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Findings - CC - 2019 - DR-13-19 - Multi-Tenant Buildings In Piccadilly Village Subd No 2BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR TWO MULTI -TENANT COMMERCIAL BUILDINGS WITHIN PICCADILLY VILLAGE SUBDIVISION NO. 2 FOR OLD TOWN 1, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -13-19 The above -entitled design review application came before the Eagle City Council for their action on April 9, 2019. 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: Old Town 1, LLC, represented by Mark Butler, is requesting design review approval for two (2) multi - tenant commercial buildings within Piccadilly Village Subdivision No. 2. The 1.75 -acre site is located on the southeast corner of North Echohawk Lane and East Hill Road at 220 South Echohawk Lane within Piccadilly Village Subdivision No. 2 (Lot 14, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 7, 2019. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 14, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 9, 2001, the City Council approved the findings of fact and conclusions of law for a rezone with development agreement, conditional use permit, planned unit development, and preliminary plat for Piccadilly Village Subdivision.(RZ-09-00/CU-09-00/PPUD-06-00/PP-09-00). On April 10, 2001, the City Council approved a design review application for the common area landscaping within Piccadilly Village Subdivision (DR -54-00). On February 12, 2002, the City Council approved a final development plan and final plat for Piccadilly Village Subdivision No. 3 (FPUD-03-01/FO-06-01). On December 13, 2016, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD). On January 9, 2018, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD2). On February 27, 2018, the City Council approved a combined preliminary/final plat for Piccadilly Village Subdivision No. 2, a 3 -lot commercial subdivision (re -subdivision Lot 14, Block 1, Piccadilly Village Subdivision (PP/FP-03-17). Page 1 of 14 K:U'lanning Dept\Eagle ApplicationsU)r12111911)R-13-19 Multi -tenant Bldgs & LS for Piccadilly Village No 2 cc docx On June 12, 2018, the City Council approved the common area landscaping within Piccadilly Subdivisions No. 1 and No. 2 (DR -20-18). On June 12, 2018, the City Council approved a Design Review application for a master sign plan for Hill Road Crossing (aka Piccadilly Subdivisions No. 1 and No. 2) for Mark Butler (DR -21-18). On November 27, 2018, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD2). On February 26, 2019, the City Council approved a conditional use permit for flex space use and side yard setback reduction to five feet (5') for Old Town 1, LLC within Piccadilly Village Subdivision No. 2 (CU -08-18). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing COMP PLAN ZONING LAND USE DESIGNATION Mixed Use Proposed No Change North of site Idaho Transportation Department Right-of-way South of site Mixed Use East of site Commercial West of site Mixed Use DESIGNATION MU -DA -P (Mixed use with a development agreement, planned unit development No Change Idaho Transportation Department Right-of-way MU -DA -P (Mixed use with a development agreement, planned unit development C -3 -DA (Highway Business District with development agreement) MU -DA -P (Mixed use with a development agreement, planned unit development Vacant lot Two Multi -tenant commercial buildings East Hill Road Drainage/utility easement for Piccadilly Village Subdivision, Lot 15, Block 1 State Highway 55 South Echohawk Lane, vacant lot (approved for Childcare Facility (Daycare Center), single-family residences G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is vacant with existing perimeter landscaping along East Hill Road and State Highway 55. Curb, gutter, and sidewalk have been constructed along South Echohawk Way and along East Hill Road. There is an existing four -foot (4') vinyl fence along the southern property line atop a berm that will remain. Page 2 of 14 K:IPlanning Ikptlliagk ApplicationADr1U0191DR-13-19 Multi -tenant Bldgs & LS tor Piccadilly Village No 2 cct.docz I. SITE DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted 32.4% to Landscaping Number of Parking Spaces 60 -parking spaces PROPOSED 1.749 -acres 25.9% (Building A, & Building B) Front Setback (north) Rear Setback (south) Interior Side Setback 22 -feet 20 -feet 5 -feet REQUIRED 5,000 sq. ft. (minimum) 50% (maximum) 10% (minimum) To be determined upon issuance of zoning certificate for each tenant space 20 -feet (minimum) 20 -feet (minimum) 5 -feet (minimum) (approved by the City Council with CU -09-18 for possible placement of a lot line between buildings in the future) Street Side Setback (west) 20 -feet (40 -feet Highway 55) 20 -feet (minimum) J. PARKING ANALYSIS: Gross Floor Area of Proposed Buildings: 12,733 -square feet Building A (southwest) = 6,265 -square -feet Building B (southeast) = 6,468 -square -feet Total = 12,733 -square -feet Proposed Parking Spaces: 60 (with no designated uses for the 10 tenant spaces). Required Parking Spaces (estimated per use requirements in Eagle City Code): 85, for 12,733 -square feet using 1 parking space per 150 -square feet for restaurant (no drive-thru). Note: Regarding the "restaurant" use, the development agreement states, "Restaurant (no drive thru, up to 2,500 -square feet) (Lot 14, Block 1 only) — additional square footage may be permitted if approved in writing by the Piccadilly Village Homeowner's Association. The HOA approval shall be provided with the submittal of a design review application." 