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Findings - DR - 2016 - DR-66-15 - Construct A 65,085 Sq' Multi-Tenant Office BuildingBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A ) MULTI- TENANT OFFICE BUILDING ) FOR HAWKINS COMPANIES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -66 -15 The above - entitled design review application came before the Eagle Design Review Board for their action on January 28, 2016. 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: Hawkins Companies, represented by Brandon Whallon, is requesting design review approval to construct a 65,085- square foot multi -tenant office building (1st, 2nd, and 3rd Floor Square Footage — 21,695 /each). The 4.26 -acre site is located within the commercial portion of Lakemoor Subdivision, on the west side of East Colchester Drive approximately 160 -feet south of East Lakebrook Lane. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 28, 2015. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 4, 2016, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A -91/ R2-91/ PP -91) for Fall Creek Subdivision. On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A -91/ R2 -91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since lapsed. 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 m-u-DA (Mixed Use with Development Agreement) for this site for B.W. Eagle, Inc. On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -acre, 240 -lot (142- residential, 53- commercial, 45- common) subdivision (PP- 03 -05). On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and Lakemoor Subdivision No. 2 for DMB Investments, Inc., (FP- 13- 05/FP- 14 -05). On June 19, 2007, the City Council approved a modification to the development agreement for Page 1 of 12 K Tlanning Dept\Eagle Applicationa1Dr120I51DR -66 -15 Multi -ten office bldg in Lakemoor drf doc 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 December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC (FP- 04 -06). On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until December 8, 2011 (EXT- 21 -09). On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until December 8, 2012 (EXT- 08 -11). On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB Investments, LLC (FP- 04 -13). On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB Investments, LLC (FP- 07 -13). On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB Investments, LLC (FP- 08 -15). E. COMPANION APPLICATIONS: DR -67 -15 (design review sign application) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 2 of 12 KAPI —ing Dept\Eagle Applications\Dr\2015\DR -66 -15 Multi -ten office bldg in Lakemoor drf.doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU -DA (mixed use with Vacant land development agreement Proposed No Change No Change Multi -tenant Office Building North of site Mixed Use MU -DA (mixed use with Vacant land development agreement South of site Mixed Use MU -DA (mixed use with Vacant land development agreement East of site Mixed Use MU -DA (mixed use with Colchester development agreement Drive/Lakemoor Subdivision No. 5 West of site Mixed Use MU -DA (mixed use with Vacant land development agreement G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. Page 2 of 12 KAPI —ing Dept\Eagle Applications\Dr\2015\DR -66 -15 Multi -ten office bldg in Lakemoor drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 4,26 -acres (185,566- square feet) 0.11 -acres (5,000- square feet) Percentage of Site Devoted to Building Coverage 12% (approximately) 50% (maximum) Percentage of Site Devoted to Landscaping 40% (approximately) 10% (minimum) Number of Parking Spaces 263 - parking spaces 260 - parking spaces (minimum) Front Setback 300 -feet (south) 20 -feet Rear Setback 25 -feet (north) 20 -feet Side Setback 157 -feet (west) 7.5 -feet Side Setback 28 -feet (east) 7.5 -feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a multi -tenant office building. Height and Number of Stories of Proposed Buildings: 59' 5 "; three (3) stories. Gross Floor Area of Proposed Buildings: First Floor = 21,695- square feet Second Floor = 21,695- square feet Third Floor = 21,695 - square feet Total = 65,085- square feet On and Off -Site Circulation: A 90,300 - square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30 -foot wide driveway is proposed to be located on the west side of this site approximately 280 -feet south of East Lakebrook Lane providing access to East Colchester Drive. One 44 -foot wide driveway is proposed to be located 560 -feet north of the site providing access to East Colchester Drive in alignment with South Three Bridges Way. K. BUILDING DESIGN FEATURES: Roof. Standing Seam Metal Roof (Dark Bronze) Walls: CMU Veneer (White Limestone, Majave Brown), Stucco (Functional Gray, Backdrop) Windows/Doors: Aluminum storefront windows and doors (Dark Bronze /Atlantic Green) Fascia/Trim: Galvanized Steel Coping (Dark Bronze), Precast Concrete Sill L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Page 3 of 12 KAPlanning Dept\Fagle Applications\Dr\2015\DR -66 -15 Multi-ten office bldg in Lakemoor drf.doc Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The street trees on the west side of East Colchester Drive were installed by the developer of Lakemoor Subdivision. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Landscaping has been provided around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 16% is proposed. M. TRASH ENCLOSURES: One 140- square foot trash enclosure is proposed to be located along the east side of the site approximately 90 -feet south of the driveway on East Colchester Drive. The enclosure is proposed to be constructed of CMU block with a stucco finish and metal gates; all painted to match the colors of the building. N. MECHANICAL UNITS: The applicant is proposing to use roof top mechanical units. The roof top mechanical units are proposed to be screened by the mansard roof. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have 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. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Page 4 of 12 KAPlanning Dept\Eagle Applic tions\Dr\2015\DR -66 -15 Multi -ten office bldg in Lskemoor drF.doc Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Central District Health Department of Environmental Quality Eagle Fire Department Idaho Transportation Department Tesoro Logistics NW Pipeline W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map currently designates this site as: Mixed Use. Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within the Central Business District (CBD). Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. 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. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 The Mixed Use Commercial Area D of the Property, as depicted on Exhibits A2 and A3, is proposed to be developed by Owner with a combination of any commercial and residential 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 in Area D. The maximum height of commercial buildings shall be 50 feet; non - habitable architectural elements Page 5 of 12 KAPlanning Dept\Eagle Applic tions\Dr\201 SNDR -66 -15 Multi -ten office bldg in Lakemoor drfdoc shall be a maximum height of 60 feet. The setback from East Eagles Gate Road shall be a minimum of 10 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. 3.11 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping and amenities. (b) A requirement insuring compliance with the Site Development, Architectural and Landscaping Design Guidelines attached as Exhibit E or Design Guidelines Commercial attached as Exhibit F, as applicable, approved with this Development Agreement. 3.12 All development within Areas A through C and F through I, as depicted on Exhibit A2, shall be consistent with the Site Development, Architectural, and Landscaping Design Guidelines ( "Design Guidelines ") attached hereto as Exhibit E and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. All development within Areas D through E, as depicted on Exhibit A2, shall be consistent with the Design Guidelines Commercial attached hereto as Exhibit F and generally consistent with the Concept Plan attached hereto as Exhibits Al and A2. The Concept Plan attached hereto indicates the general nature and relative location of certain elements for the Property. The intent of this Development Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Concept Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (the round - abouts, center islands, and street trees) shall be required design elements as part of the final design for the site and the open space for Area D and Area E shall be 25% in the aggregate, and open space for Area F and G shall be a minimum of 25% in the aggregate, and open space in Area H and Area I (subject to Section 3.9 above) shall be 25% in the aggregate. For the purpose of this Development Agreement, open space shall be defined as all areas other than buildings, parking lots, roadways, and individual residential lots within Areas A, B, C, F, and G. 3.15 Owner shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within a one hundred -foot (100') wide landscape area (not including right -of -way) along the portion of the Property adjacent to Eagle Road. The possible construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet (300') south of the southwest corner of the Property was addressed as a part of the preliminary plat application for the Property. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 0 Eagle City Code Section 8- 2A- 6(A)(5)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); Page 6 of 12 KAPlennivg Dept \Eagle Applic ions\Dr\2015\DR -6615 Multi-ten office bldg in Lake or drf doc • Eagle City Code Section 8- 2A- 6(A)(6) Building Design: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and • Eagle City Code Section 8- 2A- 6(B)(2) Roofs: e. Metal; standing seam, batten seam (concealed fasteners required); Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road. F1 HW1JWellI.