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Findings - CC - 2022 - DR-34-21 - One Office Building Three Storage Buildings BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR ONE OFFICE [BUSINESS ) AND PROFESSIONAL] BUILDING AND THREE ) STORAGE BUILDINGS [2-NEW, 1-EXISTING] ) WITHIN TERRA VIEW SUBDIVISION FOR ) TERRA VIEW,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-34-21 The above-entitled design review application came before the Eagle City Council for their action on January 25, 2022. 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: Terra View, LLC, represented by Jaime Snyder with T-O Engineers, is requesting design review approval for one office (business and professional) building and three storage buildings (2-new, 1- existing)within Terra View Subdivision. The 3.2-acre site is located on the west side of North Hartley Road approximately 2,700-feet north of the intersection of West Beacon Light Road and North Hartley Road at 4035 North Hartley Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 26, 2021. Supplemental information (colored renderings)was received by the City September 23,2021. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on July 28,2021,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 9, 2009,the City Council approved an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA(Mixed Use with a development agreement in lieu of a PUD)for the Terra View development for SB/CH Land Company(Flack/Carlock),LLC.At that time the Council instructed staff to work with the applicant to address the concerns of the Council regarding transitioning of lots adjacent to the eastern boundary prior to approving the development agreement for the project(A-16-07/RZ-23-07). On January 9,2010,the Council approved the development agreement associated with the Terra View development for SB/CH Land Company(Flack/Carlock), LLC. On January 10,2012,the Council approved a modification to the development agreement to extend the time for submittal of a preliminary plat application and to correct a typographical error contained within a condition of development(RZ-23-07 MOD). On February 4, 2015, an extension of time to submit a preliminary plat was approved pursuant to Condition of Development 3.2 of the executed development agreement(Instrument#109021224).The extension of time was approved to be valid until February 25,2017(RZ-23-07). Page 1 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx On March 28, 2017, the City Council approved a modification to the development agreement (Instrument#109021224) associated with the MU-DA (Mixed Use with a development agreement in lieu of a PUD)zoning classification for the Terra View development(RZ-23-07 MOD2). E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Large Lot, Transition MU-DA(Mixed Use with a Single-family dwelling Overlay development agreement [in lieu of a PUD]) Proposed No Change No Change One Office(Business and Professional)Building and Three Storage Buildings (2-new, 1-existing)within the Terra View Development North of site Large Lot,Transition A-R-DA(Agricultural- Agricultural land and M-3 Overlay Residential with a Hanson Subdivision development agreement), RUT(Rural-Urban Transition —Ada County designation) South of site Large Lot,Transition MU-DA(Mixed Use with a Terra View Development Overlay development agreement [in lieu of a PUD]) East of site Large Lot,Transition RUT(Rural-Urban Transition Agricultural land Overlay —Ada County designation) West of site Large Lot,Transition A-R-DA(Agricultural- Agricultural land, Terra Overlay Residential with a View Development development agreement)& MU-DA(Mixed Use with a development agreement [in lieu of a PUD]) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. URBAN RENEWAL DISTRICT:No. I. EXISTING SITE CHARACTERISTICS: The site has a single-family residence,five storage buildings, one well house,and mature trees.One of the storage buildings will remain.The other buildings will be removed from the site Page 2 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 3.2-acres(139,392-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 11%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 59%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 23-parking spaces 23-parking spaces(minimum) Building A(Westernmost Storage Building-existing) SITE DATA PROPOSED REQUIRED Front Setback(South) 108-feet 20-feet(minimum) Rear Setback(North) 25-feet 20-feet(minimum) Side Setback(East) 450-feet 20-feet(minimum) Side Setback(West) 31-feet 7.5-feet(minimum) Building B(Middle Storage Building-new) SITE DATA PROPOSED REQUIRED Front Setback(South) 128-feet 20-feet(minimum) Rear Setback(North) 36-feet 20-feet(minimum) Side Setback(East) 345-feet 20-feet(minimum) Side Setback(West) 42-feet 7.5-feet(minimum) Building C(Easternmost Storage Building—relocated to this site) SITE DATA PROPOSED REQUIRED Front Setback(South) 181-feet 20-feet(minimum) Rear Setback(North) 37-feet 20-feet(minimum) Side Setback(East) 171-feet 20-feet(minimum) Side Setback(West) 133-feet 7.5-feet(minimum) Page 3 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx Office