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Findings - CC - 2020 - DR-02-20 - Petiq Office Bldg In Eagle River Development BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR AN OrrICE ) BUILDING WITHIN EAGLE RIVER ) DEVELOPMENT FOR PETIQ,LLC ) IINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-02-20 The above-entitled design review application came before the Eagle City Council for their action on March 10, 2020. 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; iINDINGS OF FACT: A. PROJECT SUMMARY: PetIQ, LLC, represented by Ian Hoffman with Cole Architects, is requesting design review approval fora 52,963-square foot three story office building(1St Floor= 17,685-SF,2nd Floor= 18,379-SF, and 3rd Floor= 16,899-SF)for PetIQ. The 3.67-acre site is located on the northwest corner of East Riverside Drive and East Eagle River Street approximately 340-feet east of South Eagle Road within Eagle River Development(Lot 20 and a portion of Lot 19,Block 3,Mixed Use Subdivision No. 5). B. APPLICAIION SUBMITTAL: The City of Eagle received the application for this item on January 9,2020. Supplemental information (revised building elevations and revised landscape plan)were received by the City on February 6,2020. C. NO lICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 16, 2020, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACi'iONS: On January 28, 2020, the City Council approved a conditional use permit application for a building height exception to 59-feet for a three-story office building(CU-07-19). E. COMPANION APPLICAi'iONS: DR-09-20(PetIQ Signage). F. LAND USE DESIGNAlION:Office,business and professional,permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 14 KAPlanning DeptTagle ApplicationsOr\2020\DR-02-20 PetIQ office bldg ERD cc£dcex G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA1'iONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3-DA(Highway Business Vacant lots District with a development agreement) Proposed No Change No Change Office building North of site Public/Semi-Public and C-3-DA(Highway Business State Highway 44, Downtown District with a development restaurants and office agreement)and CBD(Central building Business District) South of site Mixed Use MU-DA(Mixed Use with a St.Alphonsus medical development agreement) office/hospital East of site Commercial C-3-DA(Highway Business Vacant lot District with a development agreement) West of site Commercial C-3-DA(Highway Business Multi-tenant retail/office/ District with a development restaurant building agreement) H. DESIGN REVIEW OVERLAY DISIRICT:Not in the DDA, IDA, CEDA, or DSDA. L URBAN RENEWAL DISIRICT: No. J. EXISi1NG SITE CHARACIERISTICS: There is an existing landscape berm with extensive landscaping and a 10-foot wide asphalt pathway along State Highway 44 and there are street trees along East Riverside Drive. Page 2 of 14 KAPlanning Dept\Eagle Applications\Dr\2020\DR-02-20 PetIQ office bldg ERD ccf.docx K. SITE DATA: SITE DATA PROPOSED REQuIRED Total Acreage of Site 3.67-acres(159,865-square feet) 1,300-square feet(minimum) Percentage of Site Devoted 11%(approximately) 92%(maximum) to Building Coverage Percentage of Site Devoted 25%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 228-parking spaces 212-parking spaces(minimum) Front Setback(South) 150-feet 0-feet(minimum) Rear Setback(North) 47-feet 0-feet(minimum) Side Setback(East) 176-feet 0-feet(minimum) Side Setback(West) 35-feet 0-feet(minimum) . . , ....... L. PARKING ANALYSIS: Gross Floor Area of Proposed Office,business and professional: 52,963-square feet Office, business and professional- 1 parking space per 250-square feet 52,963-square feet/250=212 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 250-square feet of gross floor area for an office,business and professional: Proposed Parking Spaces: 228 Required Parking Spaces: 212 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office,business and professional") M. GENERAL SITE DESIGN FEA1IJRES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1)building to be utilized as an office. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately fifty-nine foot(59')high three-story structure. Gross Floor Area of Proposed Buildings: The proposed office is approximately 52,963-square feet. On and Off-Site Circulation: An 88,758-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 28-foot wide shared driveway is located at the southwest corner of the side and provides access to East Eagle River Street. One 28-foot wide shared driveway located adjacent to the south property line provides access to East Riverside Drive. Page 3 of 14 KAPlanning DeptEagle Applications\Dr\2020\DR-02-20 PetIQ office bldg ERD ccf.docx N. BUILDING DESIGN FEAIURES: Roof: Single ply membrane(White/Gray) Walls: Brick(Red/Brown),Metal Panel(Blue/Grey), Smooth Metal Panel(Dark Grey/Black) Windows/Doors: Aluminum(Clear/Grey Glazing/Dark Frame) Fascia/Trim: Metal Panel(Dark Grey/Black) O. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees adjacent to State Highway 44 and East Riverside Drive.The applicant is proposing to remove two trees adjacent to East Riverside Drive where the driveway to the site is to be located. All other trees will be protected and retained. Below is a list of the trees proposed to be removed identified by species, size, condition and required replacement inches as identified on the landscape plan,date stamped by the City on January 9,2020. ......... Tree Specie Caliper Condition Replacement inches Oak 3"caliper Good 3" Oak 8"caliper Fair 0' ..•. ..•..••........ ._____.... Tree Replacement Calculations:The applicant did not identify how they were proposing to mitigate for the three caliper inches. The site has 25% landscaping proposed(in excess of 10%required per code) including multiple trees adjacent to the building, therefore, the tree mitigation requirement has been met. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Existing street trees are located along 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: 10%interior landscaping is required, 12.5% is proposed. P. IRASH ENCLOSURES: One(1)336-square foot trash enclosure is proposed to be located near the northeast corner of the building. The enclosure is proposed to be constructed of brick and metal gates; all of which will match the materials and colors used in the construction of the building. Q. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and none are approved. R. OUTDOOR LIGHTING: A site and parking lot light plan showing location,height, and wattage and detailed lighting cutsheets were received by the City and comply with Eagle City Code Section 8-4-4-2. Page 4 of 14 KAPlanning DeptTagle Applications\Dr\2020\DR-02-20 PMIQ office bldg ERD ccf.docx S. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-09-20)has been submitted for the approval of signs proposed on this building and on the site. T. 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. U. PUBLIC USES PROPOSED:None. V. PUBLIC USES SHOWN ON FU'I'URE ACQUISITIONS MAP:No map currently exists. W. SPECIAL ON-SITE FEA1'IJRES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—yes—The site is located within the 1%floodplain area as identified on the Flood Insurance Rate Map(FIRM)Panel#16001C153H. Mature Trees—yes—located within the existing planter strips along the existing pathway and existing sidewalk Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. Y. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Marathon Pile Line(flca Andeavor) Eagle Fire Department Z. LETTERS FROM'[HE PUBLIC:None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAYY ANALYSIS PROVII)ED WITHIN THE STAFY REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'MIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. Page 5 of 14 KAPlanning DeptTagle Applications\Dr\2020\DR-02.20 PetIQ office bldg ERD ccf.docx B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING'i'HIS PROPOSAL: 2.3 All development within the Property shall be consistent with the Site Design Guidelines("Design Guidelines")and Conceptual Plans as outlined within the Development Agreement for the Eagle River Commercial Development dated January 25,2000,between the City of Eagle and Eagle River LLC(recorded instrument No. 100011692). C. CONDITIONAL USE PERMIT SITE SPECIFIC CONDITIONS WHICH ARE OF SPECIAL CONCERN REGARDING'I'HIS PROPOSAL: 3. The maximum height of the building shall not exceed 55-feet with the exception of the portion of the building that houses the elevator and elevator lobby area,which shall not exceed a maximum height of 59-feet. 4. The proposed building design incorporates a"Contemporary"architectural style. The proposed architecture shall be in conformance with the"Eagle River Landscape, Site Design,and Architectural Design Guidelines"pursuant to the executed development agreement. The architectural style is subject to change at the discretion of the Design Review Board and City Council. Owner shall submit a design review application for the proposed building and site(as required by Eagle City Code)and shall comply with all conditions required by the Design Review Board and City Council prior to the issuance of a zoning certificate. D. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes,but is not limited to, new commercial, industrial, institutional, office,multi-family residential projects, signs,common areas,subdivision signage, proposed conversions,proposed changes in land use and/or building use,exterior remodeling or repainting with a color different than what is existing,exterior restoration, and enlargement or expansion of existing buildings, signs or sites,and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(B)(1): Exterior walls and soffits: k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road. A waiver of this subsection Bik on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city;and is attractively landscaped,designed,and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be prohibited in the DDA, 1llA,CEDA design review overlay district areas. Page 6 of 14 KAPlanning DeptTagle ApplicarionsDr\2020\DR-02-20 PetIQ office bldg ERD ccf.docx • Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement would be four(4)two inch(2")caliper deciduous trees. A twelve foot(12')tall coniferous tree is removed, an acceptable replacement would be two(2) six feet(6')tall coniferous trees. b. When a homeowners association or its agent removes tree(s) from a subdivision common area to appropriately thin an overgrown canopy, replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of the following trees shall not otherwise require replacement: black locust, poplar, cottonwood, willow,tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section 8-1-2 of this title,the tree(s)may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line, whichever is furthest from the trunk. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping: 4. Parking Lot Interior Landscaping: a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with ten(10)spaces and above. The required amount of landscaping is based on a sliding scale, as follows: Page 7 of 14 K.\Planning Dept\Eagle Applications\Dr\2020\DR-02-20 PetIQ office bldg ERD ccf docx Percent Of Total Area Of Total Number • A Lot That Must Be An a;! Of Spaces Interior Landscaped Area ‘,' 10-20 5 percent 21 -50 8 percent 51+ 110 percent 413MM:+wV2+NSa-I.w:.OMMOM.: M,vzMAI::'4 , ...:r.MO. b. Additional Requirements: (1)No interior planter shall be less than five feet(5')in any dimension. (2)No parking space shall be more than sixty feet(60')from an interior landscaped area. (3)Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4)Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). (5)A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs,ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs,ground cover,or grass. E. DISCUSSION: • The applicant is requesting design review approval to construct an 52,963-square foot office building with a 1,566-square foot rooftop patio. The applicant's justification letter states that the building has a steel framed,modern building design that meets the design guidelines within the Eagle River development agreement. The building is proposed to be constructed of brick and metal siding. Eagle City Code 8-2A-6(b)(1)(k), states that metal siding is prohibited on the portion of any building facing a road,however,a waiver of subsection B 1 k may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings, architecturally compatible with other nonmetal