&NO3 5 • The applicant is proposing to construct a 65,085- square foot multi -tenant office building within the commercial area of Lakemoor Subdivision. Pursuant to the Second Amended and Restated Development Agreement, development within this area is to be designed to be consistent with the Site Development, Architectural, and Landscaping Design Guidelines as specified within Exhibit E of the development agreement. The Second Amended and Restated Development Agreement and Exhibit E identify specific design guidelines, heights, building mass, and materials that are different from that which is required within Eagle City Code. Pursuant to the applicant's justification letter, the building has been designed to comply with the standards set forth in the development agreement. The building elevations have a mix of CMU veneer, stucco, windows with horizontal and vertical mullions, and concrete sills. The applicant is proposing a dark bronze standing seam metal roof; however, pursuant to the development agreement, only asphalt or composition shingles are permitted (page 12 of 19 of Exhibit E). The applicant should be required to provide revised building elevations showing asphalt or composition shingle to be used on the mansard roof. The revised elevation plans should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • Sheets L1.00 and L1.01, date stamped by the City on January 21, 2016, show bike rack and bench locations; however, no details showing the style of these amenities have been provided. The applicant should be required to provide detailed cut sheets of the bike racks and benches showing they style, height, color, etc. to be used. The detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Staff defers comment regarding building design and colors to the Design Review Board. Page 7 of 12 KAPlanning Dept\Eagle Applications\Dr\2015\DR -66 -15 Multi -ten office bldg in Lakemoor drf doe STAFF RECOMMENDATION PROVIDED 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. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on January 29, 2016, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 4 to 0 (Schafer abstained; Grubb and Hash absent) to approve DR -66 -16 for a design review application to construct a multi -tenant office building for Hawkins Companies, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ -05 -02 MOD2. 2. The use of standing seam metal roof (with concealed fasteners) is permitted based on Exhibit F of the Desirl Guidelines for Commercial Areas D and E. Provide revised building elevatiefis she 1 5 asphalt er- eempesitien shingle te be used en the mansafd r-eef, The revised elevatiell plans shall bee awning eekfieate. 3. Provide detailed cut sheets of the bike racks and benches showing they style, height, color, etc. to be used. The detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 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. A separate design review application (DR- 67 -15) has been submitted for the approval of the building wall signage. 12. The applicant is encouraged to use LED light fixtures throughout the development that have a unified Page 8of12 KAPlanning Dept\Eagle Applic tions\Dr\2015\DR -66 -15 Multi -ten office bldg in Lak-, drf.doc warm color tone. The development agreement should be modified to reflect a unified warm color tone of 3000 Kelvin. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. S. 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 Page 9 of 12 KAPlanning Dept\Eagle Applications\Dr120150R -66 -15 Multi -ten office bldg in Lakemoor drf.doc 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. 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 Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single- family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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 Page 10 of 12 KAPlanning Dept\Eagle Applications\Dr\2015\DR -66 -15 Multi-ten office bldg in Lakemoor drf.doc Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from 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. Page 11 of 12 KAPlanning Dept\Eaee App1ications\Dr\2015\DR -66 -15 Multi -ten offiw bldg in Lak—or drf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on December 28, 2015. 2. Requests for agencies' reviews were transmitted on January 4, 2016, in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR- 66 -15) 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. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the MU -DA (mixed use with development agreement) zoning district. DATED this 1111 day of February 2016. DESIGN REV I W BOARD OF THE CITY F EAGLE Ada Cou*v! I o Chairman A-f -rEST: Sharon K. Bergmann, Eagle Ci Clerk %%W&uaune,,,I, °�•� 0#0 oar' NT B �••. �': • o / a Q`': =: Q P. %. Q .• ~ 1W 000 0 Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 12 of 12 K TI—ing Dept\Eagle ApplimionAD620 MDR -66.15 Multi-ten office bldg in Lakemoor drf doe