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Findings - CC - 2019 - DR-06-93 MOD - Change Of Use From Retail To Retail And Indoor Commercial Entertainment FacilityBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A CHANGE OF USE FROM RETAIL TO RETAIL AND INDOOR COMMERCIAL ENTERTAINMENT FACILITY, INCLUDING A BUILDING ADDITION FOR GOLF YOUR WAY FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -06-93 MOD 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: Golf Your Way, represented by Joe Rausch with Wright Brothers The Building Company, is requesting design review approval to change the use of the building from retail to retail and indoor commercial entertainment facility, including the construction of a 2,300 -square foot indoor training and club testing facility. The 0.30 -acre site is located on the north side of East State Street approximately 585 -feet west of the intersection of North Parkinson Street and East State Street at 2250 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 7, 2019. A revised site plan was received by the City on March 14, 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 June 1, 1993, the City Council approved a design review application for a golf sales and club repair business and building wall sign for Golf Magic (DR -06-93). On March 6, 2019, Ada County Highway District Commissioners approved a waiver of the requirement for the installation of curb, gutter, and sidewalks along State Street and Dunyon Street abutting the site for Golf Your Way (EAG19-0002; CU -08-18). E. COMPANION APPLICATIONS: CU -08-18 (conditional use for an indoor commercial entertainment facility and waivers pursuant to Idaho Code 67-6512(0). Page 1 of 18 K.1Planning DcptTagk Applications1DA1980-941PK-06.93 MOD Golf Your Way Bldg Addition ccl.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION Existing Mixed Use MU (Mixed Use) Proposed No Change No Change North of site South of site East of site West of site Compact Residential Mixed Use Mixed Use Mixed Use R-4 (Residential) BP (Business Park) MU (Mixed Use) MU (Mixed Use) G. DESIGN REVIEW OVERLAY DISTRICT: Located within the DSDA (Dunyon/State Development area). H. URBAN RENEWAL DISTRICT: Yes I. EXISTING SITE CHARACTERISTICS: LAND USE Retail Business (Golf Your Way) Retail Business (Golf Your Way) & Indoor Commercial Entertainment Facility (video golf) Single -Family Residential Single -Family Residential Single -Family Residential Single -Family Residential The site consists of one (1) existing 864 -square foot metal building. The site also contains an asphalt parking area with 9 parking spaces at the front (south) of the building with a 24 -foot wide access point from East State Street. The street right-of-way is located approximately 28 -feet from the front of the building. An outdoor putting green/outdoor club demo area is located on the west side of the existing building. An open area to the rear (north) of the building on the property consists of approximately 8,555 -square feet. A 6 -foot chain link fence runs adjacent to the eastern and western property lines, the fence adjacent to the western property line has slats within the chain link. Page 2 of 18 K:U'lanning Depaagle Application.\DA1980-941DR-06-93 MOO Coll Your Way Bldg Addition ccfdocx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.30 acres (13,068 -sq. ft.) 5,000 -sq. ft. (minimum) Percentage of Site Devoted to Building 50 % 50% (maximum) Coverage Percentage of Site Devoted to 12% 10% (minimum) Landscaping Number of Parking Spaces 9 -parking spaces (existing) 6 -parking spaces Front Setback (south) 20 -feet 20 -feet (minimum) Rear Setback (north) 20 -feet 20- feet (minimum) Side Setback (east) 7.5 -feet 7.5 -feet (minimum) Side Setback (west) 7.5 -feet 7.5 -feet (minimum) K. PARKING ANALYSIS: Gross Floor Area: 3,164 -square feet: 864 -square feet retail/2,300-square feet entertainment Retails sales — 1 per 250 -square feet of gross floor area 864 -square feet/250 = 3.456 (round up to 4) Auditoriums, sports arenas, theaters, and similar uses — 1 space for each 3 seats Number of entertainment stations: four (4), (one (1) person per station maximum capacity) 4 stations/1 for each 3 seats = 2 • Eagle City Code Section 8-4-5 requires 1 parking space per 250 -sq. ft. for "Retail sales" uses. • Eagle City Code Section 8-4-5 requires 1 parking space for each 3 seats for "Auditoriums, sports arenas, theaters and similar" uses. Total parking spaces required: 6 Total parking spaces existing: 9 L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The site consists of one (1) existing commercial metal building (18 -feet high) used to provide custom golf club services and retail sales of golf clubs and merchandise. A 2,300 -square foot building addition that includes a virtual indoor driving range for entertainment is proposed. Height and Number of