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Findings - CC - 2021 - DR-33-20 - Multi-Tenant Office Bldg BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI-TENANT ) OFFICE (BUSINESS AND PROFESSIONAL) ) BUILDING FOR EAGLE RIVER,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-33-20 The above-entitled design review application came before the Eagle City Council for their action on February 9, 2021. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle River, LLC, represented by Tom Bobo, is requesting design review approval to construct a 23,400-square foot two-story multi-tenant office building(1st Floor= 12,000-square feet and 2'd Floor = 11,400-square feet). The 1.48-acre site is located on the north side of East Riverside Drive approximately 865-feet east of South Palmetto Avenue within the Eagle River Development at 1100 East Riverside Drive(Mixed Use Subdivision No.4 Lot 08,Block 03). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 14, 2020. Supplemental information (revised elevation plans)was received on December 22,2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on May 21,2020,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a comprehensive plan amendment from public/semi-public to commercial and from medium density residential to commercial, mixed use, public/semi-public & a rezone from A (agriculture) and M-1A (Industrial Park District) to PS-DA (Public/Semi-Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA (Mixed Use)with a development agreement(including a concept plan)for Eagle River,LLC(CPA-01- 98&RZ-02-98). On April 10, 2001,the Eagle City Council approved a design review application for the common area landscaping within Eagle River Subdivision for Eagle River,LLC(DR-70-00). On April 24,2001,the Eagle City Council approved a preliminary plat for Eagle River Subdivision for Eagle River,LLC (PP-14-00), On May 8, 2001, the Eagle City Council approved a final plat for Eagle River Subdivision for Eagle River, LLC(FP-13-01). On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat for Mixed Use Subdivision No. 4 for Eagle River, LLC(PP/FP-01-01). On July 9,2002,the Eagle City Council approved a combined preliminary and final plat for Mixed Use Subdivision No.4 for Eagle River,LLC (PP/FP-03-02). Page 1 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx On July 23,2002,the Eagle City Council approved a design review application for the master sign plan for Eagle River Development(DR-15-02). On January 14, 2003, the Eagle City Council approved a combined preliminary and final plat Mixed Use Subdivision No. 4 for Eagle River, LLC(PP/FP-04-02). On February 12, 2003, the final plat for Mixed Use Subdivision No. 4 was recorded (Ada County instrument No. 103023510. On March 8, 2005, a lot line adjustment was approved for Mixed Use Subdivision No. 4 for Eagle River,LLC(LLA-03-05). On August 15,2016,the City approved a design review application to modify the master sign plan for Eagle River Development(DR-15-02 MOD2). On January 9, 2017 the City approved a design review application to modify the master sign plan for Eagle River Development(DR-15-02 MOD3). On December 17,2020,the Eagle City Council approved a conditional use permit for a building height exception to 39' 6" and a waiver pursuant to Idaho Code §67-6512(f) for a parking reduction of five (5)parking spaces(CU-06-20). E. COMPANION APPLICATIONS: DR-34-20(Master Sign Plan). 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 Vacant land(Mixed Use Corridor a development agreement Subdivision No. 4) in lieu of a PUD) Proposed No Change No change Multi-tenant office(business and professional)building North of site Downtown and MU-DA(Mixed Use with Landscape buffer along the Scenic Corridor a development agreement south side of State Highway in lieu of a PUD) 44 South of site Mixed Use and Scenic MU-DA(Mixed Use with East Riverside Drive,vacant Corridor a development agreement land(Lonesome Dove in lieu of a PUD) Subdivision),vacant land (unplatted) East of site Mixed Use and Scenic MU-DA(Mixed Use with Landscaping(Mixed Use Corridor a development agreement Subdivision No. 5) in lieu of a PUD) West of site Mixed Use and Scenic MU-DA(Mixed Use with Office building(medical and Corridor a development agreement) dental) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA. H. URBAN RENEWAL DISTRICT:No. Page 2 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx I. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, detached sidewalk, an 8-foot wide landscape strip with street trees along East Riverside Drive as part of street improvements along the southern border of the property. There is an existing landscape berm with extensive landscaping along State Highway 44. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.48-acres(64,599-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 20%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 30%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 81-parking spaces * 86-parking spaces(minimum) Front Setback(South) 25-feet to building 20-feet(minimum)-building 9-feet to trellis 9-feet(minimum)-trellis Rear Setback(North) 25-feet 20-feet(minimum) Side Setback(East) 250-feet 7.5-feet(minimum) Side Setback(West) 103-feet 7.5-feet(minimum) *Note:Parking reduction of 5-parking spaces approved within conditional use permit(CU-06-20). K. PARKING ANALYSIS: Gross Floor Area of multi-tenant office(business and professional)building: 23,400-square feet Leasable Floor Area of multi-tenant office(business and professional)building: 21,566-square feet Proposed Parking Spaces: 81 (including 18 compact parking spaces) Required Parking Spaces(estimated per use requirements in Eagle City Code): 86, for 21,556-square feet using 1 parking space per 250-square feet for offices (business and professional) Eagle River Development has a recorded (Instrument #10544861) cross access and cross parking agreement in place. The declaration includes Lots 5, 6, 7, and 8, Block 3 of Mixed Use Subdivision No.4 and Lots 10 and 11,Block 3 of Mixed Use Subdivision No. 5 located along the north side of East Riverside Drive between the eastern boundary of the proposed site to the east side of South Palmetto Avenue. The applicant is proposing 81-parking spaces.The applicant is short 5-parking spaces. A conditional use permit(CU-06-20)was approved on December 17, 2020, for a parking reduction of 5-park spaces. L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) two-story multi-tenant building to be utilized as an office(business and professional)building. Page 3 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf.docx Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 39' 6"high two-story structure. A conditional use permit (CU-06-20) was approved on December 17, 2020, for a building height exception to 39' 6". Gross Floor Area of Proposed Buildings: First Floor Lobbies = 908-square feet Second Floor Corridor = 656-square feet Second Floor Mezzanine = 280-square feet Leasable Space =21,556-square feet Total =23,400-square feet Gross Floor Area of Proposed Buildings: 23,400-square feet On and Off-Site Circulation: A 10,798-square foot(approximately)paved parking area proposed on the east side of the building and a 14,548-square foot(approximately)paved parking area proposed on the west of the building provide parking for vehicles using this site. One existing 25-foot wide shared driveway is located on the property to the west of the site and provides access to East Riverside Drive and to the parking area located on the west side of the building. One 26-foot wide driveway is proposed to be located approximately 97-feet west of the eastern property line and provides access to East Riverside Drive and to the parking area located on the east side of the building. The proposed site,as well as the lots within Mixed Use Subdivision No. 4 and Mixed Use Subdivision No. 5 located along the north side of East Riverside Drive to South Palmetto Avenue,have an existing cross access and cross parking agreement in place. M. BUILDING DESIGN FEATURES: Roof: TPO membrane roof system(White/Gray) Walls: Stone veneer(Sandstone), Brick(Mocha), EIFS/Stucco(Light Tan) Windows/Doors: Aluminum Storefront(Dark Bronze) Fascia/Trim: ACM Panel(Dark Bronze) Pergola: Steel(Dark Bronze) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The existing street trees along East Riverside Drive will be protected and retained with the exception of one street tree that will require removal to accommodate construction of the driveway into the parking area proposed on the east side of the building. Below is a list identifying the tree to be removed by species, size, condition and required replacement inches as identified on the landscape plan, date stamped by the City on May 14,2020. # Common Name Caliper Condition Status Replacement Inches Inches Per ECC 1 Red Oak 8" Good Remove 8-inch caliper Tree Replacement Calculations: The applicant did not identify how they were proposing to mitigate for the eight caliper inches. The site has thirty percent(30%)landscaping proposed(which is in excess of 10%required per code)including multiple trees adjacent to the building,therefore, the tree mitigation requirement has been met. Page 4 of 15 K\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccfdocx Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing 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, 11% is proposed. O. TRASH ENCLOSURES: One (1) 120-square foot trash enclosure is proposed to be located in the southeast corner of the site. The enclosure is proposed to be constructed of CMU walls with Sandstone stucco and metal gates; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be located within the roof mechanical wells and will be fully screened by the parapet walls.No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A photometric site and parking lot plan showing location and a fixture schedule showing model,height, and wattage of all site and building lighting has been provided. Detailed lighting cut sheets have been provided that comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application.A separate design review application(DR-34-20)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. The site is located within the Eagle Water company 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—yes, is located within the 100-year floodplain Mature Trees—yes—within the landscape buffer on the north side of the site along State Highway 44 and street trees along East Riverside Drive on the south side of the site Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Page 5 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf.docx 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. Ada County Highway District Eagle Fire Department Y. LETTERS FROM THE PUBLIC: None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a. The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions, if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator, Design Review Board,or City Council,whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site; 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; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City,and where possible, enhance the continuity of thematically common architectural features; 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; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting 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; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. Page 6 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx IN SUPPORT OF ITS DECISION, THE CITY COUNCIL 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. 