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Findings - DR - 2020 - DR-69-19 - Mod Rooftop Patio For Multi-Tenant Office Bldg In Lakemoor Sub No 8 BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A ROOFTOP ) PATIO FOR A MULTI-TENANT OFFICE ) (BUSINESS AND PROFESSIONAL,MEDICAL ) AND DENTAL)AND PERSONAL SERVICES ) BUILDING FOR C&O DEVELOPMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-69-19 MOD The above-entitled design review application came before the Eagle Design Review Board for their action on June 11,2020. 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: C&O Development, represented by Rory Heggie with CSHQA, is requesting design review approval to construct an 1,100-squre foot rooftop patio for a 49,968-square foot multi-tenant office(business and professional, medical and dental) and personal services building (1st Floor = 16,609-square feet, 2' Floor= 16,858-square feet,and 3'Floor= 16,501-square feet).The 3.8-acre site is located on the east side of North Eagle Road approximately 290-feet south of East Eagles Gate Drive within the proposed Lakemoor Subdivision No. 8. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 23, 2020. A revised roof plan and building elevations were received on May 18,2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 1,2020,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 22,2003,the City Council approved a Comprehensive Plan Amendment(CPA-4-02)to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two(up to two dwelling units per acre)to Mixed Use,an annexation and rezone(A-3-02&RZ-5-02)from RUT(Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre)to MU-DA(Mixed Use with Development Agreement) for this site for B.W. Eagle,Inc. On June 19,2007,the City Council approved a modification to the development agreement for DMB Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original development agreement(recorded as Instrument No. 105048971)(RZ-05-02 MOD). On August 9, 2016, the City Council approved a rezone with development agreement, development agreement modification, (development agreement in lieu of a PUD), and a preliminary plat modification for a 409-lot(existing platted 223 residential, 14 commercial, and 21 common [7 private road];proposed 117 residential lots[32 attached], 16 commercial lots, 18 common lots[3 private street lots and 1 utility lot])for DMB Investments/B.W. Eagle,Inc. (RZ-03-16/RZ-05-02 MOD4 and PP-03- Page 1 of 13 K:\Planning DeptlEagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi-tenant Mee Bldg in Lakemoor Sub No 8 drfdocx 05 MOD2). On January 22,2019,the City Council approved the final plat for Lakemoor Subdivision No. 8 for DA Land,Inc. (FP-02-19). On January 22,2019,the City approved a design review application for the common area landscaping within Lakemoor Subdivision No. 8(DR-56-18). On January 14, 2020,the City Council approved a design review application for a multi-tenant office (business and professional, medical and dental), clinic, and personal services building for C&O Development within Lakemoor Subdivision No. 8(DR-69-19). For additional property history see: RZ-05-02, PP-03-05, PP-03-05 MOD, RZ-05-02 MOD2, FP-08- 15, RZ-05-02 MOD3, FP-02-16, RZ-05-02 MODS, FP-03-17, and FP-11-17. E. COMPANION APPLICATIONS:None. F. LAND USE DESIGNATION: Office (business and professional, medical and dental) and personal services. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use and MU-DA(Mixed Use with a Multi-tenant office(business Scenic Corridor development agreement in and professional,medical and lieu of a PUD) dental),clinic,and personal services building Proposed No Change No change No change North of site Mixed Use and MU-DA(Mixed Use with a Vacant land(Lakemoor Scenic Corridor development agreement in Subdivision No. 8)and East lieu of a PUD) Eagles Gate Drive) South of site Mixed Use and R-1 (Residential) Vacant land and single-family Scenic Corridor residential East of site Mixed Use and MU-DA(Mixed Use with a Single-family residential Scenic Corridor development agreement in (Lakemoor Subdivision No. 8) lieu of a PUD) West of site Neighborhood R-2-P and R-1-P(Residential North Eagle Road,Banbury Residential,Large Planned Unit Development) Golf Course,and single-family Lot Residential and residential(Banbury Meadows Scenic Corridor Subdivision No. 2 and Banbury Subdivision No. 1) H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA. I. URBAN RENEWAL DISTRICT:No. Page 2 of 13 K:\Planning DcptlEagle Applications\Dr120I9\DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drfdocx J. