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Findings - DR - 2019 - DR-52-19 - Multi Tenant Retail/Restaurant Truman Cove Sub No 1BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI- ) TENANT RETAIL/RESTAURANT BUILDING ) WITHIN TRUMAN COVE SUBDIVISION NO. 1 ) FOR RENNISON COMPANIES, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -52-19 The above -entitled design review application came before the Eagle Design Review Board for their action on August 8, 2019. The 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, Inc., represented by John Rennison, is requesting design review approval for a 4,692 -square foot multi -tenant retail/restaurant building. The 0.56 -acre site is located on the southeast corner of State Highway 44 and South Ancona Avenue at 2401 East State Street, within Truman Cove Subdivision No. 1 (Lot 2, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 3, 2019. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 10, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes Subdivision (RZ- 10-15 and PP -07-15). On June 13, 2017, the Eagle City Council approved the final plat for Truman Cove Subdivision No. 1 (formerly known as Eagle Lakes Subdivision) (F'P-01-17). On May 27, 2018, the Eagle City Council approved a development agreement modification for 'i'PC Brooklyn Park Investors, LLC (RZ-10-15 MOD). On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD) modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family [consisting of 250 -units], 12 commercial, 10 -common, and 1 -private street) subdivision. The subdivision modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family [consisting of 250 -units], 12 -commercial, and 15 -common [consisting of 1 -private street, 1 -private alley, and 1 -access drive]) (RZ-10-15 MOD2 & PP -07-15 MOD). On January 8, 2019, the City Council approved a modification to Condition of Development #3.6 of the rezone development agreement associated with the approved Truman Cove Subdivision (RZ-1O-15 MOD3). E. COMPANION APPLICATIONS: DR -53-19 (Master Sign Plan) Page 1 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use and Scenic MU -DA (Mixed Use with a Vacant land (Truman Cove Corridor development agreement in Subdivision No. 1) lieu of a PUD) Proposed No Change No change Multi -tenant retail/restaurant building North of site Mixed Use and Scenic Corridor South of site Mixed Use and Scenic Corridor East of site Mixed Use and Scenic Corridor West of site Mixed Use, and Scenic Corridor BP (Business Park) and MU - DA (Mixed Use with a development agreement in lieu of a PUD) MU -DA (Mixed Use with a development agreement in lieu of a PUD) MU. -DA (Mixed Use with a development agreement in lieu of a PUD) Vacant land (future restaurant with drive-thru), State Highway 44 Vacant land (future clinic/office building in Truman Cove Subdivision No. 4), East Riverside Drive Eagle Lakes Apartments MU -DA (Mixed Use with a South Ancona Avenue, development agreement) Flex space building G. DESIGN REVIhW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT: Yes. I. EXISTING SIlE CHARACTERISTICS: The site has been developed with curb, gutter, detached sidewalk, an 8 -foot wide landscape strip with street trees along East Riverside Drive and South Ancona as part of street improvements along the eastern and western border of the property. Page 2 of 16 KAPlanning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx J. SI'i'EDATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.56 -acres (24,437 -square feet) 5,000 -square feet (minimum) Percentage of Site Devoted 19% (approximately) 50% (maximum) to Building Coverage Percentage of Site Devoted 14% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 26 -parking spaces To be determined upon issuance of zoning certificate for each tenant space Front Setback (South) 39 -feet 20 -feet (minimum) Rear Setback (North) 39 -feet 20 -feet (minimum) Side Setback (West) 18 -feet 20 -feet (minimum) Side Setback (East) 85 -feet 7.5 -feet (minimum) K. PARKING ANALYSIS: Gross Floor Area of multi -tenant retail/restaurant building: 4,692 -square feet Proposed Parking Spaces: 26 Required Parking Spaces (estimated per use requirements in Eagle City Code): 24, for 4,692 -square feet using 1 parking space per 200 -square feet for banks/financial institutions (no drive -up service), clinic, emergency health care, offices, medical and dental 47, for 4,692 -square feet using 1 parking space per 100 -square feet for commercial entertainment facilities; dance floor, skating rinks 26, for 4,692 -square feet using 3 parking spaces per alley or lane (21 for 7 lanes), plus 1 additional space for each 100 -square feet of area used for restaurant, cocktail lounge, arcade area or similar (5 for 500 sq.ft.) 24, for racquetball clubs using 3 parking spaces per court with 8 courts at 40' long x 20' wide or 2 double tennis courts at 78' long x 36' wide and 1 single tennis court at 78' long x 27' wide 26, for commercial entertainment facilities; auditoriums, sports arenas, theaters, and similar uses having 78 seats using 1 parking space per each 3 seats 31, for 4,692 -square feet using 1 parking space per 150 -square feet for restaurant (no drive-thru) 19, for 4,692 -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, convenience store, travel services 16, for 4,692 -square feet using 1 parking space per 300 -square feet for laundromat 12, for 4,692 -square feet using 1 parking space per 400 -square feet for catering service, home and business services, printing and blueprinting, laundry, art galleries 10, for 4,692 -square feet using 1 parking space per 500 -square feet for emergency services, retail Page 3 of 16 KAPlanning DeptTagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx sales of large items such as furniture and appliances 5, for 4,692 -square feet using 1 parking space per 1,000 -square feet for artist studios, storage (enclosed building) 26, for churches and other places of religious assembly having 130 seats using 1 parking space per 5 seats within the tenant space 9, for childcare — daycare center, nursery schools, kindergartens having up to three classrooms using 3 parking spaces per classroom but not less than 9 for the building. Parking requirements will be determined upon review of the zoning certificate for each tenant space. L. GENERAL Si'iE DESIGN F'EATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a retail/restaurant building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-four foot, eight -inch (24' 8") high single -story structure. Gross Floor Area of Proposed Buildings: The proposed multi -tenant retail/restaurant building is approximately 4,692 -square feet. On and Off -Site Circulation: A paved parking lot provides parking for vehicles using this site. Two 30 -foot wide shared driveways are located on the west property line and provide access to South Ancona Avenue. The three lots within Truman Cove Subdivision No. 1 will share cross access and cross parking. M. BUILDING DESIGN F'EATURES: Roof: Single ply membrane (white), Standing seem metal (Galvalume) Walls: Stucco (OC -56 Moonshine), Thin Brick Veneer (Eldorado Stone "Ironside"), Tile (Graphik "Roman Clover" or sim.) Windows/Doors: Aluminum (Charcoal) Fascia/Trim: Metal (BM-HC145 Hale Navy) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The existing street trees along East Riverside Drive and South Ancona Avenue will be protected and retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing along South Ancona Avenue and East Riverside Drive. 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: 8% interior landscaping is required, 10% is proposed. Page 4 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx O. TRASH ENCLOSURES: One (1) 216 -square foot trash enclosure is shared between the three lots within Truman Cove Subdivision. The trash enclosure was approved with the multi -tenant retaillrestaurant/drugstore building application (DR -33-19). P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTIlVG: The applicant provided cutsheets of proposed building lighting that does not comply with Eagle City Code Section 8-4-4-2. The applicant did not provide a site and parking lot light plan showing location, height, and wattage. Revised lighting cut sheets and a site and parking lot plan will be required. R. SIGNAGE: No signs are proposed with this application. A separate design review application (DR -53-19) has been submitted for the approval of the master sign plan criteria for 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. A water service approval has not been received to date. Approval of 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-SI'I'E FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees — yes — street trees exist along East Riverside Drive and South Ancona Avenue Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Page5ofl6 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Sewer District Idaho Transportation Department W. LETTERS F'ROM THE PUBLIC: None received to date. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAi'F' 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 way 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 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 AGREEMEN'i' CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.6 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown as "C" conditional uses or prohibited under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: ■ Apartment • Multi -family dwelling ■ Daycare Center • Coffee Shop with Drive Up Service • Commercial Entertainment Facilities (Indoor and Outdoor) Page 6 of 16 KAPlanning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx • Drugstore with Drive Up Service • Hotel • Nursing/Convalescent Home • Parking Lot, Parking Garage, Commercial • Retail Sales (General) • Retail Sales (Limited) • Smoothie/Juice Shop with Drive Up Service • Storage (Enclosed Building) In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Residential, Mobile Home (Single Unit); • Residential, Mobile Home (Single Unit Temporary Living Quarters); • Residential, Mobile Home Park; • Adult Business; • Automotive washing facility; • Cemetery; • Circuses and Carnivals; • Drive -In Theatre; • Equipment Rental and Sales Yard; • Kennel; • Nursery, plant materials; • Riding Academies/Stables; • Small Engine Repair; • Storage (fenced area); 3.11 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). 