to construction/ installation of such c anges. Failure to do so may result in the requirement to modify the project to comply with the app oved design review and/or result in the inability to issue a final approval for occupancy of this pr ject. 24. Use,or each use for ulti-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of Distric Use Regulations",and any use and subsequent change by the applicant in the planned use of the p perty which is the subject of this application,shall require the applicant to Page 11 of 13 K:\Planning Dept'Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx I I submit a Zoning Pe it application to the City and comply with all rules,regulations,ordinances, rn- plans,or other regulat ry and legal restrictions in force at the time the applicant or its successors in interest advises the Ci of Eagle of its intent to changes the planned use of the subject property unless a waiver/varia ce of said requirements or other legal relief is granted pursuant to the law in effect at the time the hange in use is sought. 25. Approval of any Desi 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 i.pproval 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-72-23) 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 Comprehe sive Plan. 2. The Board reviewed he particular facts and circumstances of the proposed design review in terms of Eagle City Code 8- A-13, "General Standards For Design Review" and has concluded that the proposed design revi w: A. Will function in onformance 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 lan and a multi-tenant restaurant/retail and restaurant with a drive-through building with th approval of a design review application within the C-2-DA (General 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 he vicinity of the site since the proposed multi-tenant restaurant/retail and restaurant with a ive-through building is designed to complement the general vicinity; C. Is designed wit adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site has been designed with onsite parking; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possib e,enhance the continuity of thematically common architectural features since the building has be n designed to meet the architectural styles specified within the development agreement; E. Will have facade , features, and other physical improvements that are designed as a whole,when viewed alone as well as in relationship to surrounding buildings and settings since the building is designed to be harmonious with other surrounding buildings; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building does not exceed the 35-feet permitted within Eagle City Code; Page 12 of 13 K:\Planning Dep\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx 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 sidewalks that provide access to the building and other future buildings within the vicinity; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architetftural features. DATED this 11th day of January 2024. DESIGN REVIEW BOARD OF THE CITY OF EAG Ada Co ,Idaho Robert Grubb,Chairman A EST: '•',s111111111,1 •.•'� OF �###�. C..... ......s: -�a 1 •••• G��•••Po FgCl s �0R R•1 ,� ,: Tracy . Osborn,Eagle 6ity Clerk F - . *%0SEAL ^: I •1. J'�,•Q......... oRA y . •\S �#'•.,��k'IOF;V P�•.•. Page 13 of 13 KP.Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.5 DR-72-23\East End MT Bldg No.5 Findings DR.docx