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Findings - CC - 2024 - DR-2024-04 - Design Review for a Multi-Tenant Office/Personal Improvement/Retail/Restaurant Building Within Stillwater Sub BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MULTI-TENANT ) OFFICE/PERSONAL IMPROVEMENT/RETAIL/ ) RESTAURANT BUILDING WITHIN ) STILLWATER SUBDIVISION FOR ) STILLWATER DEVELOPMENT PARTNERS,LLC) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2024-04 The above-entitled design review application came before the Eagle City Council for their action on April 9, 2024. 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: Stillwater Development Partners, LLC, represented by Corey Elitharp, is requesting design review approval of a 12,405-square foot,two-story multi-tenant office/personal improvement/retail/restaurant building.The 1.24-acre site is located on the north side of West Copper Silo Street approximately 400- feet west of the intersection of State Highway 44 and South Urban Gate Avenue at 2505 West State Street on an unplatted parcel associated with Stillwater Subdivision. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 18, 2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 1, 2024, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision (CPA-04-15/RZ-07-15 and PP-04-15). On March 24,2016,the Design Review Board approved the common area landscaping within Stillwater Subdivision(DR-11-16). On January 10,2017,the City Council approved a preliminary plat extension of time for the preliminary plat of Stillwater Subdivision to be valid until January 12,2018(EXT-11-16). On April 13, 2017, the Design Review Board approved a master sign plan for Stillwater Subdivision (DR-12-16). On August 8, 2017, the City Council approved the final plat for Stillwater Subdivision No. 1 (FP-08- 17). On January 23, 2018, the City Council approved a modification to the final plat for Stillwater Subdivision No. 1 (FP-08-17 MOD). Page 1 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx On February 15,2019,the City approved a modification to the common area landscaping and entrance to Stillwater Subdivision(DR-11-16 MOD). On August 9,2019,the City approved a modification to the master sign plan to change the background color of the tenant panels, the font color of the tenant signs, and to construct the tenant panels with punch through illumination on the monument sign(DR-12-16 MOD). E. COMPANION APPLICATIONS: DR-2024-05 (master sign plan application). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with a Vacant parcel within development agreement) Stillwater Subdivision Proposed No Change No Change Multi-tenant(office/ personal improvement/ retail/restaurant)building North of site Neighborhood R-2-DA-P(Residential with a Vacant land(future Shingle Residential/Transition development agreement— Creek Subdivision) Overlay PUD) South of site Mixed Use MU-DA(Mixed Use with a Vacant parcel within development agreement) Stillwater Subdivision East of site Mixed Use MU-DA(Mixed Use with a Vacant lot within Stillwater development agreement) Subdivision No. 1 West of site Mixed Use MU-DA(Mixed Use with a Vacant parcel within development agreement) Stillwater Subdivision G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 2 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.24-acres(54,220-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 23%(approximately) 100%(maximum)* to Building Coverage Percentage of Site Devoted 15.5%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 75-parking spaces To be determined upon issuance of a zoning certificate for each tenant space. Front Setback(South) 234-feet 0-feet(minimum)* Rear Setback(North) 33-feet 0-feet(minimum)* Side Setback(East) 38-feet 0-feet(minimum)* Side Setback(West) 492-feet 0-feet(minimum)* *Note:Setbacks and lot coverage approved within the Stillwater development agreement(RZ-07-15). K. PARKING ANALYSIS: Gross Floor Area of Proposed Multi-tenant office/personal improvement/retail/restaurant building: 12,405-square feet Proposed Parking Spaces: 75 Required Parking Spaces(estimated per use requirements in requirements in Eagle City Code): 62,for 12,405-square feet using 1 parking space per 200-square feet for offices(medical and dental) 83, for 12,405-square feet using 1 parking space per 150-square feet for restaurant(no drive-thru) 50, for 12,405-square feet using 1 parking space per 250-square feet for offices (business and professional),personal improvement, and retail sales Parking requirements will be determined upon review of the zoning certificate for each tenant space. L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1)building to be utilized as a multi-tenant office/personal improvement/retail/restaurant building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately thirty-two foot(32')high two-story structure. Gross Floor Area of Proposed Buildings: The proposed multi-tenant office/personal improvement/retail/restaurant building is approximately 12,405-square feet. Page 3of19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx On and Off-Site Circulation: A 33,842-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 26-foot wide shared driveway is located near the southeast corner of the parking lot and shared with the property to the east of this site. One 24-foot wide driveway is located adjacent to the east property line of this site. Both driveways provide access to West Copper Silo Street. M. BUILDING DESIGN FEATURES: Proposed Building Design:Northwestern Roof: Standing seam metal(Black), TPO(Black) Walls: Brick veneer(Tivoli faded red),concrete(exposed), aluminum composite (Black) Windows/Doors: Aluminum(Black) Fascia/Trim: Steel(Clear Epoxy Finish) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees on the site. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees were approved adjacent to State Highway 44 with the common area landscaping for Stillwater Subdivision; however,the street trees and frontage have not been installed. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10%interior landscaping is required, 10% is proposed. O. TRASH ENCLOSURES: Note 11 on sheet L 1.0 states that this building will share a trash enclosure with the Eagle Early Learning Center (lot to the east); however, a design review approval for that lot has not been received. The applicant is required to install a trash enclosure in conjunction with this building. The enclosure is required to 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 parapet walls;however,the roof section shows the units higher than 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, style, height, illumination type, wattage has been received and complies with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-2024-05)has been submitted for the approval of signs proposed on this building and on the site. Page 4 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-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 REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Sewer Department Historic Preservation Commission Idaho Department of Environmental Quality 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; Page 5 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx 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. 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: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis.Uses should complement and not take away from downtown Eagle.Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.5 The setbacks shall be as follows(Product Type Exhibit I): Flex/Commercial/Office/Residential Condo Area Zero lot line setbacks are requested for the commercial portion of this project Maximum Lot Coverage 100%(Commercial) 3.8 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," existing at the time a design review application or conditional use permit application(whichever the case may be)is made for individual building use. All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses Page 6 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit,except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown at"C"conditional uses under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: Retail Sales(General) Retail Sales(Limited) 3.14 The single-family dwellings shall be constructed utilizing "Northwestern" style architectures as shown on Exhibit D. The commercial/retail buildings, live/work residential units, townhouses,and pool house shall be constructed utilizing"Northwestern"style architecture as shown on Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, live/work residential units, townhouses, pool house, pumphouse for irrigation, and gazebos. 3.21 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, minimum ten foot (10') wide public pathways, improved with a crushed material along the portion of the Property located adjacent to the Boise River and asphalt located adjacent to State Highway 44. The pathways shall be constructed concurrently with Phase No. 1 of Stillwater Subdivision. The specific location and design of the pathways (Exhibit H) shall be approved by the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The developer shall provide a surety in the form of an irrevocable letter of credit,certificate of deposit,or cash,in the amount equal to one hundred fifty percent (150%) of the estimated construction cost of the public pathways to guarantee completion.If the crushed material public pathway is not paved within 5 years the money provided shall be returned to the developer. The pathways shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6E(2).The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway shall be prohibited. 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(A)(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: Page 7 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx a. Size and location of all service systems for appropriate appearance and maintenance accessibility; 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. • Eagle City Code Section 8-2A-6(B)(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. • Eagle City Code Section 8-2A-6(B)(4): Decks and patios: a. Concrete(stamped finish and smooth finish); b. Brick pavers; c. Wood-polymer composite lumber; d. Wood(pressure treated,redwood). • Eagle City Code Section 8-2A-(B)(7): Enclosed trash and recycle receptacle areas: All commercial and multi-family developments shall provide for trash and recycle services and shall include an enclosed area for the storage of trash and recycle receptacles. The area shall be screened in accordance with section 8-2A-7J of this article. A waiver of this section may be approved for small businesses that utilize ninety six (96) gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are otherwise screened from view with the use of a screen wall and landscaping. • Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots: 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. • Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping: 