Building SITE DATA PROPOSED REQUIRED Front Setback(South) 140-feet 20-feet(minimum) Rear Setback(North) 90-feet 20-feet(minimum) Side Setback(East) 69-feet 20-feet(minimum) Side Setback(West) 339-feet 7.5-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Office,Business and Professional Building: 2,708-square feet Gross Floor Area of Proposed Storage Buildings: Building A: 1,484-square feet Building B: 4,698-square feet Building C: 6,198-square feet Office, Business and Professional— 1 for every 250-square feet of gross floor area 2,708-square feet/250= 10.8 parking spaces Storage— 1 for every 1,000-square feet of gross floor area 12,380/ 1,000= 12.3 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for an office,business and professional and 1 parking space per 1,000-square feet of gross floor area for storage: Proposed Parking Spaces: 23-parking spaces(8-parking spaces located in front of the office, 8-parking spaces within the storage buildings,and 7-parking spaces in front of the storage buildings or within the paved portion of the site. Required Parking Spaces: 23 (calculated based upon the above uses identified in Eagle City Code Section 8-4-5: "Office,business and professional"and"Storage") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one building to be utilized as an office (business and professional)and three buildings to be utilized for storage. Height and Number of Stories of Proposed Buildings: Office Building: 27' 10 1/4"high, single-story structure. Building A(westernmost—existing): 23' high, single-story structure. Building B(middle storage building—new): 31' high, single-story structure. Building C(easternmost—existing relocated to the site): 27' high, single-story structure. Gross Floor Area of Proposed Buildings: The proposed office building is approximately 2,708-square feet and the three storage buildings are approximately 1,484-square feet,4,698-square feet, and 6,198-square feet. Page 4 of 22 K:\Planning Dept\Eagle Applications\Dr\202I\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx On and Off-Site Circulation: A 3,210-square foot(approximately) paved parking lot provides parking for vehicles using the office and a 39,060-square foot paved area for vehicles using the storage buildings. One 17-foot wide driveway is located on the east property line and provides access to North Hartley Road. M. BUILDING DESIGN FEATURES: Proposed Building Design: Prairie School Office Building Roof: Standing Seam Metal(Brown, Black) Walls: Weathered Snowfence Wood(Grey),cobblestone siding(Cream-Brown), brick(White) Windows/Doors: Aluminum (Bronze) Fascia/Trim: metal(Pewter/Slate) Building A(westernmost storage building) Roof: Standing Seam Metal(Brown) Walls: Weathered Snowfence Wood(Grey) Windows/Doors: Aluminum(Brown) Fascia/Trim: metal(Brown) Building B(middle storage building) Roof: Standing Seam metal(Brown) Walls: Weathered Snowfence Wood(Grey) Windows/Doors: Aluminum(Brown) Fascia/Trim: metal(Brown) Building C(easternmost storage building) Roof: Standing Seam Metal(Brown) Walls: Weathered Snowfence Wood(Grey) Windows/Doors: Aluminum (Brown) Fascia/Trim: metal(Brown) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 34-existing trees on the site. The applicant is proposing to retain 18-trees and remove 16-trees. Below is a list of all existing trees proposed to be retained or removed from the site as identified on the landscape plan, date stamped by the City on September 23,2021. Tree Caliper/Height Condition Remove/ Replacement Specie Retained Inches/Feet per ECC Black 48" Good Condition, unmaintained and Remove TBD Locust(#1) some dying branches Black 18" Good condition, unmaintained and Remove TBD Locust(#2) some dying branches Black 18" Good condition,unmaintained and Remove TBD Locust(#3) some dying branches Black 18" Multiple dead and dying branches, Remove 0" Locust(#4) evidence of crown damage Page 5 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-2I\DR-34-21 Four Office-Storage Bldgs in Terra View ccfdocx Catalpa 24" Good Condition Remove TBD (#5) Black 96" Good condition Retain TBD Locust(#6) Silver 108" Dead and dying in crown and Remove 0" Maple(#7) unmaintained branches Silver 48" Poor health due to shading and Remove 0" Maple(#8) crowding Silver 60" Poor health due to shading and Remove 0" Maple(#9) overcrowding Silver Unknown Poor health due to shading and Remove 0" Maple overcrowding (#10) Black Unknown Grouping of young seedlings Remove TBD Locust (#11) Black Unknown Young,multi-branched sparse leaf Remove TBD Locust production due to shading (#12) Silver 60" Good condition Remove TBD Maple (#13) Ponderosa 25' Good health Remain N/A Pine(#14- 31) Apple 12" Unmaintained, dead and dying Remove TBD (#32) branches Ash(#33) 48" Good condition Remove TBD Black 60" Unmaintained, dead and dying Remove TBD Locust branches(multiple) (#34) Total caliper inches/feet of trees required to be replaced on site TBD by the Design Review Board and City Council • Total caliper inches removed from the site 618" Total caliper inches removed from the site—Trees in good condition 312" Total caliper inches proposed for mitigation—Not including Black 6"(on-site) Locust and Silver Maple Trees 78"within Terra View Subdivision Tree Replacement Calculations: The applicant is proposing to remove 16-trees trees from the site.The 16-trees consist of 8-Black Locust trees, 5-Silver Maple trees, 1-Catalpa tree, 1-Apple tree,and 1-Ash tree.The applicant is not proposing Page 6 of 22 K.