64, for 12,733 -square feet using 1 parking space per 200 -square feet for clinic, emergency health care, offices, medical and dental 51, for 12,733 -square feet using 1 parking space per 250 -square feet for food and beverage sales, offices; business and professional, health clubs, spas, and weight reduction salons, personal improvement, personal services, retail sales 32, for 12,733 -square feet using 1 parking space per 400 -square feet for catering service, home and business services, printing and blueprinting 26, for 12,733 -square feet using 1 parking space per 500 -square feet for communication facilities, emergency services, laboratories Page 3 of 14 K:1Planning DeptlEaglc ApplicationslDi 2O191DR-13-19 Multi -tenant Bldgs & LS for Piccadilly Village No 2 ecf.docx 13, for 12,733 -square feet using 1 parking space per 1,000 -square feet for artist studios, storage (enclosed building) Parking requirements will be determined upon review of the zoning certificate for each tenant space. K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two (2) buildings, Building A and Building B, uses undetermined Height and Number of Stories of Proposed Buildings: The applicant is proposing two (2) buildings, Building A = 28'6" height, Building B = 31'9" Gross Floor Area of Proposed Buildings: Building A = 6,265 -square feet, Building B = 6,468 -square feet On and Off -Site Circulation: A 38 -foot -wide access point from South Echohawk Way enters the site from the west, north of the two (2) proposed buildings to the proposed 24,522 -square foot paved parking area and loops back out the same access point to South Echohawk Way. A City -approved cross access/shared parking agreement is associated with the site (recoded at the Ada County Recorder's Office). The site will be completed in two phases. The first phase will consist of Building A and Building B, located at the south portion of the site, all site landscaping, and the entire parking area. The second phase will consist of the pad site and trash enclosure located on the northwest corner of the site, at which time a design review application will be required. L. BUILDING DESIGN FEATURES: Roof: Architectural composite shingle (Weathered Grey): Walls: Stucco (SW 7050 Useful Gray), stucco band (SW 2844 Roycroft Mist Gray), Vertical siding (Ranchwood Eastern), wood beams (SW Cinnamon) Windows/Doors: Wood with glass windows and metal with glass windows, glass and metal overhead doors (Dark Bronze with SW 9126 Panels) Fascia/Trim: Fascia cement board (SW 7505 Manor House) Other: Metal awning (Black) M. EXISTING LANDSCAPE DESIGN: Note: The landscape plan for this site has been approved by the City (DR -20-18). Minor alterations were made to the interior of the parking area and to include a second trash enclosure. Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping exists around the perimeter of the parking lot, additional perimeter landscaping is proposed to enhance the area around the parking lot b. Interior Landscaping: 10% interior landscaping is required, 32.4% is proposed. N. TRASH ENCLOSURE: Two (2) 144 -square foot trash enclosures are located within the parking area of the site. One trash enclosure is proposed to be located midway along the eastern perimeter of the parking area, approximately 100 feet from the north property line. The second trash enclosure is proposed to be located on the east side of the proposed building pad site, located on the northwest corner of the parking area. The proposed trash enclosures will be constructed of board formed concrete, all of Page 4 of 14 K:II'I:nning Ikpt1L'agIc Applications1Dr120191DR-13-19 Multi -tenant Rldgs & I -S for Piccadilly Village No 2 ccl.docx which will complement the colors and materials used to construction the buildings. No color or material for the trash enclosure gates have been proposed to date. O. MECHANICAL UNITS: The applicant is proposing ten (10) ground mounted mechanical units, one (1) for each unit along the south side of the buildings. The ground mounted mechanical units are proposed to be screened with landscaping. P. OUTDOOR LIGHTING: A site and landscape plan and lighting cut sheets were submitted showing the parking lot lighting and building lighting location, height, and wattage consistent with Eagle City Code 8-4-4-2. Q. SIGNAGE: No building wall signs are proposed with this application and none are approved. The applicant has shown the anticipated location of building wall signs as required. Site signage (monument) was previously approved by the City (DR -21-18). R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from the Eagle Fire Department has been received. A water service or sanitary sewer service approval has not been received to date. Approval of the Eagle Fire Department, the sewer district, and the water company having jurisdiction will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain — no Mature Trees — yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Park, Pathway, and Recreation Idaho Transportation Department Page 5 of 14 K:IPlanning Dept\ agle Applicauons11)r12019\DR-13-19 Multi -tenant iildg & LS for Piccadilly Village No 2 cadocx Republic Services Sawtooth Law Offices, PLLC for Drainage District #2 X. LETTERS FROM THE PUBLIC: On March 5, 2019, the City of Eagle received a letter of approval for the design of the two buildings from the Piccadilly Homeowners Association Homeowners Association, Inc. as required (incorporated herein by reference). STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: 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 o n 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. Scenic Corridor Overlay 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. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.6 The following permitted and conditional uses shall be the only allowed uses within the 2.6 acres planned for commercial buildings noted in section 2.4 (Instrument #101099270). Permitted Uses • Horticulture(general) • Horticulture(limited) • Roadside Stand (temporary structure) • Home Occupation • Planned Unit Development • Artist Studios • Bed and Breakfast Facility • Beauty/Barber Shop • Catering Service • Childcare Facility (Daycare Center) permitted on Lot 12, Block 1, with business hours limited to 7:00 a.m. to 7:00 p.m. and with direct access to be located at Wooddale Avenue and with any access at Echohawk Lane restricted to emergency access only. • Christmas Tree Sales • Church • Clinic • Communications Facilities Page 6 of 14 K:1Planning Dept agk ApplicationAMUQ19U)R-13-19 Multi -tenant Bldgs & LS for Piccadilly Village No 2 ccf.docx • Electronic Sales, Service, or Repair Shop • Emergency Services • Food and Beverage Sales • Health Clubs, Spas, Weight Reduction Salons • Home and Business Services • Laboratories • Office, Business and Professional • Office, Medical and Dental • Nursing/Convalescent Home (Lot 14, Block 1 only) • Parking Lot, Parking Garage • Personal Improvement • Personal Services • Personal Wireless Facilities (Height 35 -feet or less) • Photographic Studio • Printing and/or Blueprinting • Professional Activities • Restaurant (no drive thru, up to 2,500 -square feet) (Lot 14, Block 1 only) — additional square footage may be permitted if approved in writing by the Piccadilly Village Homeowner's Association. The HOA approval shall be provided with the submittal of a design review application. • Limited Retail Sales (up to 8,400 -square feet) Uses requiring a Conditional Use Permit • Flex Space • Mortuary • -Nursery, Plant Materials • -Industry Research and Development • -Research Activities • -Public Service Facilities • -School, Public or Private All commercial structures shall be limited to one (1) story in height and designed with a residential character with pitched roofs. The aesthetics and design of the commercial structures shall be reviewed and approved by the Piccadilly Village Homeowner's Associate. Written approval of the architectural design from the Piccadilly Village Subdivision Homeowner's Association shall be submitted with the design review application. 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 ApplicationslDA20191DR-13-19 Multi -tenant Rldgs & LS for Piccadilly Village No 2 ccf.docx D. DISCUSSION: • The applicant is requesting design review approval to construct two (2) multi -tenant commercial buildings. The building design follows the Craftsman style architecture as defined within the Eagle Architecture and Site Design Book. The rough sawn timber woodwork accentuates the entrances and patio areas. The design is clean and simple, which is typical of the Craftsman style, and includes a long roof line that does not obstruct views. A mix of materials keeps the exterior elevation interesting, incorporating overhead doors into the design features with wood panels, metal, and glass. The overhead doors face north for easy access to the parking area. Store fronts and man doors face east towards South Echohawk Way, for customer appeal. Exterior building elevations with overhead doors are proposed with this application, however, the determination whether overhead doors or other designs within the overhead door locations (where overhead doors are not needed for other uses) will be determined upon the review of the zoning certificate for each tenant space. The applicant should be required to provide exterior building elevations for each tenant space for review and approval by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. • Sheet L1.0, date stamped by the City February 7, 2019, shows two (2) proposed trash enclosures to be constructed within the parking lot of this development. The trash enclosures are proposed to be constructed of board formed concrete walls, however, no elevations or materials indicate the style of gates. Pursuant to Eagle City Code Section 8-2A-7(J)(3)(d) states, chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening. The applicant should be required to provide detailed elevations showing the materials, gates, and colors to be used in the construction of the trash enclosures. The detailed elevations should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. • Parking for the site is undetermined at this time and shall be determined upon the issuance of a zoning certificate for each tenant space. There are 60 proposed parking spaces which includes two (2) handicap spaces and six (6) compact spaces. The parking area, landscape, Building A and Building B will be constructed with phase one. Prior to construction of phase two, the use and size of the proposed building pad located on the northwest corner of the site should be determined based on the parking spaces that have been provided with the construction of phase one. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the 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, 2019, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 36:05) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the applicant's exterior building elevations, date stamped by the City on February 7, 2019, and recommend each tenant space overhead door or store front window system be reviewed by staff and one (1) member of the Design Review Board. • The Board is in favor of the applicant's site and landscape plan, date stamped by the City on February Page 8 of 14 K:1Planning Dept\Eagle Applicationsll)r1211191DR-13-19 Multi -tenant Bldgs & LS for Piccadilly Village No 2 cctldocx 7, 2019, and recommended that rolled curb be constructed in front of Buildings A and B to eliminate cars parking on the sidewalk in front of each tenant space. BOARD DECISION: The Board voted 7 to 0 to recommend approval of DR -13-19 for a design review application for two (2) multi -tenant commercial buildings within Piccadilly Village Subdivision No. 2 for Old Town 1, LLC, 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 14, 2019. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on April 9, 2019, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -13-19 for a design review application for two (2) multi -tenant commercial buildings within Piccadilly Village Subdivision No. 2 for Old Town 1, LLC, 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 PP/FP-03-17, DR -20-18, CU -09-18. 2. Any plant material damaged during construction shall be replaced in accordance with Eagle City Code Section 8 -2A -7(C)(2) prior to issuance of a certificate of completion. 