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. Page 8 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within 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 five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot(6') landscaped strip with a minimum thirty inch(30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5)shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. d. Provide a three foot(3')high fence of wood, brick, stone, or decorative block or concrete along with a four foot(4')wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage,excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design,document,and obtain city approval representing that the overall planting design,at the time of planting,results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code Section 8-2A-7(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. • Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities: A. Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where a joint/collective parking facility has been approved pursuant to the following: 1. The applicant shall show that: a. There is no substantial conflict in the principal operating hours of the building,structure or use for which the joint/collective parking facility is proposed; b. The peak hours of parking demand from the uses shall not coincide so that the peak demand will be less than the parking required; c. The shared parking spaces shall serve the uses without conflict; d. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if a joint/collective parking facility was not requested; and e. If a public transit system serves the area, the applicant may provide documentation showing that the parking demand will be reduced. 2. The proposed reduction of required spaces, applicable to each use, shall be shown by the applicant. Page 9 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx 3. The city may require the applicant to submit survey data, or additional documentation substantiating a request for a joint/collective parking facility. 4. The joint/collective parking facility may be on a site other than the site where the use is located, but shall be located no further than that permitted by subsection 8-4-4-1 A of this chapter. 5. The spaces to be provided shall be available as long as the uses requiring the spaces are in operation. 6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use, approved by the city attorney as to form and content,and such agreement,when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit,or prior to issuance of a certificate of occupancy,whichever occurs first.The agreement shall include: a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; b. A guarantee among the landowners for access to a use of the joint/collective parking facility; c. A provision that the city may require parking facilities in addition to those originally approved upon findings by the city council that adequate parking to serve the uses has not been provided; d. A provision stating that the city council, may for due cause and upon notice and hearing,unilaterally modify, amend,or terminate the agreement at any time; and e. Any other information required to be documented on such agreement by the city in an effort to assure compliance with this title. 7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent(20%)of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent(20%)of the sum of the number required for each use served unless a conditional use is approved by the city council. 8. No use shall be continued if the parking is removed from a joint/collective parking facility unless substitute parking facilities are provided. D. DISCUSSION: • The applicant is requesting design review approval for a 12,405-square foot,two-story,multi-tenant office [business/professional and medical/dental]/personal improvement/retail/restaurant building. The applicant's justification letter states that the architecture of the building will be Northwestern style as permitted within the development agreement. The building elevation is broken into two masses, a pitched roof structure spanning the single-story portion with high transom windows on the east end combined with a simple"warehouse"effect two story portion to the west.The building will be built with a blend of materials including brick, steel,concrete and wood structure to tie into the overall development. Staff defers comment regarding the building style, 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 Page 10 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx 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. • On March 10, 2016, the Design Review Board approved the common area landscaping within Stillwater Subdivision. The approval included the entire front of the development along State Highway 44. To date, the landscaping, gabion walls, and pathway only extend in front of the commercial portion of Stillwater Subdivision No. 1. Development agreement condition 3.21 requires a minimum 10-foot wide public pathway along State Highway 44 to be constructed concurrently with Phase 1 of Stillwater Subdivision. The applicant should be required to complete the 30-foot wide common area improvements along the entire front of the Stillwater development as approved with DR-11-16 prior to issuance of a zoning certificate for this building. • Note 12 on the landscape plan identifies the gas and electrical panels for each tenant space. The utilities are shown to be located on the north building elevation facing State Highway 44 and screened with landscaping. ®.., HF _a Iff&MEL © • ial oer oo er +oe i rip___ AP 5 ©■■� m © m •'f'��1� -IA 0 CA NE© El EN m m NE :'1131 in4 Ell Ell BM I $ - z �--T-.