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, sidewalk, and a proposed 8-foot wide landscape strip with retaining wall along South Stone Way as part of street improvements for Lakemoor Subdivision No. 8. K. SITE DATA:No change. SITE DATA PROPOSED REQUIRED Total Acreage of Site 3.80-acres(166,826-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 10%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 24%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 241-parking spaces Dependent on square footage per use(minimum) Front Setback(West) 82-feet 20-feet(minimum) Rear Setback(East) 210-feet 20-feet(minimum) Street Side Setback(North) 94-feet 20-feet(minimum) Side Setback(South) 62-feet 7.5-feet(minimum) L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings:No change. The applicant is proposing to construct one(1)rooftop patio for the previously approved multi-tenant building with DR-69-19,to be utilized for office(business and professional,medical and dental),and personal services. Height and Number of Stories of Proposed Buildings:Rooftop Patio: 8-feet(from the roof floor to the top of the lower mechanical parapet wall). Previously approved Multi-tenant Building with DR-69-19: 42-feet,three-story. (48-feet to the top of the lower mechanical parapet wall and 54-feet to the top of the higher mechanical parapet wall). Gross Floor Area of Proposed Buildings: 1,100-square feet added to the original 49,968-square feet. Originally approved Proposed change Office Building= First Floor- 16,609-SF First Floor- 16,609-SF Second Floor- 16,858-SF Second Floor- 16,858-SF Third Floor- 16,501-SF Third Floor- 16,501-SF Total- 49,968-SF Rooftop Patio- 1,100-SF Total- 51,068-SF On and Off-Site Circulation:No change. An 86,678-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 24-foot wide driveway is located at the north property line and provides shared drive aisle access to East Eagles Gate Drive.One 30-foot wide driveway is located on the proposed east property line and provides access to South Stone Way. Page 3 of 13 K:\Ptanning Dcpt\Eaglc Applications\Dr\2019\DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drfdocx M. BUILDING DESIGN FEATURES: ROOFTOP PATIO: Walls: "Wood"Aluminum metal panel Longboard siding(Light Cherry),corrugated metal mechanical parapet(Dark Gray),stucco(Brown—Umber SW6146) Fascia/Trim/Trellis/Railing: Metal(black anodized) BUILDING:No change. Roof:TPO(White) Walls: "Wood" Aluminum Longboard siding (Light Cherry), Metal panels (anodized Dark Bronze), corrugated metal mechanical parapet(Dark Gray), stone siding(York Limestone) Windows/Doors: Clear glass,metal doors and mullions(black anodized) Fascia/Trim: Metal(black anodized),wood(SW 9099 Saddle Up) N. LANDSCAPING DESIGN:No change. Retention of Existing Trees and Preservation Methods:None. Tree Replacement Calculations:N/A. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along South Stone Way and were approved with DR-56-18 within Lakemoor Subdivision No. 8. 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, 11% is proposed. O. TRASH ENCLOSURES:No change. One(1)216-square foot trash enclosure is proposed to be located southeast of the building.The enclosure is constructed of CMU with stucco and metal gates;all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS:No change. 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 LIGHTING: A building elevation showing location,style,and wattage of all rooftop patio lighting has been provided. Detailed lighting cutsheets have been provided which comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE:No change. No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from the Eagle Fire Department has been received by the City.A water Page 4 of 13 K:1Planning Dept\Eagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakcmoor Sub No 8 drf docx service approval has not been received to date.The site is located within the Eagle Fire Protection District,the Suez Water Service Area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees—no Riparian Vegetation—yes,adjacent to Kids Creek running adjacent to the southern portion of the site. Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required. X. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Idaho Transportation Department Marathon Petroleum(fka Andeavor&Tesoro Logistics NW Pipeline) Y. LETTERS FROM THE PUBLIC:None received to date. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING 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 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. Page 5 of 13 K:\Planning Dept\Eagle Applicatioos\Dr120191DR-6949 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 Area E, depicted on Exhibit A2, may be developed similar to the commercial uses proposed to be developed by Owner within Area D(except as limited in Section 3.09 below). If Owner does so develop Area E, buildings up to a maximum 50,000-square feet each are permitted for this Area E and multiple buildings are permitted to be located on the same lot,provided however,that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. The maximum height of commercial buildings shall be 50-feet;non-habitable architectural elements shall be a maximum height of 60-feet.If Area E does not become an expansion of the commercial uses proposed to be developed within Area D,Area E shall be developed as provided in Section 3.5 below. 