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Findings - DR - 2024 - DR-2023-70 - East End Marketplace - Multi-Tenant Restaurant with a Drive-Through and Retail Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MULTI-TENANT ) RESTAURANT WITH A DRIVE-THROUGH ) AND RETAIL BUILDING FOR RENNISON ) COMPANIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2023-70 The above-entitled design review application came before the Eagle Design Review Board for their action on April 25, 2024. 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, represented by Walt Lindgren with Lindgren Labrie Architecture, is requesting design review approval of a 6,304-square foot,multi-tenant restaurant with a drive-through and retail building.The 1.46-acre site is located on the northeast corner of State Highway 44 and South Edgewood Lane at 650 South Edgewood Lane within East End Marketplace. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on October 24, 2023. Revised information (cross sections,landscape plan)were received April 15,2024 and April 17,2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 20, 2023, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 13, 2007, the City Council approved a Comprehensive Plan Map Amendment, a rezone with development agreement, a vacation, and a preliminary plat application for Eagle Gateway Subdivision(CPA-02-06/RZ-08-06IVAC-01-06/PP-09-06). On January 12,2016,the City Council approved a Comprehensive Plan Map Amendment and a rezone with a development agreement for East End Marketplace(CPA-05-15 &RZ-11-15). On March 24,2016,the Design Review Board approved a master sign plan for the specialty retail store for TPC Commercial,LLC(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 within East End Marketplace, including the construction of a 14,924-square foot specialty retail store (food and beverage sales)(EXT-04-17). Page 1 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx On July 24, 2018, the City 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 building within East End Marketplace(DR-61-21). On September 8, 2023, the Design Review Board approved an apartment facility for Cottonwood Meadows within East End Marketplace for Pacific West Communities,Inc. (DR-42-16). On April 9, 2024, the City Council approved a development agreement modification (development agreement in lieu of a conditional use permit) to modify the conditions of development and concept plan contained within the executed development agreement(RZ-11-15 MOD). On April 9,2024,the City Council approved a combined preliminary plat and final plat for Retail One Subdivision,a 6-lot(6-buildable)commercial subdivision(PP/FP-01-23). E. COMPANION APPLICATIONS: DR-71-23 (master sign plan application). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial and Mixed C-2-DA(Commercial- Vacant parcel within East Use General Business with a End Marketplace Development Agreement) Proposed No Change No Change Multi-tenant restaurant with drive through and retail building North of site Commercial and Mixed MU-DA(Mixed Use with a Vacant parcel within East Use development agreement [in End Marketplace lieu of a PUD]) South of site Mixed Use MU-DA(Mixed Use) Commercial subdivision (Tennis Club Plaza Subdivision) East of site Mixed Use BP(Business Park) Vacant parcel within East End Marketplace West of site Downtown MU(Mixed Use)and MU- Office,Commercial,Retail DA(Mixed Use with a Center development agreement) 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 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.46-acres(63,597-square feet) 1,300-square foot(minimum) Percentage of Site Devoted 9.5%(approximately) 92%(maximum) to Building Coverage Percentage of Site Devoted 31%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 67-parking spaces 37-parking spaces(minimum) Front Setback(East) 133-feet 0-feet(minimum) Rear Setback(West) 44-feet 0-feet(minimum) Side Setback(North) 102-feet 0-feet(minimum) Side Setback(South) 63-feet 0-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Multi-tenant Restaurant with Drive Through and Retail Building: 6,304- square feet • Eagle City Code Section 8-4-5 requires: Retail sales— 1 per 250 square feet of gross floor area Restaurants— 1 per 150-square feet of gross floor area Restaurant with drive-through— 1 per 200-square feet of gross floor area;plus queue space for 5-cars for drive up service Proposed Parking Spaces: 67 Required Parking Spaces(estimated per use requirements in Eagle City Code): 17 (plus queue for 5-cars for drive-up service), for 3,398-square feet using 1 parking space per 200- square feet for restaurant with drive-through 20,for 2,906-square feet using 1 parking space per 150-square feet for restaurant 12,for 2,906-square feet using 1 parking space per 250-square feet for retail sales 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 restaurant with drive through/retail building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-six foot(26')high single-story structure. Gross Floor Area of Proposed Buildings: The proposed multi-tenant building is approximately 6,304-square feet. Page 3 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx On and Off-Site Circulation: A 22,221-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 26-foot wide and one 28-foot wide shared driveways are located near the northeast corner of the area being developed.The 26-foot wide driveway provides access north of the site and the 28-foot wide driveway provides access east of the site.Both driveways provide access to East State Street. M. BUILDING DESIGN FEATURES: Proposed Building Design: Craftsman Roof: Single ply TPO(White) Walls: Stucco(SW7015 Repose Gray),horizontal stacked brick(Santiago Blend),fiber cement siding (Summer Wheat),fiberglass reinforced panel(PMS 2307C) Windows/Doors:Aluminum(Charcoal) Fascia/Trim: Metal/Wrought Iron Balustrade/Steel Accents(SW7069 Iron Ore) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods:There are existing trees along SH-55 which will be protected and retained. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along the drive aisle into the site off South Edgewood Lane. 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,8% is proposed. O. TRASH ENCLOSURES: One(1)216-square foot trash enclosure is proposed to be located near the northeast corner of the site. The enclosure is proposed to be constructed of CMU walls with stucco overlay 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 screen walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location,height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-2023-71) has been submitted for the approval of the master sign plan criteria for the building. Page 4 of 17 K:\Planning Dept'.Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.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—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes—Located within the landscaped area along State Highway 44 Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No 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 Ballentyne Ditch Company Eagle Fire Department Eagle Sewer District Flood Control District No. 10 Historic Preservation Commission Idaho Department of Environmental Quality Idaho Department of Fish and Game Idaho Transportation Department Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a.The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c.The actions,if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; Page 5 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DESIGN REVIEW BOARD'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. Commercial Suitable primarily for the development of a wide range of commercial activities including offices,retail and service establishments.Uses should complement uses within Downtown Eagle. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. Page 6 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 The multi-family building shall be constructed utilizing a "Craftsman" style of architecture similar,but not limited to,the architecture shown on Exhibit D.The commercial/retail buildings shall be constructed utilizing "Italianate, Craftsman, and/or Mediterranean," style architecture and as shown on Exhibit E. The multi-family building and commercial buildings shall be designed in conformance with the Eagle Architecture and Site Design Book utilizing four-sided architecture.Eagle Design Review Board and City Council approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings. 3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of retail, restaurant, and bank uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-2 zoning designation. The commercial area shall be limited to a maximum of 80,000-square feet of enclosed area(i.e., enclosed with walls and roof). No commercial building footprint shall exceed 30,000-square feet of enclosed area(i.e.,enclosed with walls and roof). 3.9 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 General Business District and 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 C-2 zoning designation within Eagle City Code Section 8-2-3"Official Schedule of District Regulations,"shall be considered permitted uses and all uses shown as "C" conditional uses under the C-2 zoning designation shall require a conditional use permit. The following uses which are shown as"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: • Multi-Family Dwelling In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above,the following uses shall also be prohibited on the Property: • Adult Business; • Equipment Rental and Sales Yard; • Kennel; • Nursery,plant materials; • Small Engine Repair; • Storage(enclosed building) • Storage(fenced area) 3.10 The Restaurants (with drive through) shall be limited to Pads 1, 2, 3a, and 5a. Additionally, the development may include a bank with drive through,which is an allowed use in the C-2 zone. Owner shall provide a minimum forty-eight inch (48") buffer (berm, decorative block wall, cultured stone,decorative rock,or similarly designed concrete wall)between the restaurant 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). 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, Page 7 of 17 K:\Planning Dept\Eagle Applications\Dd2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx tables,etc.).The amenities shall be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. 3.17 Owner shall install a three foot(3')high landscaped berm(measured from the centerline of State Highway 44), or alternative method, within a 30-foot wide easement located adjacent to State Highway 44. The berm area shall be landscaped with the following plants per 100-linear feet of right of way:two(2)shade trees,three(3)evergreen,and twenty-four(24)shrubs.Each required shade tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade trees are substituted. The total number of trees shall be twenty-five(25) and the total number of shrubs shall be four hundred and seventy-five(475)as depicted in the plan provided on December 15,2015(Exhibit F 1-4).The landscape plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 3.19 Loading facilities or docks shall not be located on the south side of structures,where visible from State Highway 44;however,delivery may be received on the south side of the building. 