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Findings - DR - 2024 - DR-2024-44 - East End Riverside / Tennis Club Plaza Sub. 1 - Multi-tenant Building Within East End RiversideBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MULTI - TENANT BUILDING WITHIN EAST END RIVERSIDE FOR RENNISON COMPANIES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-2024-44 The above -entitled design review application came before the Eagle Design Review Board for their action on September 12, 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 Zach Turner, is requesting design review approval for a 6,400- square foot multi -tenant retail/restaurant/personal improvement/personal services building. The 1.2- acre site is generally located on the southeast corner of State Highway 44 and South Edgewood Lane at 1632 East Riverside Drive within East End Riverside (portion of Lot 2, Block 1, Tennis Club Plaza Subdivision No. 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 26, 2024. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 7, 2024, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 22, 2007, the City Council approved an annexation and rezone from RUT (Rural Urban Transition — Ada County designation) and MU (Mixed Use) to MU-DA (Mixed Use with Development Agreement) for Cornerstone Group, LLC (A-18-06/RZ-24-06). On July 24, 2007, the City Council approved a preliminary plat for Eagle Gateway South Subdivision for Cornerstone Group, LLC (PP-21-06). On October 16, 2007, the City Council approved a design review for the common area landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC (DR-33-07). On June 10, 2008, the City Council approved a modification to the development agreement to change a "Hotel" use (shown as "C" conditional use under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations") to a permitted use on the property associated with Eagle Gateway Subdivision for Eagle Gateway South, LLC (RZ-24-06 MOD). On September 23, 2008, the City Council approved a modification to the development agreement and associated exhibits within the development agreement to allow for an overall building height of 39- feet, decorative parapet walls of 46-feet, entrance parapet height of 48-feet, and an entryway feature height of 58-feet. The modification also approved a digital reader board not to exceed two hundred square (200) feet (RZ-24-06 MOD2). Page 1 of 14 K:\Planning Dept Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx On July 28, 2008, the City Council approved a parcel division for Cornerstone Group, LLC (PD-02- 08). On June 25, 2013, the City Council approved a modification to the development agreement and associated exhibits within the development agreement to allow for a Commercial Entertainment Facility (Tennis and outdoor recreational facility), Nursing/Convalescent Home, and a building height exception for the tennis facility not to exceed 45-feet in height and a height exception for a hotel to not exceed 60-feet in height (RZ-24-06 MOD3). On June 27, 2013, the Design Review Board approved a design review application for a commercial entertainment facility for the Eagle Tennis Facility (DR-19-13). On January 9, 2014, the Design Review Board remanded the design review application to modify a commercial entertainment facility for the Eagle Tennis Facility to staff (DR-19-13 MOD). On January 28, 2014, the City Council approved a preliminary plat application for Tennis Club Plaza Subdivision (PP-13-13). On March 27, 2014, the Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility (DR-19-13 MOD2). On June 25, 2015, the Design Review Board approved a design review application to modify a commercial entertainment facility for the Eagle Tennis Facility (DR-19-13 MOD3). On July 28, 2015, the City Council approved a modification to the development agreement and associated exhibits within the development agreement to reduce the setback associated with interior side property lines and allow for a restaurant with drive -through (RZ-24-06 MODS). On March 2, 2016, the final plat for Tennis Club Plaza Subdivision No. 1 was recorded at the Ada County Recorder's office. On July 26, 2016, the City Council approved a final plat application for Tennis Club Plaza Subdivision No. 2 (FP-08-16). On August 10, 2016, the City approved a design review application to modify the common area landscaping around the perimeter of Tennis Club Plaza Subdivision No. 2 (DR-19-13 MODS). On June 11, 2024, the City Council approved a design review application to remodel the existing 85,614-square foot tennis center and to construct a 50,515-square foot building addition to create a health club for Life Time Club (DR-19-13 MOD6). E. COMPANION APPLICATIONS: DR-2024-45 (master sign plan application). Page 2 of 14 K:\Planning Dept\Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docz F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION ZONING DESIGNATION LAND USE Existing Mixed Use MU-DA (Mixed Use with a development agreement) Vacant parcel within Tennis Center Subdivision Proposed No Change No Change Multi -tenant Retail/Restaurant/Personal Improvement/Personal Services Building North of site Commercial C-2-DA (General Business District with a development agreement) Vacant parcels within East End Marketplace South of site Mixed Use MU-DA (Mixed Use with a development agreement) Multi -tenant Restaurant Building East of site Mixed Use MU-DA (Mixed Use with a development agreement) Proposed Health Club Building West of site Mixed Use MU-DA (Mixed Use with a development agreement) Restaurant with drive through G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk as part of Tennis Center Subdivision No. 1. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.2-acres (52,272-SF) 0.11-acres (5,000-SF) Percentage of Site Devoted to Building Coverage 12% (approximately) 60% (maximum)* Percentage of Site Devoted to Landscaping 50% (approximately) 10% (minimum) Number of Parking Spaces 54-parking spaces 43-parking spaces (minimum) Front Setback (South) 74-feet 20-feet (minimum) Rear Setback (North) 30-feet 10-feet (minimum)* Side Setback (East) 36-feet 7.5-feet (minimum) Side Setback (West) 90-feet 7.5-feet (minimum) Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx *Note: Setbacks and lot coverage pursuant to the development agreement RZ-24-06 MOD5. K. PARKING ANALYSIS: Gross Floor Area of Proposed Multi -tenant Restaurant, Retail, Personal Improvement, Personal Services Building: 6,400-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 Personal Improvement — 1 per 250-square feet of gross floor area Personal Services — 1 per 250-square feet of gross floor area Proposed Parking Spaces: 54 Required Parking Spaces (estimated per use requirements in Eagle City Code): 43, for 6,400-square feet using 1 parking space per 150-square feet for restaurant 26, for 6,400-square feet using 1 parking space per 250-square feet for retail sales, personal improvement, and personal services 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, retail, personal improvement, personal services facility. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-eight foot (28') high single -story structure. Gross Floor Area of Proposed Buildings: The proposed multi -tenant building is approximately 6,400-square feet. On and Off -Site Circulation: A19,554-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 34-foot wide shared driveway is located south of this property and shared with the properties to the east and west of this site. M. BUILDING DESIGN FEATURES: Proposed Building Design: Prairie Roof: Single ply membrane (White) Walls: Stucco (Online — SW7072, Software — SW7074), Fiber Cement Board (Summer Wheat), Stone Veneer (Whitecap) Windows/Doors: Aluminum (Charcoal) Fascia/Trim: Metal (Cyberspace — SW7076) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees within the buffer area along State Highway 44 and within the existing landscape islands. There is one existing Maple tree located in the landscape island near the proposed trash enclosure. The applicant is proposing to relocated the Maple tree in the same general area but to the southwest of its current location. Tree Replacement Calculations: N/A Page 4 of 14 K:\Planning Dept\Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees were installed along State Highway 44, South Edgewood Lane, and East Riverside Drive by the developer. 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, 14% is proposed. O. TRASH ENCLOSURES: One (1) 216-square foot trash enclosure is proposed to be located near the southwest corner of the site. The enclosure is proposed to be constructed of CMU walls and metal gates; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage and detailed lighting cutsheets were received and comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-2024-45) has been submitted for the approval of signs proposed on this building and on the site. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within Veolia Water 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 Page 5 of 14 K:\Planning Dept\Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx 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 Department of Environmental Quality Eagle Fire Department Eagle Historic Commission Eagle Sewer District Y. LETTERS FROM THE PUBLIC: None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any, that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character, quality, or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; 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. g. Page 6 of 14 K:\Planning Dept\Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-202444\Multi-ten Bldg VI Findings DR.docx 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: Residential One Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 1 unit per 1 acre. Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 The Setbacks shall be as follows: Mixed Use /Office/ Retail Commercial Buildings Front 7.5 feet (allows canopies, awnings, etc. to encroach) (typ. at west end of Riverside Drive near Edgewood and along Edgewood) 20 feet (typical unless noted otherwise) Rear 10 feet Interior Side 0.0-feet Street Side 7.5 feet (allows canopies, awnings, etc. to encroach) Maximum Coverage: 60% 3.4.1 The building height of the tennis facility shall not exceed 45-feet. The building height of a hotel shall not exceed 60-feet. 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. Page 7 of 14 K:'Planning Dept\Eagle Applications\Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx • Eagle City Code Section 8-2A-7(C): Retention, Removal, And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. • Eagle City Code Section 8-2A-7(J)(2)(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. D. DISCUSSION: • The applicant is requesting design review approval to construct a 6,400-square foot multi -tenant retail/restaurant/personal improvement/personal services building. The applicant's justification letter indicates the strong horizontal massing anchored to strong vertical elements are features indicative of the Prairie style of architecture. The design includes stone veneer, stucco and combination of vertically -oriented and horizontally -oriented prefinished (wood -grain) fiber cement board siding. Staff defers comment regarding the building design and colors to the Design Review Board. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be designed to not interfere with the visual character, quality or appearance of the surrounding area and City, and where possible, enhance the continuity of thematically common architectural features, and will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • The applicant is proposing to relocate an existing Maple tree to accommodate the installation of a trash enclosure near the southwest corner of the site. The Maple tree is to be relocated just southwest of its current location and west of the proposed trash enclosure within the same planter bed area. Pursuant to Eagle City Code Section 8-2A-7(C)(3), existing trees or shrubs that are to be retained shall be protected from damage to bark, branches, or roots during construction. The applicant should be required to provide a plan showing how the tree is to be relocated, watered, and protected throughout construction. The revised plan should be reviewed and approved by staff prior to the issuance of zoning certificate. • Sheet L1.0, shows a 2-foot wide and 3-foot wide landscape buffer on the east and south sides of the trash enclosure (respectively). Pursuant to Eagle City Code Section 8-2A-7(J)(2)(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. The applicant should be required to provide a revised landscape plan showing a 5-foot wide landscape buffer on the east and south side of the trash enclosure. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 8 of 14 K:\Planning Dept\Eagle Applications\Dr\2024\East End Riverside MT Bldg VI DR-2024-44iMulti-ten Bldg VI Findings DR.docx 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 September 12, 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 as submitted. • The Board is in favor of the revised building colors as addressed in site specific condition no. 12. BOARD DECISION: The Board voted 4 to 0 (Lindgren and Mihan recused; Sayer absent) to recommend approval of DR-2024- 44 for a design review application for the construction of a multi -tenant building within East End Riverside, 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-30-13 and DR-30-13 MOD. 2. Provide a plan showing how the tree, located on the west side of the proposed trash enclosure, is to be feleeated7 watered and protected throughout construction. Provide a note on the revised landscape plan stating the following "Limit excavations around the existing tree to the minimum required for construction to prevent damage to tree roots. Preserve roots in place as much as possible. Roots 2- inch diameter and larger that cannot remain in place shall be hand cut with a pruning saw for a smooth cut." The revised plan shall be reviewed and approved by staff prior to the issuance of zoning certificate. 3. Provide a revised landscape plan showing a 5-foot wide landscape buffer on the east and south side of the trash enclosure. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. A lot line adjustment application shall be reviewed and approved by the City prior to the issuance of a zoning certificate. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. No ground mounted mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx 11. No signs are proposed with this application and none are approved. 12. The revised stucco colors Gray Clouds SW7658 for ST1 and Cityscape SW7067 for ST2 are approved. Provide revised building elevation plans noting these colors for the stucco. The revised building elevation plans shall be reviewed and approved by staff 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 Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested Page 10 of 14 K:'Planning Dept \Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-202444\Multi-ten Bldg VI Findings Dltdocx in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 11 of 14 K:\Plarming Dept\Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to changes the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 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. Page 12 of 14 K:'Planning Dept\Eagle Applications \Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-2024-44) 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 retail/restaurant/personal improvement/personal services 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 retail/restaurant/personal improvement/personal services 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 Prairie 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 is designed to be harmonious with the 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 35-feet as 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 sidewalk connections throughout the site and provides access to the building and other buildings within the vicinity; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx DATED this 26th day of September 2024. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County Idaho Walter Lind: en, Chairman AT EST: so%333II1 IIZ adaaa,®a orVY OF •� CoRPpR9•Z��, • ,A Tracy E. • •, agle City Cleric v.,S S m V17•ff � • OpIDAVO Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\2024\East End Riverside MT Bldg VI DR-2024-44\Multi-ten Bldg VI Findings DR.docx