- -O Staff defers comment regarding the location of the utilities and proposed screening to the Design Review Board. • Sheet 5.1 shows a cross section of the rooftop mechanical units in relation to the parapet walls. It appears the mechanical units are not fully screened. MINI SPLIT A/C UNITS GV Pursuant to Eagle City Code Section 8-2A-6(A)(5)(b),rooftop mechanical units are required to be screened from view at eye level by the parapet walls. The applicant should be required to provide a revised roof cross section showing the rooftop mechanical units screened pursuant to Eagle City Page 11 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC docx Code.The revised roof cross section should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The building elevations show a portion of the building to have a metal roof.Pursuant to Eagle City Code Section 8-2A-6(B)(2), metal roofs are required to have concealed fasteners. The applicant should be required to provide revised building elevations showing the metal roofing material to have concealed fasteners. The revised building elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows a patio area on the south side of the building for use by future tenants; however,the patio material or proposed fencing was not received.The applicant should be required to provide a revised landscape plan showing the material the patio is constructed of and detailed cutsheets for patio fencing(if applicable).The revised landscape plan and detailed fencing cutsheet should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Note 11 on the landscape plan states, "shared trash enclosure with Early Learning Center—Lot 2 Block 6 — Future." To date, there is no approval for a building on Lot 2, Block 6, Stillwater Subdivision No. 1. re��.►° ..i����r _ r�° ,i��cL � Yw°a�� ro'i'm � rcr�S$iti� °__ :aun 1.741. �.er .�>�.ra} J: _— o W„O Niniruiruir• ••• qua a1 fif- ;+ : Ir ��g �.;;a 0 i* Q O 0 0 ° ° `ram �� o. 7 0 � ' 1 Pursuant to Eagle City Code Section 8-2A-(B)(7), all commercial developments are required to provide for trash and recycling services including an enclosed area for the storage of trash and recycle receptacles. Pursuant to Eagle City Code Section 8-2A-7(J),trash receptacles are required to be screened from view with a five foot wide by six foot high landscape buffer.Pursuant to Eagle City Code Section 8-4-4-3, a cross access,parking, and trash enclosure use agreement is required. The applicant should be required to provide an enclosure for both trash and recycling associated with this building. The applicant should be required to provide elevations of the trash enclosure walls and gate utilizing materials and colors on the building. Provide a cross access, parking, and trash enclosure use agreement with the owner of Lot 2, Block 6. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer around the trash enclosure. The elevations, and landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate.The cross access,parking,and trash enclosure use agreement should be reviewed and approved by staff and the City Attorney prior to the issuance of a zoning certificate. Construct the trash enclosure prior to issuance of a certificate of occupancy. • The landscape plan shows a drive aisle along the east property line that is shared with the property to the east and provides access to parking spaces associated with this building. Page 12 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx yo *a- "farlyWeiremom 111 .rmr •tea• uH tns 41;1- o ■ o ° © 0 • 0 uil�i111 0 .n1111111111150,.110M111. — n. 20ug_ o 1� ■ rc O ® o 't I ', O t3ti o The applicant should be required to provide a revised landscape plan identifying the 24-foot wide shared drive aisle(along the east property line)to be constructed as part of this approval.The shared drive aisle (along the east property line) should be constructed prior to issuance of certificate of occupancy. • The proposed building is located within a portion of Stillwater Subdivision approved preliminary plat and has not been platted. The applicant should be required to obtain final plat approval and record the final plat for Stillwater Subdivision No. 2 prior to 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 March 14,2024,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 design,materials,and colors. • The Board requested the addition of green screens adjacent to the utility meters on the north side of the building to screen them from the view of the road. • The Board recommended the common area improvements be completed prior to issuance of a certificate of occupancy instead of prior to the zoning certificate due to the proximity of the pathway to the building(7-feet). BOARD DECISION: The Board voted 3 to 0 (Grubb, Mihan, and Greer absent) to recommend approval of DR-2024-04 for a design review application for a multi-tenant office/personal improvement/restaurant/retail building within Stillwater Subdivision, 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 March 28,2024. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on April 9,2024,at which time the Council made their decision. Page 13 of 19 K.