3.12 The single-family dwellings shall be constructed utilizing "Contemporary Prairie and/or Modern Farmhouse" style architecture as shown on Exhibit F. The multi -family dwellings shall be constructed utilizing "Craftsman" style architecture as shown on Exhibit G. Commerciallretail buildings, multi -family residential buildings, and pool house shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, multi -family residential units, pool house, pumphouse for irrigation, and gazebos. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. Page 7 of 16 K:\Planning DeptTagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. r4 '1111 M�■rt r, /f// *. ABATE 3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. C. PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 14. Provide a revised preliminary plat modification showing the sidewalks, which are not located adjacent to a street, a minimum of 6 -feet in width. The revised preliminary plat modification shall be provided prior to submittal of a design review application. 25. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in a 6 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be utilized to minimize damage to the adjacent to sidewalks. The style of root barrier shall be reviewed and approved by staff prior to installation. Prior to the City Clerk signing the final plat the applicant Page 8 of 16 K:APlanning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drCducx shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 26. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 27. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Note Conditions A To E* Minimum Lot Area Minimum Zoning Maximum Front Rear Interior Street Maximum Lot Covered (Acres Or Square Lot District Height Side Side F And J' Feet) H* Width 1* 1 MU 35' 20' 20' 7.5' 20' 50% 5,000 50' • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8 -2A -7(C)(2): Existing Vegetation: 2. 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 or shrub shall be replaced in accordance with subsection Cl of this section. E. DISCUSSION: • The applicant is requesting design review approval to construct a single -story, multi -tenant retail/restaurant building. The applicant's justification letter states that the proposed retail/restaurant building designed with features of a contemporary Italianate style of architecture, is designed similar to the two adjacent commercial buildings, and does have subtle variations in colors and massing which gives the building its own unique character. Staff defers comment regarding building design and colors to the Design Review Board. Page 9 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx • The site plan shows the building located 18 -feet from the west property line. Eagle City Code Section 8-2-4 states that the required street side setback in the MU (Mixed Use) zone is 20 -feet. The applicant should be required to provide a revised site and landscape plan showing the building 20 -feet from the west property line. The revised site and landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant provided lighting cut sheets for the proposed building lighting; however, the LED lighting exceeds 3000K and a lighting plan for the location of the lighting on the building was not received. The applicant should be required to provide revised lighting cutsheets showing all LED lighting not to exceed 3000K and provide a lighting plan showing the location of all exterior building lighting. The revised cutsheets and lighting plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The proposed multi -tenant retail/restaurant building, shown on the site plan, date stamped by the City on July 3, 2019, is to be located within Lot 2, Block 1 of Truman Cove Subdivision No. 1. The final plat for Truman Cove Subdivision No. 1 has not been recorded to date. Based on the review of the application being site specific, the applicant should be required to provide a recorded copy of the final plat for Truman Cove Subdivision No. 1 prior to issuance of a zoning certificate for the multi -tenant retail/restaurant building. • Parking for the site is undetermined at this time and should be determined upon the issuance of a zoning certificate for each tenant space. There are 26 proposed parking spaces which includes one accessible space. The parking area, landscape, and multi -tenant building will be constructed in one phase for this site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 August 8, 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 17:35) 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, colors, and materials. The applicant requested flexibility to be able to utilize fiber cement board or reclaimed wood for the wood accents and the Board was in favor of this request. • The Board requested additional information regarding the utility meter locations and proposed screening. • The Board is in favor of the proposed landscaping and requested additional information on future patio furniture. BOARD DECISION: The Board voted 7 to 0 to recommend approval of DR -52-19 for a design review application fora multi - tenant retail/restaurant building within Truman Cove Subdivision No. 1 for Rennison Companies, Inc., with the following staff recommended site specific conditions of approval and standard conditions of Page 10 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-1O-15, PP -07-15, DR -58-15, DR -59-15, DR -34-18, DR - 14 -19 and any subsequent modifications. 