3. All existing landscaping is to be protected and retained during construction. 4. The applicant shall be required to provide exterior building elevations for each tenant space for review and approval by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide detailed elevations showing the materials, gates, and colors to be used in the construction of the trash enclosures. The detailed elevations should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 6. Prior to construction of phase two, the use and size of the proposed building pad located on the northwest corner of the site shall be determined (via design review application) based upon the available parking spaces that are not otherwise required/obligated for use by the buildings within phase 1. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 9. No signs are proposed with this application and none are approved. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. Provide revised building elevations showing the color and material to be used in the construction of the band along the bottom of Buildings A and B. The revised building elevations shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a Page 9 of 14 K:1Planning Dept\liagle ApplicationslDr1211I91DR-I3-I9 Multi -tenant Bldgs & I ti tor Piccadilly Village No 2 ccf.docx zoning certificate. 12. Provide a revised landscape plan showing the electric and gas utility meters proposed on the south building elevation to be screened from view by landscaping. The revised landscape plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. 13. Provide revised site and landscape plans with the correct square footage of the building pad site located on the northwest corner of the site for review and approval by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. 14. Provide revised site and landscape plans showing all parking lot signage for review and approval by staff and one (1) member of the Design Review Board prior to issuance of a zoning certificate. 15. Provide a revised site plan showing rolled curb (instead of a flat apron) in front of Buildings A and B. The revised site plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to 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. 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. 5. 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. 6. 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. Page 10 of 14 K:11'lanning DeptlEagle Applications\Dr12019111R-1:3-19 Multi -tenant 131dgs & I.ti for Piccadilly Village No 2 ccl:docx 7. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Engineer prior to the City Engineer signing the final plat. 8. 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, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 9. 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 10. 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. 11. 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. 12. 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 Page 11 of 14 K:U'lanning 1)cpt\Eaglc Applicalions1)A2019\I)R-13-19 Multi-tcnani 13Idgs & LS lir Piccadilly Village No 2 cadocx 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. 13. 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. 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. 16. 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 Commission and/or Council. 17. 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/or the City Council for review and approval. 18. 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. 19. 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. 20. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to 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 change 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. 21. 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). 22. 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. 23. 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:1Planning lkeptTagle ApplicationsUh12019111K-13-19 Multi -tenant Bldgs & IS (or Piccadilly Village No 2 ccf.docx CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -13-19) 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 multi -tenant commercial buildings are permitted with the approval of a design review application within the MU -DA -P (Mixed Use with a development agreement, planned unit development) 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 buildings are designed with materials and colors associated with the Craftsman architectural style which complements 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 meets the required parking for the proposed uses; 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 proposed buildings have been designed with quality materials that are consistent with the Craftsman architectural style and will harmonize with the existing residential subdivision in the vicinity; 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 proposed buildings are in conformance with the Eagle Architectural and Site Design Book and have been designed to complement the residential homes and the daycare in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed buildings are in conformance with the required setbacks and height regulations; 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 a sidewalk that provides for pedestrian connectivity within the site and access to the other pad site within Piccadilly Village Subdivision No. 2; 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 subdivision, and will not cover nor detract from desirable architectural features. Page 13 of 14 K:\I'lanning Ikptll:agk Applications1Dr120191)R-13.19 Multi -tenant Bldgs & LS for Piccadilly Village No 2 cci.docx DATED this 9"' day of April 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County Idaho A rr: •. Stan Ridgewa ayor f N V., A i. ATTEST: .• •`� - 1c or Sharon K. Bergmann, Eagle City Cljrh Page 14 of 14 k11'1annin UeptU.agk• Appl ,tun.\Irr12itIv1IiR 11-1't Multi tenant IikI & I S tur silage No ]ut Joct