\Planning Dept\Eagle Applications\Dr\202 I\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx to mitigation for the Black Locust or Silver Maple trees(534-caliper inches).The applicant is proposing to mitigate for the Catalpa,Apple,and Ash trees(84-caliper inches)on the site and throughout the Terra View development. See discussion on page 15 for more information. Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees are proposed along North Hartley Road. 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: 5%interior landscaping is required, 5% is proposed. O. TRASH ENCLOSURES: One (1) 188-square foot trash enclosure is proposed to be located near the south of the driveway into the site. The enclosure is proposed to be constructed of CMU walls with a cultured stone system and metal gates; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The mechanical units will be located within in the mechanical room located in the office building.No ground mounted or rooftop mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: The applicant did not submit a plan showing site or building lighting. If the applicant is proposing building or site lighting, a lighting 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. R. SIGNAGE: No signs are proposed with this application and none is approved. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. The site is located within City of Eagle 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— 100 year Mature Trees-yes Riparian Vegetation-no Steep Slopes—yes—along north property line Stream/Creek—yes Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Page 7 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx 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 Eagle Park,Pathway, and Recreation Eagle Sewer District Idaho Department of Environmental Quality Marathon Pipe Line,LLC 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 8 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx 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: Large Lot Residential Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher then 1 unit per 2 acres.Open space and parks in this area will be generally limited. Land uses in this category will tent to appear as suburban large lot and generally less agrarian than the Estate Residential and Agricultural/Rural designations. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses.Commonly require a transition/change in density, lot sizing,and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.1 All development within the Property shall be consistent with the Eagle Architecture and Site Design Book and be generally consistent with the proposed Plan depicted in Exhibit A attached. The Plan describes the general nature and relative location of certain elements for the Property. It is the intent of this Agreement to allow sufficient flexibility at the time a detailed plan and platting are submitted to Eagle,while maintaining the general intent of the Plan with the requirements set forth in this agreement. 3.4.2 Non-residential(Commercial)Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Village Center corporate campus and are otherwise limited to the following uses: -Office, Business and Professional 3.14 Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher.All buildings shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles contained in Exhibit F,attached hereto and incorporated herein. 3.14.1 All structures within Terra View shall be constructed utilizing"Tuscan"style architecture. Commercial/retail buildings, single-family residential,multi-family residential units,active adult residential units and common area amenities shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board in effect as of the Effective Date and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings multi- family residential units,common area amenities,pumphouse for irrigation, and gazebos. 3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and commercial areas shall be provided consistent with Eagle City Code to be reviewed by the Page 9 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccfdocx Parks and Pathway Development Committee or other appropriate recommending body of Eagle prior to preliminary plat approval. 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: Design Requirements,Objectives and Considerations: B. Architectural Requirements,Building Materials, Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator,the design review board,and the city council,whichever the case may be,to determine the appropriateness of such material. 