3.5 If Area E of the property, as depicted on Exhibit A2, does not become an expansion of the commercial uses proposed to be developed within Area D as provided in Section 3.4 above,Area E is to be developed by Owner with a combination of any office and retail uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"under the MU zoning designation(except as limited in Section 3.09 below), a copy of which is attached as Exhibit C. Buildings up to a maximum 50,000-square feet each are permitted for this area.This square foot limitation does not apply to Fitness/Indoor Recreation Facilities,Education Facilities,and Hotels. The maximum height of Hotels and Office Buildings shall be 50-feet;non-habitable architectural elements shall be a maximum height of 60 feet.Multiple buildings are permitted to be located on the same lot,provided however,that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1:GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits,and any land annexed into the city after the date of adoption hereof. Such development includes,but is not limited to, new commercial, industrial, institutional,office,multi-family residential projects,signs,common areas,subdivision signage, proposed conversions,proposed changes in land use and/or building use,exterior remodeling or repainting with a color different than what is existing,exterior restoration,and enlargement or expansion of existing buildings, signs or sites,and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • 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 B 1 k 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. Page 6 of 13 K:\Planning Dept\Eagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be prohibited in the DDA,TDA, CEDA design review overlay district areas. D. DISCUSSION: • The applicant is requesting design review approval to construct an 1,100-square foot rooftop patio atop the previously approved three-story, multi-tenant office (business and professional, medical and dental) and personal services building within DR-69-19. The applicant's justification letter states that the rooftop patio elements and features are held below the fifty foot (50') height limitations of the Lakemoor Subdivision development agreement. The rooftop patio space will provide ingress through the elevator and egress through both stair towers shown on the roof plan (Sheet DI),south and northwest of the proposed rooftop patio.The rooftop patio elevations(Sheet D3.1), identify rooftop pavers,a metal trellis and railing(black anodized),"wood"aluminum metal panel longboard siding (Light Cherry), and metal ribbed siding for mechanical screening (Dark Gray), all materials are a continuation of the of the overall building design that consists of a combination of glass,metal,wood,and stone. Staff defers comment regarding the roof top patio to the Design Review Board. 3j I i - t - 1 i tt 1••1104,��1ti�-, - c -e - -.. -- } J , ' , - Pais / 1F't +' i 1 n;.. tt-,M f - 1 I i I qtna-... .,.'._.-• 1 .''''' —34'; ------:- ilii-:, —- = - �- - - c ' itz.m1 re- to j .--- i -1 01 '" j: r-1— F I- i Page 7 of 13 K.\Planning Dept\Eagle Applications\Dr120191DR•69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx -- — — — — - -- -----— ® Q © .�-.—NE7�L TREJJS _ I NETAL I11,000 LOO1a SONG • • F'�C' - - - - - risuLo L c"ER 5 STEN ,�.,Tr" -- - — - - - - _ HSLR=T,Dn O.ER Roof 0lCn RIBBED SONG FOR NECK XREEN*IG • LOVNGE SEATOIG 2 ROOF PATIO- NORTH LJ I METAL TRELLIS TO -O REEKING — — B, —METAL(WOOD LOOK)SIDtlG METAL RAILING b —LOUNGE SEATING PEDESTAL PA';ER Sr STEM 7 OFQOF NSULATIOtI O',ER ROOF DECK 142'-0 1 ROOF PATIO - EAST ROOF PATIO r.<1 I_• -NETAL I000D LOOK)SONG 1© I:m :. i - - �PEOESTct D.:ER5I STEM T O ROOF • ��' —_— -� -- InSWATtp10':ER ROCF DECK u7.0 ROOF PATIO-WEST 3 STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends the application be approved with the site specific conditions of approval and the standard conditions of approval provided below. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 11, 2020, 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. Page 8 of 13 K'.