buildings in the City,and is attractively landscaped,designed,and situated to eliminate a stark utilitarian look. Staff defers comment regarding the building design,materials, colors,and metal siding waiver to the Design Review Board. • The landscape plan shows interior landscape islands throughout the parking lot of the site that totals 7.5%. Eagle City Code Section 8-2A-7(k)(4)(a),requires 10% interior parking lot landscaping on the lot. The applicant should be required to provide a revised landscape plan showing a minimum of 10% interior parking lot landscaping.The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. STAYF RECOMMENDATION PROVI1)ED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 8 of 14 KAPlanning DeptTagle ApplicationsOr\2020\DR-02-20 PetIQ office bldg ERD cc£docx PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on February 13,2020, at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 19:41) Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board affirms the building design,materials,and colors with the addition of site specific condition no. 14. • The Board recommends a waiver of Eagle City Code Section 8-2A6(b)(1)(k), regarding metal siding due to the type of metal panels proposed and location on the building. • The Board affirms the proposed site landscaping. BOARD DECISION: The Board voted 5 to 0(Duperault and Koci absent)to recommend approval of DR-02-20 for a design review application for an office building within Eagle River Development for PetIQ, LLC,with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated February 27,2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on March 10, 2020, at which time the Council made their decision. B. Oral testimony in favor of the application was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the City Council by no one. COUNCIL DECISION: The Council voted 3 to 0(Baun absent)to approve DR-02-20 for a design review application for an office building in Eagle River Development for PetIQ,LLC,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU-04-19, RZ-02-98,and the executed development agreement(Instrument#100011692)for Eagle River Development. 2. 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. 3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 4. 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. 5. The applicant shall be required to comply with any applicable conditions placed on this application by Page 9 of 14 KVlanning DeptTagle Applications\Dr\2020\DR-02-20 PetIQ office bldg ERD ccf.docx the City Engineer. 6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 7. No ground mounted mechanical units are proposed with this application and none are approved. 8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 9. No signs are proposed with this application and none are approved. 10. Provide a floorplan showing the fourth floor of the building(rooftop patio). The floor plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 11. Provide elevations for the rooftop trellis identifying the materials and colors proposed. The trellis elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 12. Provide revised building elevations identifying all materials and colors. Provide material samples of the metal panels showing profile,wood soffit samples,and any other samples not provided at the Design Review Board meeting. The revised building elevations and material samples shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building Page 10 of 14 KAPlanning DeptTagle Applications\DA2020\DR-02.20 PetIQ office bldg ERD ccf dock permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association,or other irrigation entity, shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested 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 Page 11 of 14 KAPlanning DeptTagle Applications\Dr\2020\DRA2-20 PetIQ office bldg ERD ccEdocx items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 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 Page 12 of 14 KAPlanning DeptTagle Applications\Dr\2020\DR-02-20 PMIQ office bldg ERD ccf.docx 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 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-02-20) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and an office building is permitted with the approval of a design review application within the C-3-DA(Highway Business District with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed office building is designed with materials and colors consistent with the Eagle River Development design guidelines; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district;since the site has parking on-site to meet the required parking for an office building; 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 office building has been designed with quality materials that are consistent with the Eagle River Development design guidelines; 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 complies with the Eagle River Development design guidelines and has been designed to complement the 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 office building is in conformance with the required setbacks and building height approved with a conditional use permit; Page 13 of 14 KAPlanning DeptTagle ApplicationsDr\20200R-02-20 PetIQ office bldg ERD cc£dcex 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 walkways for both walkability within the site and access to existing buildings within the development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since there is an existing pathway along State Highway 44 and sidewalk along East Riverside Drive; and I. No signs are proposed with this application. A separate design review application(DR-09-20) has been submitted for the building wall signs and monument sign and all signs will be required to be harmonious with the architectural design of the building and will not cover nor detract from desirable architectural features. DATED this 10th day of March 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idahoc o 1." tIQIi .® off. �'�A�'L� Jason Pierce, Mayor - •• v � w s \• n. ATTEST: s ••••••�A\ °-11a121oa1`° K , d, Sharon K. Bergmann, Eagle City erk Page 14 of 14 K\Planning Dept\Eagle Applications\Dr\2020\DR-02-20 PetIQ office bldg ERD ccf docx