1. Exterior walls and soffits: a. Wood: cedar(clear)and redwood(clear)-architectural/premium grade. Log siding, wood shingle are permitted for accent only,twenty five percent(25%)maximum wall coverage(per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. b. Fiber cement; c. Masonite: horizontal lap only,maximum six inch(6")reveal; d. Vinyl: 0.46 millimeter minimum thickness, integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; g. Masonry: brick,natural rock/stone, synthetic stone,decorative block. Smooth face block for accent only,ten percent(10%)maximum wall coverage(per each facade); h. Stucco: Twenty five percent(25%)planer change required,additional accents shall be incorporated through the use of other material(s); i. EIFS: Permitted for accent only,ten percent(10%)maximum wall coverage(per each facade). Additional accents required through the use of other materials; j. Additional encouraged material: exposed beams, fabric awnings,cornices/dentils, shutters, dormers, cupolas,columns; 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. Page 10 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccfdocx 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 B1k on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped,designed,and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B 1 k,metal siding shall be prohibited in the DDA,TDA,CEDA design review overlay district areas. 2. Roofs: a. Wood shakes/shingles: premium on number 1 grade; b. Architectural grade textured composition shingles; c. Tile: cemetitious, clay; d. Slate; e. Metal; standing seam, batten seam(concealed fasteners required); Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road. f. Flat roof specification: single ply, built up(both nonreflective). 3. Fences: a. Block(with columns),which may include brick, rock, stone or similar veneer; b. Brick(with columns); c. Wrought iron; d. Decorative wood and vinyl fencingbe permitted if the city determines that the may style of fence proposed is complementary to the building architecture and overall site design; e. Dog ear cedar, fir,chain link,barbwire, razor wire,and similar high maintenance and/or unsightly fencing is prohibited. However,powder coated chain link fencing may be permitted for use on school sites. 4. Decks and patios: a. Concrete(stamped finish and smooth finish); b. Brick pavers; c. Wood-polymer composite lumber; d. Wood(pressure treated,redwood). 5. Colors: a. Earthen tones are encouraged. b. Flat or low gloss finishes are encouraged. c. Roof mounted mechanicals, all vents protruding through the roof,and similar features shall be painted so as to match the color of the roof. Page 11 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Ten-a View ccf.docx d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building. • Eagle City Code Section 8-2A-7(C): Retention, Removal, and Replacement of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed,replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed,an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8")caliper deciduous tree is removed, an acceptable replacement would be four(4)two inch(2")caliper deciduous trees.A twelve foot(12')tall coniferous tree is removed, an acceptable replacement would be two(2)six feet(6')tall coniferous trees. b. When a homeowners association or its agent removes tree(s)from a subdivision common area to appropriately thin an overgrown canopy,replacement shall not be required provided the site remains in compliance with subdivision's approved landscape plan as determined by the city. c.Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar, cottonwood,willow,tree of heaven,elm,and silver maple. Trees which are weak wooded,weak branched, suckering,damaged, diseased, insect infested,or containing similar maladies may be exempt from replacement if removal is first approved by the city. d. In cases where the condition of the tree(s)constitutes an "emergency" as defined in section 8-1-2 of this title,the tree(s)may be removed without approval provided that the city is notified after the tree's removal and provided with documentation indicating the tree's condition at time of removal. e. Planting within public rights of way shall be with approval from the city and the public entity owning the property. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line,whichever is furthest from the trunk. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. Page 12 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx • Eagle City Code Section 8-2A-J: Buffer Areas/Common Lots: 2. Minimum Requirements: a. When a commercial or industrial use abuts a residential use, a ten foot(10')wide by six foot(6')high landscaped buffer is required. b. When a parking lot abuts a residential activity,a five foot(5')wide by six foot(6')high landscaped buffer is required. c. To conceal outdoor storage areas,trash receptacles,exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way,a five foot(5')wide by six foot (6')high landscaped buffer is required. 