\Planning Dept\Eagle Applications 1Dr120I91DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx 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 01:15) • The Board moved the application to the consent agenda based on the staff recommendation and the applicant was in agreement with the recommended conditions of approval. BOARD DECISION: The Board voted 5 to 0(Duperault recused,Baer absent)to recommend approval of DR-69-19 MOD for a design review application to construct an 1,100-square foot rooftop patio for a 49,968-square foot multi- tenant office (business and professional, medical and dental) and personal services building (1st Floor = 16,609-square feet, 2'Floor= 16,858-square feet, and 3rd Floor= 16,501-square feet) within Lakemoor Subdivision No. 8 for C&0 Development,with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-05-02,PP-03-05,FP-02-19,DR-56-18,DR-69-19,and any subsequent modifications. 2. All rooftop patio lighting shall be screened from view and shall comply with Eagle City Code 8-4-4-2. 3. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 4. No ground mounted mechanical units are proposed with this application and none are approved. 5. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 6. Paint all electrical meters, phone boxes,etc. located on the building to match the color of the building. 7. No signs are proposed with this application and none are approved_ 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 Page 9 of 13 K:1Planning Dept\Eagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx 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,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 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, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. Whether located inside or outside of the public 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 Page 10 of 13 K:\Planning Dept\Eaglc Applications1Dr120191DR-69•19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx 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 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 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 Commission and/or 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/or 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 Page 11 of 13 K:1PIanning Dept\Eagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakernoor Sub No 8 drtAocx 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 the City Council 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 Board reviewed the particular facts and circumstances of this proposed design review application (DR-69-19 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 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 rooftop patio for a previously approved multi-tenant office(business and professional, medical and dental)and personal services 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 rooftop patio continues the design with materials and colors of the previously approved multi-tenant building associated with a modem view of the"Prairie School"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 rooftop patio does not require any additional parking and the site has on-site parking within the Lakemoor Subdivision and meets the required parking for the proposed use; Page 12 of 13 K:1Planning Dept\Eagle Applications1Dr120191DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf.docx 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 rooftop patio has been designed with quality materials that are continued from the previously approved multi-tenant building, and will harmonize with the proposed retail/restaurant/office buildings within the vicinity; E. Will have 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 retaiVrestaurant/office 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 and rooftop patio are in conformance with the required setbacks and height regulations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks and pathways that provide pedestrian connectivity within the site and access to the other pad sites within other phases of Lakemoor 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 since there is a sidewalk that connects to other pad sites along North Eagle Road within Lakemoor Subdivision; and I. No signs are proposed with this application. All signs, if approved, will be required to be harmonious with the architectural design of the building and will not cover or detract from the desirable architectural features. DATED this 25f'day of June 2020. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho GITYpF Craig Brat1 it a .••'•••••'•.� :: �� 'yam �Tl ATTEST: in �•: `rv' r 37/1\0....:•i 'COO\F--40, '4 FIDAHO 4.9.11Sharon K. ergmann, Eagle City Clerk """",,,, Page 13 of 13 K:\Planning Dept\Eagle Applications\Dr\2019\DR-69-19 MOD Rooftop Patio for Multi-tenant Office Bldg in Lakemoor Sub No 8 drf docx •i Re•R` • s • 9 �. • obi