\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx COUNCIL DECISION: The Council voted 4 to 0 to approve DR-2024-04 for a design review application for a multi-tenant office/personal improvement/restaurant/retail building within Stillwater Subdivision, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-07-15,PP-04-15,DR-11-16, and subsequent modifications. 2. Complete the 30-foot wide common area improvements along the entire front of the Stillwater development as approved with DR-11-16 prior to issuance of a certificate of occupancy for this building. 3. Provide a revised roof cross section showing the rooftop mechanical units screened pursuant to Eagle City Code. The revised roof cross section shall be reviewed and approved by staff prior to the issuance of a zoning certificate. If the parapet wall is required to increase to accommodate rooftop mechanical units, the applicant should be required to provide revised building elevations showing the increased height.The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide revised building elevations showing the metal roofing material to have concealed fasteners. The revised building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing the material the patio is constructed of and provide sheet D 1.1 (as presented to the Board on March 14, 2024), showing the detailed cutsheets for patio fencing and planters. The revised landscape plan and detailed fencing/planters cutsheet shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 6. Provide an enclosure for both trash and recycling associated with this building. Provide elevations of the trash enclosure walls and gate utilizing materials and colors on the building. The elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. 7. Provide a cross access, parking, and trash enclosure use agreement with the owner of Lot 2, Block 6. The cross access, parking, and trash enclosure use agreement shall be reviewed and approved by staff and the City Attorney prior to the issuance of a zoning certificate. 8. Provide a revised landscape plan showing a five foot wide by six foot high landscape buffer around the trash enclosure. The landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. 9. Construct the trash enclosure prior to issuance of a certificate of occupancy. 10. Provide a revised landscape plan identifying the 24-foot wide shared drive aisle(along the east property line)to be constructed as part of this approval.The shared drive aisle(along the east property line)shall be constructed prior to issuance of certificate of occupancy. 11. The final plat Stillwater Subdivision No.2 shall be approved and recorded prior to issuance of a zoning certificate. 12. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. Page 14 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx 13. 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. 14. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 15. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 16. No ground mounted mechanical units are proposed with this application and none are approved. 17. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 18. No signs are proposed with this application and none are approved. 19. Provide a revised landscape plan showing the location and details (i.e.: style, color, etc.) of 5'-6' tall green screens located adjacent to the utilities proposed to be located on the north side of the building to provide screening. The revised landscape plan and details shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department,including but not limited to approval of the drainage system,curbs,gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District& Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Page 15 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District.Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights 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. Page 16 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 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 Page 17 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code (one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-2024-04) 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 multi-tenant office/personal improvement/retail/restaurant building is permitted with the approval of a design review application within the MU-DA(Mixed Use with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed multi-tenant building is designed to match the Northwestern style of architecture approved within the development agreement and is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent 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 possible,enhance the continuity of thematically common architectural features since the building has been designed to meet the Northwestern style of architecture; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the building has been 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 height permitted within the development agreement; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks and a pathway adjacent to State Highway 44; Page 18 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. DATED this 9th day of April 2024. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Brad e,Mayor ATTEST: • �c 1• O.+R �,•. � Tracy E. O rn,Eagle City Cler * : SEA j., ,S • •. ••��okrow,� •., S'T••.....•• lq OFl Regulatory Taking Notice: In accordance with,,se6tion 67-6519, Idaho Code, Applicant has the right, pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis. Page 19 of 19 K:\Planning Dept\Eagle Applications\Dr\2024\Stillwater C2 Multi Tenant Bldg DR-2024-04\Stillwater C2 Multi-tenant Bldg Findings CC.docx