3. Materials: a. All buffer areas shall be comprised of, but not limited to,a mix of evergreen and deciduous trees, shrubs,and ground cover in which evergreen plant materials comprise a minimum of sixty percent(60%)of the total plant material used. b. Height requirements shall be accomplished with plant material,with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three(3)years and be maintained such that sixty percent(60%)or more of the vertical surface is closed and prevents the passage of vision through it. d. Chainlink fencing,with slats or otherwise,and cedar fencing is prohibited for screening. • Eagle City Code Section 8-2A-7(K)(4): Parking Lot Interior Landscaping: b. Additional Requirements: (1) No interior planter shall be less than five feet(5')in any dimension. (2) No parking space shall be more than sixty feet(60')from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass.A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass. • Eagle City Code Section 8-2A-10: Application Requirements: Design review applications for any commercial building larger than one hundred twenty (120) square feet shall be prepared by or under the responsible control of a licensed architect, unless exempted under Idaho Code, section 54-309(2), with said plans to be duly stamped to clearly identify the preparer. D. DISCUSSION: • The applicant is requesting design review approval for an office building and three storage buildings (1-new, 1-existing, 1-existing relocated to this site). Pursuant to the applicant's justification letter the current development agreement requires the architectural style to be Page 13 of 22 K:\Planning Dept\Eagle Applications\Dr\202I\Terra View Four Office-Storage Bldgs DR-34-2I\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx "Tuscan," however, the applicant has submitted a development agreement modification to allow for other architectural styles including Prairie School style. The justification letter states the building architecture submitted is a rural western interpretation of Prairie School style and includes rustic barn siding, standing seam metal roofs, parapets, rustic siding garage doors, and black aluminum framed windows. The applicant has submitted color renderings of both the proposed building elevations (Prairie School style) and what is currently required in the development agreement(Tuscan). Staff defers comment regarding the building design, materials, and colors to the Design Review Board. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2Xd)&(e), the proposed building should be designed to 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, and 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. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • Sheet L1.0 shows 34-existing trees on the site. The applicant is proposing to remove 16-trees and protect and retain 18-trees.Nine of the trees proposed for removal are in poor condition or are dead. The remaining 7-trees include: 4-Black Locust trees, 1-Silver Maple tree, 1-Catalpa tree, and 1- Ash tree. Pursuant to Eagle City Code Section 8-2A-7(C)(1)(a), existing trees are required to be retained on site unless removal is approved in writing by the City. Pursuant to Eagle City Code Section 8-2A-7(C)(2)(a), where trees are approved by the city to be removed and replacement is required, for each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted.Pursuant to Eagle City Code Section 8-2A-7(C)(2)(c),unless the City determines that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of Black Locust and Silver Maple trees do not require mitigation. If the City determines that the seven trees(including 4-Black Locust trees and 1-Silver Maple tree) require mitigation, the required mitigation is 312-caliper inches. If the City determines that the Black Locust trees and Silver Maple trees do not require mitigation,the required mitigation for the remaining 2-trees(1-Catalpa, 1-Ash) is 72-caliper inches. The applicant is proposing to plant 19-additional trees throughout the buffer areas for a total of 38- caliper inches of tree above what is required by Eagle City Code for the site. With the addition of 38-caliper inches of tree being proposed to be planted on the site, the applicant is required to mitigate 274-caliper inches of tree(including mitigation for Black Locust and Silver Maple trees) or 34-caliper inches of tree (excluding mitigation for Black Locust and Silver Maple trees). The applicant is requesting approval to plant the additional 34-caliper inches of tree through the Terra View development to satisfy the mitigation. If the City does require mitigation for the seven healthy trees and accepts the applicant's proposal to plant an additional 19, 2-inch caliper trees and plant an additional 34-caliper inches through the Terra View development, the applicant is required to provide an additional 240-caliper inches of tree for mitigation. -OR- If the City does not require mitigation for the Black Locust and Silver Maple trees and accepts the applicant's proposal to plant an additional 19,2-inch caliper trees and plant an additional 34-caliper inches throughout the Terra View development,the mitigation is satisfied. -OR- Page 14 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx If the City does not require mitigation for the Black Locust and Silver Maple trees and accepts the applicant's proposal to plant an additional 19, 2-inch caliper trees but does not approve of the additional 34-caliper