3.22 In addition to the landscaping required pursuant to Condition of Development 3.17 (above),the landscaping plan shall show enhanced landscaping located between the parking areas and State Highway 44.The landscaping plan shall be reviewed and approved by the Design Review Board and City Council prior to issuance of a Zoning Certificate for construction of any commercial buildings located within the parcels adjacent to State Highway 44. C. COMBINED PRELIMINARY/FINAL PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 7. The subdivision and buildings shall be designed with architectural elements in compliance with the Eagle Architecture and Site Design Book(EASD). The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site,with details showing how each building will complement the others with said design elements. The master plan(including perimeter landscaping and parking lots)shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the site.(ECC 8-2A- 1 and ECC 8-2A-12) D. 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; Page 8 of 17 K:'Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DRdocx 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. • 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-7(K): Parking Lot Landscaping: 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten(10)spaces and above.The required amount of landscaping is based on a sliding scale,as follows: Total Number i Percent Of Total Area Of A Lot That Of Spaces Must Be An Interior Landscaped Area 51+ 10 percent b. Additional Requirements: (1) No interior planter shall be less than five feet(5')in any dimension. (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs,ground cover,or grass.A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs,ground cover,or grass. E. DISCUSSION: • The applicant is requesting design review approval to construct a 6,304-square foot multi-tenant restaurant with a drive through and retail building.The applicant's justification letter describes the building as Craftsman style which is permitted within the development agreement and within the EASD book. The justification letter states that the overall massing of the building incorporates featured elements such as generous outdoor seating areas, staggered unit depths and heights for visual interest, and iconic tower elements, which provide for a strong visual presence along both State Highway 44 and South Edgewood Lane.Building materials include brick veneer,stucco,and a combination of board and batten and horizontally oriented 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 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. • The applicant is proposing a 3-4-foot-high berm with landscaping along the west side (South Edgewood Lane)and south side(State Highway 44).Pursuant to the development agreement 3.10, the restaurants(with drive through)shall be limited to Pads 1,2,3a,and 5a.Owner shall provide a Page 9 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx minimum forty-eight inch (48") buffer (berm, decorative block wall, cultured stone, 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 State Highway 44 and South Edgewood Lane. The revised landscape plan and/or decorative wall should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows landscaping between the parking lot and State Highway 44.Pursuant to development agreement condition no. 3.22 enhanced landscaping is required between the parking area and State Highway 44. Staff defers comment regarding the landscaping between the parking lot and State Highway 44 to the Design Review Board. • The site and landscape plan show a patio area on the east and north sides of the building;however, the patio material and fence detail(if applicable for future tenants)were not provided.The applicant should be required to provide a revised site and landscape plan showing the material of the patio areas and provide a detailed cutsheet showing the style, height, color, etc. of fencing around the patio area(if applicable). The revised site and landscape plan and fence detail should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows 8%interior landscaping on the site.Pursuant to Eagle City Code Section 8-2A-7(K)(4), 10%interior landscaping is required for parking lots with 51+parking spaces. The applicant should be required to provide a revised landscape plan showing 10%interior landscaping on the site.The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan shows five interior landscape islands that are less than 5-feet wide.Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(1),no interior planter is permitted to be less than 5-feet wide. 1 , �a 7 ,, Iw.ia�a:�w a �, ' j 1. �+aaw. W n-•t .... moI. t..:.-.. I i_0—` i i _ 1 j a, i ___ 1 f r n x a l ,v {- Page 10 of 17 K:\Planning Dept\Eagle Applications'Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR docx The applicant should be required to provide a revised landscape plan showing all interior planters a minimum of 5-feet wide. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows one terminal island for a single row of parking spaces(located north of the proposed patio area for the southern tenant space)without a tree. Pursuant to Eagle City Code Section 8-2A-7(K)(4)(b)(5), a terminal island for a single row of parking spaces is required to be landscaped with at least one tree and shrubs, ground cover, or grass. The applicant should be required to provide a revised landscape plan showing all terminal islands proposed with trees. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site plan shows the limits of construction for the application extending to the center line of the right-in only lane located north of the parking lot and center line of the common drive aisles located to the north and east of the parking lot.The right-in only lane and common drive aisles are needed to provide ingress/egress of the site. �� . 1 f; I t Eel 0 I Jyy{{ lL,, `-----. ( ` '11. IT i` UnniiiiinniiiiniiU a}}}}}{{Ep'a}}}}}�E}� '�`_ _ 1 uuuiniiuiinunu 1 , ilia \ I •-- --_ la The applicant should be required to provide a revised site plan showing the entire width of the right- in only lane and common drive aisles to the north and east(from the existing paved common access) to be constructed as part of this application.The revised site plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on April 25,2024,at which time the Board made their decision. Page 11 of 17 K:\Planning Dept Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx 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 with the addition of site specific condition no. 15. • The Board is in favor of the proposed landscaping and drive through screen with the addition of site specific condition no. 17. • The Board is in favor of striking site specific conditions no.2-6,since the landscape plan,date stamped by the City on April 25,2024,addressed the items. BOARD DECISION: The Board voted 4 to 0(Lindgren and Mihan recused;Greer absent)to recommend approval of DR-2023- 70 for a design review application for a multi-tenant restaurant with a drive-through and retail 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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR-06-16 and RZ-11-15 MOD. 2. , erti feate 3. cutsheet showing the style, height, eeler, etc-, of fencing around the patie area (if applicable). The meniber-ef-the-Design-Review-Beard-prier-te-the4ssuanee-ef-a-zening-eertifieate, issuanee- .f a erti fcate 5. 6. 7. Provide a revised site plan showing the entire width of the right-in only lane and common drive aisles to the north and east to be constructed as part of this application.The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 8. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 9. 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. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. Page 12 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 12. No ground mounted mechanical units are proposed with this application and none are approved. 13. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 14. No signs are proposed with this application and none are approved. 15. Provide a revised west building elevation showing the addition of an awning above the man door. The revised elevation shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide a revised lighting cutsheet for WW2,showing how the lighting complies with Eagle City Code Section 8-4-4-2. The revised cutsheet shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 17. Provide a revised landscape plan showing the signage and associated drive-through screen wall constructed prior to a certificate of occupancy for the building. The signage (under a separate application) is apart of the proposed drive-through screening. The revised landscape plan shall be reviewed and approved by staff and two members 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 Page 13 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx 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 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." Page 14 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docz 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 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, Page 15 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx plans,or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date,as stipulated in Eagle City Code(one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or 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-2023-70) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of 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 restaurant with a drive-through and retail building is permitted with the 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 the vicinity of the site since the proposed multi-tenant restaurant with a drive- through and retail building 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 architectural styles specified within the development agreement; 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 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; 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; Page 16 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.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 commercial center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. DATED this 9th day of May 2024. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Wa r Lin ,Chairman ATT ST: C1T Y p161, ____. • � •0 GORp� .•.'Y�% Tracy E. 0 m, agle City Clerk : :r ' % 7 'n7 � : S .` � : :7• . ...,„ 9j •i szy �, '�.II1'U 1471 •• 0. •,�,,,�fDABO ''',•,,,,,,,,,, Page 17 of 17 K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings DR.docx