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Findings - CC - 2022 - DR-37-22 - Office (Medical And Dental) Building In Lakemoor Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR AN OFFICE (MEDICAL ) AND DENTAL)BUILDING IN LAKEMOOR ) SUBDIVISION FOR DAN TORFIN ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-37-22 The above-entitled design review application came before the Eagle City Council for their action on June 28, 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: Dan Torfin, represented by James Marsh with CSHQA, is requesting design review approval for a 6,650-square foot office(medical and dental) building in Lakemoor Subdivision. The 0.78-acre site is located on the northwest corner of East Colchester Drive and South Three Bridges Way at 2489 South Three Bridges Way. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on April 21,2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on April 28,2022,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 22,2003,the City Council approved a Comprehensive Plan Amendment(CPA-4-02)to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre)to Mixed Use,an annexation and rezone(A-3-02&RZ-5-02)from RUT(Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre)to MU-DA(Mixed Use with Development Agreement) for this site for B.W. Eagle, Inc. On 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 October 18, 2005, the City Council approved a design review application for the common area landscaping and clubhouse within Lakemoor Subdivision(DR-69-05). On June 19, 2007, the City Council approved a design review application for a modification to the clubhouse facility within Lakemoor Subdivision(DR-69-05 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 May 23, 2013, the Design Review Board approved a design review application for the common area landscaping within Lakemoor Subdivision Nos. 3 and 4(DR-18-13). On February 23, 2016, the City Council approved a modification to the development agreement for Page 1 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf docx William Shultz(RZ-05-02 MOD3). On August 23, 2016, the City Council approved a rezone from R-1 (Residential)to MU-DA (Mixed Use with a development agreement in lieu of a PUD), a development agreement modification, and preliminary plat modification for Lakemoor Subdivision (RZ-05-02 MOD4/RZ-03-16 & PP-03-05 MOD2). For additional property history see:A-91/R2-91/PP-91, FP-13-05/FP-14-05, RZ-05-02 MOD, EXT- 21-09, EXT-08-11, FP-04-13, FP-07-13, FP-08-15, and FP-02-16. E. COMPANION APPLICATIONS:None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use, Regional MU-DA(Mixed Use with a Vacant lot within Lakemoor Open space Overlay, and development agreement) Subdivision No. 3 Scenic Corridor Proposed No Change No Change Office(medical and dental) building North of site Professional A-R(Agricultural Vacant parcel Office/Business Park, Residential) Regional Open space Overlay, and Scenic Corridor South of site Mixed Use and Scenic MU-DA(Mixed Use with a Bridges at Lakemoor Corridor development agreement) development East of site Mixed Use and Scenic MU-DA(Mixed Use with a Lakemoor Subdivision No. Corridor development agreement) 3 West of site Mixed Use, L-O-DA-P(Light Office Fresh Creek Subdivision, Neighborhood with a development Banbury Subdivision No. 1, Residential, and Scenic agreement—PUD) South Eagle Road Corridor 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 been developed with curb, gutter, and sidewalk along East Colchester Drive and South Three Bridges way as part of Lakemoor Subdivision No. 3. Page 2 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.78-acres(33,976-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 20%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 26%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 40-parking spaces 34-parking spaces(minimum) Front Setback(South) 22-feet 20-feet(minimum) Rear Setback(North) 101-feet 20-feet(minimum) Side Setback(West) 7-feet, 7-inches 7.5-feet(minimum) Side Setback(East) 76-feet 20-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Office(medical and dental)building: 6,650-square feet Office(medical and dental)— 1 per 200 square feet of gross floor area 6650/200=34 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 200 square feet of gross floor area for an office(medical and dental): Proposed Parking Spaces: 40 Required Parking Spaces: 34 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office(medical and dental)") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1)building to be utilized as an office(medical and dental). Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-one foot, five inches (21' 5") high single-story structure. Gross Floor Area of Proposed Buildings: The proposed office(medical and dental)building is approximately 6,650-square feet. On and Off-Site Circulation: A 15,116-square foot (approximately) paved parking lot provides parking for vehicles using this site. Two 24-foot wide shared driveways are located on the east property line and provide access to South Three Bridges Way. Page 3 of 13 K.\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf docx M. BUILDING DESIGN FEATURES: Proposed Building Design: Prairie School Roof: Asphalt shingles(Matte Black) Walls: Wood(Dark Fir), stucco(Morning Frog, SW6255,Dark Grey), stone(Alderwood) Windows/Doors: aluminum(Matte Black) Fascia/Trim: Longboard, 6"V Groove(Dark Fir) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods:All existing trees are to remain on site.One 18- foot Spruce tree is proposed to be relocated on the site. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: There are existing street trees along East Colchester Drive and South Three Bridges Way. 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: 8%interior landscaping is required, 11.5% is proposed. O. TRASH ENCLOSURES: One(1)216-square foot trash enclosure is proposed to be located 22-feet south the north property line and north of the drive aisle to the existing pump house. The enclosure is proposed to be constructed of concrete,Eldorado stacked stone,and stucco and metal gates;all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage has been submitted and will be required to comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to the issuance of any building permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has not been received by the City. The site is located within Suez Water Company water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. Page 4 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf docx V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-yes Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Eagle Sewer District Idaho Department of Fish and Game 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, Page 5 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccfdocx 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. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site bases. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Regional Open Space Open space should be designed to capitalize on and expand the open space areas around natural features and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources— floodways and floodplains (including riparian and wetland areas), slopes in excess of 25%, locally significant features,and scenic viewpoints.Fragmentation of open space areas should be minimized so that resource areas are able to be managed and viewed as an integrated network. Open space areas within the Foothills and along Dry Creek and the Boise River should be designed to function as part of a larger regional open space network. Where possible, open space should be located to be contiguous to public lands and existing open space areas. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 Area E of the Property,as depicted on Exhibit A2,may 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 3.9 below),a copy of which is attached as Exhibit D. An assisted living Page 6 of 13 K.\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf.docx facility/senior housing development shall be a permitted use within Area E. Buildings up to a maximum of 50,000-square feet each are permitted for this area. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities,Education Facilities,and Hotels. The maximum height of Hotels and Office Buildings shall be 50-feet; non-habitable architectural elements shall be a maximum height of 60-feet. Multiple buildings are permitted to be located on the same lot, provided however,that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.4 This Development Agreement approves the height exceptions enumerated in paragraphs 3.3 as allowed by Eagle City Code Section 8-2A-6(B)(6)(a),based on the Site Development, Architectural and Landscaping Design Guidelines, defined below, substantially in compliance with Exhibit E,attached hereto and incorporated herein by reference, and the Design Guidelines Commercial, defined below, substantially in compliance with Exhibit F, attached hereto and incorporated herein by reference. 3.10 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 A 1 and A2. 3.16 Building placement shall be designed such that.parking areas are not concentrated between the buildings and Eagle Road.The parking areas depicted on the Conceptual Plan for Area E depicted on Exhibit A2 are not considered to be concentrated between the buildings and Eagle Road. The side of the buildings facing Eagle Road shall be provided with architectural design elements and architectural relief as may be approved by the Eagle Design Review Board. 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 8-4-4-2(A): Site and Building Lighting: 5. Light pole fixtures shall have a maximum height of: d. Fifteen feet(15')for any pole within fifty feet(50')of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. D. DISCUSSION: • The applicant is requesting design review approval for a 6,650-square foot office (medical and dental building). The applicant's justification letter states that the building design utilized pre-cast concrete, wood, and stucco that provide modern finish with traditional elements of the Prairie School style of architecture. In addition, the proposed building adheres to the design guidelines within the Lakemoor Subdivision development agreement. Staff defers comment regarding the design,materials, and colors to the Design Review Board. Page 7 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf docx The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(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. • The photometric plan shows a parking lot light that is 21-feet from the north property line. The property to the north is zoned A-R(Agricultural Residential). Pursuant to Eagle City Code Section 8-4-4-2, light pole fixtures within 20-feet from a residentially zoned parcel are allowed to be a maximum of 15-feet tall. The applicant should be required to provide a revised photometric plan showing the light pole located near the north property line a maximum of 15-feet tall. The revised photometric plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. 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 May 26, 2022, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is in favor of the design,materials,and colors of the building • The Board is in favor of the proposed landscaping. BOARD DECISION: The Board voted 5 to 0(Grubb and Mihan absent)to recommend approval of DR-37-22 for a design review application for an office(medical and dental)building within Lakemoor Subdivision for Dan Torfin, 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 June 23, 2022. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 28,2022,at which time the Council made their decision. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-37-22 for a design review application for an office(medical and dental)building within Lakemoor Subdivision for Dan Torfin, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-05-02 MOD4. 2. Provide a revised photometric plan showing the light pole located near the north property line a maximum of 15-feet tall. The revised photometric plan shall be reviewed and approved by staff prior Page 8 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf.docx to the issuance of a zoning certificate. 3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 7. No ground mounted mechanical units are proposed with this application and none are approved. 8. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building. 9. No signs are proposed with this application and none are approved. 10. Provide revised building elevations showing the location, materials, and colors 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. 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 df 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. Page 9 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf docx The plans shall show how swales,or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed,routed,covered or changed in any way unless such obstruction, rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association,or other irrigation entity associated with such ditch,pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement,acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures,conduit and wiring lying outside any dedicated public right-of-way,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: Page 10 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccfdocx a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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 Page 11 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf.docx 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 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-37-22) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and an office (medical and dental) building is 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 building is 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 has been design with onsite parking; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features since the building has been designed to meet the Prairie School style of architecture; 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 building is designed to be harmonious with other surrounding buildings; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building does not exceed the 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 an existing paved sidewalk adjacent to South Three Bridges Way; Page 12 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor ccf docx 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 building, and will not cover nor detract from desirable architectural features. DATED this 28th day of June 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho J ierce,Mayor ••,,,..u,,n.,,,,, ATTEST: •`� G�' •••••'t • 14, racy E. rn, Eagle City C ,J c ; * Page 13 of 13 K:\Planning Dept\Eagle Applications\Dr\2022\Office Bldg in Lakemoor DR-37-22\DR-37-22 Office Bldg in Lakemoor carioca