2. Provide a revised site and landscape plan showing the building 20 -feet from the west property line. The revised site and landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Provide revised lighting cutsheets showing all LED lighting not to exceed 3000K and provide a lighting plan showing the location of all exterior building lighting. The revised cutsheets and lighting plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. 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. 5. All existing landscaping shall be protected and retained during construction. 6. Provide a recorded copy of the final plat for Truman Cove Subdivision No. 1 prior to issuance of a zoning certificate for the multi -tenant retail/restaurant building with drive-through. 7. Provide an executed shared trash enclosure use agreement with the two other property owners located within Truman Cove Subdivision No. 1 prior to the issuance of a zoning certificate. The agreement shall be reviewed and approved by the City prior to execution. 8. Provide a cross access agreement with the adjacent property owners for ingress/egress to the site. The cross -access agreement shall be reviewed and approved by staff and shall be recorded in the Ada County Recorder's Office prior to the issuance of a zoning certificate. 9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 10. 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. 11. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 12. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 13. No ground mounted mechanical units are proposed with this application and none are approved. 14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 15. No signs are proposed with this application and none are approved. 16. Provide revised building elevations showing either fiber cement board or reclaimed wood for the wood accents shown on the building. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 17. Provide a revised site and landscape plan showing the location of all utility meters and the proposed screening. The revised site and landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 18. Provide a revised landscape plan showing the location of one bicycle rack and provide a detailed cut sheet of the bicycle rack showing the style and color. The revised landscape plan shall be reviewed Page 1 1 of 16 KAPlanning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 19. If outdoor patio furniture is proposed, the applicant shall provide detailed cutsheets for all patio furniture showing the style and color. The detailed cutsheets shall be reviewed and approved by staff and one 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. 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) Page 12 of 16 KAPlanning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. 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 Page 13 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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. 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 Page 14 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drtdocx and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -52-19) 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 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 building is permitted with the approval of a design review application within the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed multi -tenant building is designed with materials and colors associated with a contemporary Italianate style architecture 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 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 has been designed with quality materials that are consistent with a contemporary Italianate architectural style and will harmonize with the proposed retail/restaurant/drugstore buildings within 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 building is in conformance with the Eagle Architecture and Site Design book and has been designed to complement the proposed retail/restaurant/drugstore buildings 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 building is 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 sidewalks and pathway that provides for pedestrian connectivity within the site and access to the other pad sites within other phases of Truman Cove Subdivision; 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. A separate design review application (DR -53-19) has been submitted for the master sign plan criteria and all signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. Page 15 of 16 KAPlanning Dept\Eagle Applications\Dr\2019\DR-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drf.docx DATED this 22nd day of August 2019. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Craig Brasher, Chairm, n ATTEST: Sharon ergmann, Eagle CClerk Page 16 of 16 K:\Planning Dept\Eagle Applications\Dr\2019\I)R-52-19 Multi -tenant Retail -Restaurant Bldg in Truman Cove Sub No. 1 drtidocx