Stories of Proposed Buildings: approximately 24 -feet high, one-story Gross Floor Area of Proposed Buildings: 3,164-sqiare feet Existing building (retail) = 864 -square feet Proposed building addition (entertainment) = 2,300 -square -feet Total = 3,164 -square -feet Page 3 of 18 K:IPlanning Ikptlliagk Applications1Dr11980-941DR-06-93 MOD Golf Your Way Bldg Addition ccEdocx On and Off -Site Circulation: A 1,597 -square foot (approximately) paved parking area is located on the south side of the existing building for vehicles using this site. A 24 -foot wide entrance drive from East State Street is located on the south side of the parking lot. M. BUILDING DESIGN FEATURES: Roof: Asphalt shingle (Brown/Black): Walls: Existing board and batt with new paint (Blue/Grey), new board and batt (Blue/Grey), existing metal siding (Cream) Windows/Doors: Vinyl (White) Fascia/Trim: Existing wood trim (Brown), new wood trim (Brown) Other: New river rock to match existing N. EXISTING LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no mature trees on the site. Proposed Tree Mix (Species): There are three (3) new trees proposed, one (1) on the southwest corner of the site and two (2) on each side of the existing building (east and west). Tree Replacement Calculations: N/A Proposed Street Trees: N/A Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed at the southwest corner on the perimeter of the parking lot. No additional perimeter landscaping is proposed around the parking lot. b. Interior Landscaping: 5% interior landscaping is required; 5% interior landscape is proposed on the southwest corner of the existing parking area. O. TRASH ENCLOSURE: The owner does not anticipate significant accumulation of trash with the proposed application. No trash enclosure is proposed. Curbside recycle and waste removal, as used in residential areas, will be the means by which trash is removed from the premises. Rolling bins will be stored inside the building when not placed on the curb for trash pick up. A separate design review application for a trash enclosure will be required if the retail and indoor commercial entertainment facility warrants it in the future. P. MECHANICAL UNITS: There is one (1) existing ground mounted mechanical unit located on the east side of the existing building. The applicant is proposing one (1) new ground mounted mechanical unit to be located between the existing building and the proposed building addition. The existing ground mounted mechanical unit is proposed to be screened with landscaping, the ground mounted mechanical units are proposed to be screened by landscaping and the building addition. Q. OUTDOOR LIGHTING: There is an existing non -shielded light on the south elevation of the existing building. The new building elevations show the light removed. Goose -neck lighting is proposed. Page 4 of 18 K:Wlanning Dt ptlliagIc Applications11)r1I980-941DR-06-93 M()D Golf Your Way Bldg Addition cct:docx R. SIGNAGE: No signs are proposed with this application, and none are approved. A separate design review application is required to be reviewed and approved prior to any signs being constructed on the site. S. 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 T. PUBLIC USES PROPOSED: None U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — no Riparian Vegetation — no Steep Slopes — no Stream/Creek— no Unique Animal Life — no Unique Plant Life — no Unstable Soils — 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. Andeavor (Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Sewer District Idaho Transportation Department Republic Services Y. LETTERS FROM THE PUBLIC: None received to date. 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 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 Page 5 of 18 K: Planning Dcptll.agk Applications1DA1980-941I)R-06.93 IOD Colt Your Way Bldg Addition ccf.docz process. See the planning area text for a complete description of site specific uses. B. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Pursuant to Idaho Code 67-6512(0, the applicant is requesting the following waivers: • Waiver to permit the gravel to remain along the north portion of the site, using bollards, curbing, or other city -approved barrier method along the Dunyon Street frontage to prevent vehicles from entering the area. • Waiver to keep the existing 6 -foot chain link fence adjacent to the east and west property lines. The fencing shall be removed and/or replaced with a fence style to conform to Eagle City Code 8 -2A - 6(B)(3) within a two (2) year period from the date of the City Council's approval of this conditional use permit (CU -08-18). prior to the issuance of a zoning certificate. • Waiver to reduce the landscaping to not include a 10 -foot wide landscaped strip between the right-of-way and the parking lot on the south side of the property and a 10 -foot