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. DECLARATION OF COVENANTS, CONDITIONS AND EASEMENTS OF WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.1.1 Access Easements. Nonexclusive easements on, over, across and through those portions of the Common Maintenance Area which are improved from time to time for pedestrian and vehicular ingress and egress between each Lot and between each Lot and the public and/or private streets abutting the Section Property, as generally depicted on the Site Plan(the "Access Easements"). The ingress and egress lane(s) shown on the Site Plan are temporary and, subject to the Declarant's approval rights contained in the Master Declaration, may be relocated upon the completion of the Common Maintenance Area Improvements. The Access Easements may also be used by emergency services personnel. The ingress and egress lane(s) shown on the Site Plan are preliminary and, subject to the Declarant's approval rights contained in the Master Declaration,may be relocated upon the completion of the Common Maintenance Area Improvements located on each individual Lot or from time to time by the Owner of such Common Maintenance Area Improvements. 2.1.2 Cross Parking Easements. Nonexclusive easements on, over, across and through those portions of the Common Maintenance Area which are improved from time to time for vehicular parking and for access to and use of vehicular parking spaces,as generally depicted on the Site Plan(the "Cross Parking Easements"); provided, however all employees of an Owner of Occupant of Section Property shall exclusively park within the Lot of such Owner or Occupant.The vehicular parking spaces shown on the Site Plan are temporary and subject to the Declarant's approval rights contained in the Master Declaration,may be relocated upon the completion of the Common Maintenance Area Improvements located on each individual Lot or from time to time by the owner of such Common Maintenance Area Improvements. Notwithstanding anything to the contrary, each Owner may designate for its exclusive use up to thirty percent(30%)of the total number of parking spaces located within such Owner's Lot. Upon the request of any Owner or Occupant,the Master Association may enforce any exclusive parking areas designated pursuant to this Section. Such exclusive parking spaces shall be those located nearest to the entrance of such Owner's building and shall be designated by a sign approve pursuant to the architectural Page 7 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx approval process contained within the Master Declaration. C. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS 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). D. CONDITIONAL USE PROVISION WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSCAL: 1. The applicant shall comply with the all applicable conditions of RZ-02-98 and the executed development agreement(Instrument#100011692)for Eagle River Development. 3. The maximum height of the building shall not exceed 39' 6". 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. The Owner shall comply with all conditions required by the Design Review Board and City Council prior to the issuance of a zoning certificate. 6. The waiver request pursuant to Idaho Code §67-6512(f)is approved for a parking reduction of five (5)parking spaces. E. 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-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. Page 8 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx 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. F. DISCUSSION: • The applicant is requesting design review approval to construct a 23,400-square foot two-story, multi-tenant office (business and professional) building. The applicant's justification letter states that the building style of architecture has been reviewed and approved by the Eagle River Architectural Control Committee (ACC) and will complement the office buildings in the surrounding area. The building is proposed to be constructed predominately of brick with stone veneer and stucco accents as illustrated on the exterior elevations received by the City on May 14, 2020. Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the following site specific conditions of approval and 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 January 14, 2021, 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). Page 9 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccfdocx BOARD DELIBERATION: (Granicus time 30:38) Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed building elevations as presented. • The Board is in favor of the trellis as proposed since it provides architectural interest to the building and provides pedestrian scale to how the building addresses the street. BOARD DECISION: The Board voted 6 to 0(Duperault recused)to recommend approval of DR-33-20 for a design review application for a multi-tenant office(business and professional)building for Eagle River,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 January 14,2021. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on February 9, 2021,at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 3 to 0 to approve DR-33-20 for a design review application for a multi-tenant office (business and professional)building for Eagle River,LLC,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council and text shown with strikethrough to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of CU-06-20. 2. The trellis,as shown on the site and landscape plans and the elevation plans dated May 14,2020,and December 22,2020, (respectively)to be located 9-feet north of the south property line, is approved. > , 3. 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. 4. All existing landscaping shall be protected and retained during construction. 5. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. Page 10 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. No ground mounted mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. 12. Provide revised roof and elevation plans showing the location of the roof top mechanical units in relation to the fire access openings in the parapet screen wall. The roof top mechanical units shall be placed so they are not visible pursuant to Eagle City Code Section 8-2A-6(B)(5)(b). The revised roof and elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 13. Provide revised site and elevation plans showing the dimensions of the trash enclosure meet the requirements of the service provider. The revised site and elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 14. Provide revised building elevations and details showing the materials and colors of the coping,patio surface,and patio seat wall. The revised building elevations and details shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 15. Provide detailed elevations of the proposed trellis showing the materials and colors used in the construction of the trellis. The detailed elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide detailed cutsheets of the proposed decorative light fixtures to be used on the building. The detailed cutsheets 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 revised building elevations showing building relief between building material changes. 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. 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 Page 11 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx 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) 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 Page 12 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccfdocx 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 orpathwayarea alongthe 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. Page 13 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccfdocx 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 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-33-20) 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 a multi-tenant office(business and professional)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 building is designed to comply with the Eagle River Development design standards and the conditional use permit. The trellis provides building relief and a pedestrian scale to the front of the building facing East Riverside Drive, is architecturally compatible with the building and will complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent Page 14 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccf docx uses as anticipated within the zoning district since the site has been designed in conformance with the required parking as allowed within the conditional use permit; 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 is designed to meet the Eagle River Development design standards and the; 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 office building is in conformance with the Eagle River Development design standards and has been designed to complement the building 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 height restriction as allowed within the conditional use permit; 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 and parking areas on the east and west sides of the building; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area since the walkways provide connection to the other buildings within the development; and I. No signs are proposed with this application.A separate design review application(DR-34-20)has been submitted for a master sign plan and requires the building wall signs and monument sign to be harmonious with the architectural design of the building and monument signs as required within the master sign plan for Eagle River Development, and will not cover nor detract from desirable architectural features. DATED this 23rd day of February 2021. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho N ,c.,......).----„, Jason 'ierce,Mayor ATT. ST: ,,,����auui�,����, 4 y l � C..,�.tpQ`eORq�F• ,: Tracy E. o , Eagle City€lerll v ..+ ; * c do• • • SEAL'•o •,d' ••....• OP • '••4PE OF�,,,,• Page 15 of 15 K:\Planning Dept\Eagle Applications\Dr\2020\DR-33-20 Multi-tenant Office Bldg ERD ccfdocx . 1, r.J *s, *sue 7 ✓ Y r ;: 0 "i Ya t • we�r xi"'0 t"