inches of tree planted throughout the Terra View development,the applicant should be required to provide an additional 34-caliper inches (excluding mitigation for Black Locust and Silver Maple trees)of tree or 274-caliper inches of tree(including mitigation for Black Locust and Silver Maple trees)on the site -OR- If the City does not require mitigation for the Black Locust and Silver Maple trees and accepts the applicant's proposal to plant an additional 19, 2-inch caliper trees but does not approve of the additional 34-caliper inches of tree planted throughout the Terra View development the applicant should be required to provide a payment to the tree fund in the amount of$5,950.00 (excluding mitigation for Black Locust and Silver Maple trees)or$47,950.00(including mitigation for Black Locust and Silver Maple trees). Staff defers comment regarding the removal of the existing trees and proposed mitigation to the Design Review Board. • The landscape plan shows a 10-foot wide sidewalk adjacent to North Hartley Road; however,the plan does not specify how the sidewalk is to be constructed(i.e. concrete, asphalt, etc.). Pursuant to the Parks, Pathway, and Recreation Commission recommendation, the 10-foot wide pathway adjacent to North Hartley Road should be built to the Ada County Highway District (ACHD) specifications for a concrete pathway. Current ACHD Specification VARIES 12" 15" THICK CONCRETE 12" 6" STANDARD CURB S•_ FiLL ,O• 1.75% 3 0.25% AND GUTTER . r.ri.0.ri✓rp.O.ririrn • " • S..RFACE REPAIR - • ' • t` BIN) `4"OF 3/4" MINUS CRUSHED BASE •• •• • MATERIAL AS PER SECTION-600 • EXTEND SUBGRAOE &BASE 6"BEYOND CURB The applicant should be required to provide a revised landscape plan including a detail for the pathway construction per ACHD specifications showing the 10-foot wide sidewalk adjacent to North Hartley Road to be constructed of concrete. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan shows the location of a trash and recycle enclosure; however, no elevations of the enclosure were provided. The applicant should be required to provide elevations of the trash and recycle enclosure showing the enclosure to be constructed with materials and colors to match the buildings. The enclosure elevations should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The building elevations provided by the applicant are not stamped by a license architect. Pursuant to Eagle City Code Section 8-2A-10,commercial plans are required to be prepared by or under the responsible control of a licensed architect and duly stamped to clearly identify the preparer. The applicant should be required to provide revised building elevations that are stamped by a license architect. The building elevations 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 15 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date,if the requested design review application is approved, staff recommends the 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 October 14, 2021, at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 58:10) Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The majority of the Board is in favor of requiring the applicant to utilize the Tuscan style of architecture required within the current development agreement. • The Board is in favor of not requiring mitigation for the four Black Locust trees and one Silver Maple tree due to those tree species have short life spans,potential for limb fall,etc. The Board recommends the mitigation for the Ash tree and Catalpa tree be installed on the site and not within other parts of the Terra View development. • The Board is in favor of the proposed buildings as long as the City Council approves the development agreement modification that updates the concept plan for this site which currently is shown as a park. • The Board is in favor of the proposed decorative wood fencing around the site. BOARD DECISION: The Board voted 7 to 0 to recommend approval of DR-34-21 for a design review application for one office(business and professional)building and three storage buildings(2-new, 1-existing)within Terra View Subdivision for Terra View,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 October 28,2021. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on January 25,2022,at which time the Council made their decision. B. Oral testimony in favor of the application was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the City Council by no one. COUNCIL DECISION: The Council voted 3 to 1 (Pike—Nay)to approve DR-34-21 for a design review application for one office (business and professional)building and three storage buildings(2-new, 1-existing)within Terra View Subdivision for Terra View,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. Page 16 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccfdocx SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-23-07 and all subsequent modifications. 2. The City does not require mitigation for the Black Locust and Silver Maple trees. The additional 34- caliper inches of tree required to satisfy mitigation shall be planted on the site or the applicant may elect to pay an in lieu payment into the tree fund of$5,950.00. If the applicant elects to plant the additional 34-caliper inches of tree, the applicant shall provide a revised landscape plan showing the location, specie, and size of the trees. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan including a detail for the pathway construction per ACHD specifications showing the 10-foot wide sidewalk adjacent to North Hartley Road to be constructed of concrete. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide elevations of the trash and recycle enclosure showing the enclosure to be constructed with materials and colors to match the buildings. The enclosure elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. Provide revised building elevations that are stamped by a licensed architect. The building elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Provide revised building elevations showing the location of building wall lighting and a revised site plan showing any site lighting. Provide detailed cutsheets showing the style, color, illumination type, wattage, etc. for the lighting. The lighting plan and 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. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. 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. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. No ground mounted mechanical units are proposed with this application and none are approved. 12. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 13. No signs are proposed with this application and none are approved. 14. Provide revised building elevations showing the location, style, and color of the gutters and downspouts. 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. 15. Provide a revised landscape plan showing trees located within the parking lot terminal islands. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate. 16. Provide a revised site plan showing striping for three additional parking spaces on the site. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 17. The building elevations, date stamped by the City on July 26, 2021, showingthe Prairie School style of architecture are approved. Page 17 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx architecture-as shown-on the color renderi gs to-stamp the C—it3 September 23,, 221 ke 18. This application and Design Review Board recommendation is subject to City Council approval of the development agreement modification that will change the concept plan for this site(currently shown as a park area). NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system,curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy,whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy,whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association, or other irrigation entity, shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or Page 18 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other 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. Page 19 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including,but not limited to building design, location and details, landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations", and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to submit a Zoning Permit application to the City and 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 changes 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 Page 20 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx 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-34-21) 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 office(business and professional)and storage buildings are permitted with the approval of a design review application within the MU-DA (Mixed Use with a development agreement)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed buildings are designed to 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 uses as anticipated within the zoning district since the site meets the parking requirements identified in Eagle City Code Section 8-4-5; 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; 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 buildings will be designed with the Tuscan style of architecture and are designed to complement the buildings in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed buildings are in conformance with the required setbacks and the height does not exceed 35-feet permitted within Eagle City Code; 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 a pathway adjacent to North Harley Road; 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; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the buildings, and will not cover nor detract from desirable architectural features. Page 21 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf.docx DATED this 25th day of January 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jason Pierce,Mayor 6 ATTEST: A/20 eoliEss..,,,,,, Tracy E sbom, Eagle City O� : 011. S. E .: cY 0 yg:z : .v '7c410•. q c STA' •••`•• Page 22 of 22 K:\Planning Dept\Eagle Applications\Dr\2021\Terra View Four Office-Storage Bldgs DR-34-21\DR-34-21 Four Office-Storage Bldgs in Terra View ccf docx f aQ