landscaped strip buffer between the right-of-way and the north side of the building addition. The landscaped strips along each street frontage shall include at a minimum, one (1) shade tree and five (5) shrubs per thirty-five (35) linear feet of street frontage excluding driveway openings. A design review application shall be reviewed and approved by the Design Review Board and City Council for this site prior to the issuance of a zoning certificate. • Waiver to allow the drainage system for the site to remain with no changes required. • Waiver from the Ada County Highway District Commission shall determine whether curb, gutter, and five-foot (5') sidewalk is required along the street frontages of East Dunyon Street and East State Street. If required by Ada County Highway District, provide a revised site plan showing curb, gutter, and five-foot (5') sidewalk along the street frontage of East Dunyon Street and East State Street separated by an eight -foot (8') wide parkway planter strip prior to the issuance of a zoning certificate. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules And Definitions: Commercial Entertainment Facilities as: An establishment which is generally related to the entertainment field, the principal business of which is not the sale of alcoholic beverages. Retail Sales as A. General: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, video stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art antiques, art supplies, and services, paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new automotive parts and accessories (excluding services and installation). • Eagle City Code, Section 8-2-3 states, in part, that an Indoor Commercial Entertainment Facility located within a MU (Mixed Use) zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-2A-1: Design Review Overlay District: 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, Page 6 of 18 K:1I'lanning IhptlEagtc Application.M)r\I980-94\DR-I)6-93 MOD Golf Your Way Bldg Addition ccr.docx institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the City Council. • Eagle City Code Section 8 -2A -6(A)(5) Utilities: Utility service systems shall not detract from building or site design. Cable, electrical, and telephone service systems shall be installed underground. • Eagle City Code Section 8 -2A -6(F) Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book. 1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage new development by providing unique regulations specific to this district. 2. Setbacks And Site Design: a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen feet (15') minimum. b. Side Setbacks: Side building setbacks shall be five feet (5') minimum. c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the City encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plaza, streetscape extension and bike racks. d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section: (1) Interior and perimeter parking lot landscape area dimensions may be reduced. (2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. • Eagle City Code Section 8-2A-6(B)(3)(e): Fences e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or unsightly fencing is prohibited. • Eagle City Code Section 8-2A-7 (L): Landscape Commercial Strips 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorist, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty-five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. • Eagle City Code, Section 8-2A-7 (M): Parkway Strips, Separated Sidewalks, And Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight -foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over Page 7 of 18 K:\Planning IkpAliaglc Applications\Dr\1980-941DR-06-93 M()1) (loll Your Way Bldg Addition ccf.docx streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty-five (35) linear feet of street frontage. 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. • Eagle City Code Section 8-4-3: Design and Maintenance: A. Paving: The required number of parking and loading spaces as set forth in this chapter, together with driveways, aisles and other circulation areas, shall be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not be permitted. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Auditoriums, sports arenas, 1 for each 3 seats theaters and similar uses Retail sales not listed under another use classification 1 per 250 square feet of gross floor area; in the DDA and TDA 1 per 500 square feet of gross floor area shall be required for any such use and on street parking shall be included in the minimum requirement • Eagle City Code Section 8-2A-7 (K)(4)(a) 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 Of Spaces 10-20 21 -50 51+ Percent Of Total Area Of A Lot That Must Be An Interior Landscaped Area 5 percent 8 percent 10 percent • Eagle City Code Section 8-4-4-2: ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. Page 8 of 18 KAYlanning IkplU?agk Applications\DA1980-94111R-O6-93 MOI) (iolf Your Way Bldg Addition ccf.docx 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the Tamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. D. DISCUSSION: A 6 -foot high chain link fencing is located along each side property line (east and west). Pursuant to Eagle City Code Section 8-2A-6(B)(3)(e), chain Zink fencing is prohibited within the design review overlay district. As part of the conditional use permit (CU -08-18), the applicant requested a waiver to permit the chain link fence to remain along the east and west property lines. The images below show the existing chain link fencing adjacent to the east and west property lines. :aa operty line West property line Page 9 of 18 K-N'lanning 11epol'.agle ApplkationsUM19R11-91\DR-t16-93 MI11)Golf Your Way Bldg Addition Lc! cloy( • Pursuant to Eagle City Code Section 8-2A-6(F)(2)(c) within the DSDA (Dunyon/State Development Area), pedestrian amenities are encouraged within the front and rear setback areas. Golf Your Way has proposed to keep the existing concrete patio with an existing putting green and plaza area located on the west side of the building and north of the existing parking area. The applicant is proposing a new bike rack and outdoor table to complete the plaza area. The image below shows the putting green and plaza area west of the existing building. • Curb, gutter, and sidewalk is not currently present along East State Street (south of the site) or East Dunyon Street (north of the site). Eagle City Code Section 9-4-1-3 "Curbs and Gutters" and Section 9-4-1-6 "Pedestrian/Bicycle Pathway and Sidewalk Regulations", requires the installation of curb, gutter and sidewalk along East State Street and East Dunyon Street. As part of the conditional use permit (CU -08-18), the applicant had requested a waiver of this requirement. Ada County Highway District approved this waiver at the March 6, 2019 Commission meeting. • Pursuant to Eagle City Code Section 8-2A-6(F)(d)(I-2), at the discretion of the Design Review Board and City Council, interior parking lot landscaping, perimeter landscaping between the building and the property line within the DSDA (Dunyon/State Development Area), and the minimum 10 -foot wide perimeter landscape strip may be reduced. The applicant will install the required 5% parking lot interior landscaping which includes a new tree, shrubs, and flowers on the southwest corner of the parking area. The applicant is proposing two (2) new trees at each side (east and west) of the existing building. The applicant is also proposing new drainage swales on each side (east and west) of the proposed building addition, which includes a landscaped area identified as "xeriscape" on the proposed landscape plan. The image below is the proposed south elevation showing the proposed landscape at the sides of the proposed addition. Page 10 of 18 K \Planning Dcpt\1 aglc AppIIWIion.\Dr\ I9ii11-94\DR-11h-9t M(ID (lull Your Way Bldg Addition tact dnw • Eagle City Code Section 8-4-3 "Design and Maintenance", states that all parking and loading areas shall provide for proper drainage of surface water to be retained on site. As part of the conditional use permit (CU -08-18), the applicant requested a waiver of this requirement. The applicant has proposed to keep the current drainage system in place, draining from the existing parking lot area off the southeast corner of the lot into the undeveloped right-of-way of East State Street. East State Street is improved with 40 -feet of pavement within the right-of-way with no curb, gutter, or sidewalk abutting the site. East State Street right-of-way is located 28 -feet from the front of the building. The image below shows this area east of the entrance into the site. • Eagle City Code Section 8-4-3 requires all parking and loading spaces, together with driveways, aisles and other circulation areas to be improved with material such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces are not permitted. East Dunyon Street has been improved with 26 -feet of pavement within the right-of-way with no curb, gutter or sidewalk abutting the site. The applicant is not proposing to use this area as an entry point into the site for parking. As part of this conditional use permit (CU -08-18), the applicant requested a waiver of the requirement to pave this area. if the waiver is approved, staff recommends the applicant provide a revised site plan showing the use of bollards, curbing, or other city -approved barrier method along the Dunyon Street frontage. The image below is looking south at the gravel area on site from East Dunyon Street. Page 11 of 18 K.1Il.lnnine Dept\1.aE1e .1ppIt , I ne11hU9%11-94AUR-06-9: N101) GM Your'.V.t 1s:Jg Addition do“ • No signs are proposed with this application and no signs have been approved. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested design review application 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 1:12:48) 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 proposed site plan and exterior building elevations, with modifications noted within the site specific conditions of approval provided within this findings of fact and conclusion of law document dated March 14, 2019. • The Board does not support the waiver to permit the chain link fence to remain along the east and west property lines. • The Board is in support of reducing the required landscaping along the street frontage of East State Street. • The Board recommends the applicant install landscaping or fencing along the frontage of East Dunyon Street to the north side of the building addition to prevent vehicles from entering the area. BOARD DECISION: The Board voted 7 to 0 to recommend approval of DR -06-93 MOD for a design review application to change the use of the building from retail to retail and indoor commercial entertainment facility, including the construction of a 2,300 -square foot indoor training and club testing facility (video golf) for Golf Your Way, with the 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 -06-93 MOD for a design review application to change the use of the building from retail to retail and indoor commercial entertainment facility, including the construction of a 2,300 -square foot indoor training and club testing facility (video golf) for Golf Your Way, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council and text shown with strikethrough to be deleted by the Council. Page 12 of 18 K:U'lanning DcptlEaglc Applicatioac1Dr11980-941I)R-I)6-93 MOD Golf Your Way Bldg Addition ccr.docx SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU -08-18. 2. The applicant shall obtain a zoning certificate prior to construction of the indoor commercial entertainment facility. 3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City, whichever occurs first. 4. 'fn -the- ty-Gounsil approves a vvaiv permit the -grave? to remain along -the -north -portion -of -the -site; the applicant -shall submit a revised -site -plan -showing -the use of bollards, curbing, or other City ap ro-ved barrier r:.ethod along -the Dunyen Etrcet frontage. The revised site plan shall be reviewed -and approved by staff prior to -the issuance of a zoning certificate. The approved barrier shall hrc installed prior te-the-issuance of an occupancy permit far the new itructuro. 5. Provide detailed cut sheets of all building lighting showing the style, color, wattage, luminaire, etc. The detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. All overhead utilities to the site shall be removed and/or placed underground prior to the issuance of a zoning certificate. 7. No signs are proposed with this application and none are approved. 8. The existing chain link fence adjacent to the east and west property lines shall be removed and/or replaced with a fence style to conform to Eagle City Code Section 8 -2A -6(B)(3) within a one (1) two (2) year period from the date of the City Council's approval of this conditional use permit (CU -08-18). 9. Provide a .e ;•iced landscape plan hewing a 10 foot -,vide 1andseaped strip -between the right of way and the parki th side of the property and a 10 foot landscaped -strip -Differ between -the right of way and the north side of the -building -addition. The landscaped -strip along each street frontage shall include at a minimum, one (1) shade, tree and five (5) shrub ., - - - .. feet ef. street frontage excluding driveway openings. A design review applicatioe shall be -reviewed -and ... - - _ ' - - .. • cil for this site prior to the-iissuancc of azoning certificate. 10. Provide -an o site drainage plan in accordance with Eagle City Gede E>ections 8 2A 10 (C) 3 14 (P.) prior to the issuance of a zoning certificate. L 11. The Ada County Highway -District Cone ,:on shall determine whether curb, gutter, and five foot (5') sidewalk is require-aleng the street-Creme/get; of Easel &i--cat-and East Etate-Street. }+-Highway District, pr n showing curb, gutter-, and five foot (5') tap of East Dunyon Street and East State Street separated by an eight - foot (g') -wide -parkway p!anter strip prior to -the mss, -ante o€ -a -zoning ecrtificato. 12. Provide a revised site pla ortrn-n of the site (that -portion -emending from the building addition. to Dun:,' -en -Street) improved -with -asphalt -(for parking) or la fencing prior to the issuance of a zoning certificate. 13. Provide a revised site and landscape plan showing landscaping around the proposed tree at the southwest corner of the parking lot. The revised site and 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. 14. Provide a revised site and landscape plan ,how urn 10 foot v.' - between the property lines and the -parking lot, and plant -with a minim-e€-ene (1) shade tree and five (5) shrubs per thirty-five (35) linear feet of perime n re -view application shall be re viewed and -approved by -the Design -Review -Beard and City Council for this site prior to the issuance of a Page 13 of 18 K:II'lanning Ikptlliaglc ApplicationssDr11980-941I)R-06.93 MOI) (toll' Your Way Bldg Addition ccf.docx zoning certificate. 15. Provide revised building elevations showing the materials and colors labeled. The revised building elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to issuance of a zoning certificate. 16. Provide revised building elevations showing the white horizontal band and the lower portion below the windows of the front elevation (south) painted Snowbound to match the new building addition color. The revised building elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to issuance of a zoning certificate. 17. Provide a lighting plan showing all exterior building lighting. Detailed cut sheets showing the style, wattage, luminaries, etc. shall be submitted. All non -conforming exterior light fixtures shall be removed. The lighting plan and detailed cut sheets shall be reviewed and approved by staff and two (2) members 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. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources 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. Page 14 of 18 )(Manning Deptlliaglc Applications\DA1980-9d1DR-06-93 MOI) ('otl Your Way Bldg Addition cct docx 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, 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. 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, 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. 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. 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. 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, Page 15 of 18 K:1Planning 1)cpt\liaglr Applications\DA1980-941DR-O6-93 MOD Golf Your Way Bldg Addition cc(docx 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 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. 15. 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. 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 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. 18. 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. 19. 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. 20. 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. 21. 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. 22. 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). 23. 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. 24. 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 Page 16 of 18 K:11'lanning bcptlliaglc AppliicationAl)r11980-9•111)1(-06.93 MO) (hill Your Way 111dg Addition ccf.docx and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -06-93 MOD) 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 the Eagle City Code, since there are no inconsistencies with the comprehensive plan and modification to an existing building, including site and exterior building modifications are permitted with the approval of a design review application within the MU (Mixed Use) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and development in the vicinity of the site since the proposed building update and building addition 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 meets the required parking for the proposed use; 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 building update and building addition have been designed with quality materials consistent with the Craftsman architectural style and will harmonize with the general 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 building update and building addition are in conformance with the Eagle Architectural and Site Design Book and has been designed to complement the general vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building update and building addition 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 from East State Street since the parking lot has been designed with connectivity to the public street; 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 since there is an existing plaza area with putting green; 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 17 of 18 K:Wlanning Dcpt\Eagle ApplicationssDA1980-94IDR-06-93 MOD Gott' Your Way Bldg Addition ccl docx DATED this 23"' day of April 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City CIrL 6\70'.,,y R •�E • F. *. SEAL •moi OI7 \\') ,'''1,,,,,,,,,,,, Reconsideration Notice: Applicant has the right. pursuant to Section 67-6515. Idaho Code. to request a reconsideration within fourteen (14) days of the final written decision Page 18 of 18 K \Planning 1)cpi\l ,rgk Applwauon,\I Ir5 P97u1'1 t\l81.1)6 of 1IS1I1 tudl Now way ISldg Adducin ail dura