Findings - DR - 2017 - DR-84-16 - 3 Story Office Bldg In LakemoorBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A MULTI -TENANT OFFICE BUILDING
FOR HAWKINS COMPANIES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -84-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 26, 2017. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Hawkins Companies, represented by Christian Samples, is requesting design review approval to
construct a 67,500 -square foot multi -tenant office building (111, 2', and 31 Floor Square Footage =
22,500/each). The 4.41 -acre site is located within the commercial portion of Lakemoor Subdivision,
on the north side of East Eagles Gate Drive approximately 300 -feet west of East Colchester Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 22, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 29, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to 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 February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
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On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification to convert
two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within
Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and
allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231
buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision for DMB Investments, LLC (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB
Investments, LLC (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB
Investments, LLC (FP -07-13).
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments, LLC (FP -08-15).
On February 23, 2016, the City Council approved a modification to the development agreement for
William Shultz (RZ-05-02 MOD3).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with development agreement, development
agreement modification, (development agreement in lieu of a PUD), and a preliminary plat
modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private
road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street
lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03-
05 MOD2).
On September 13, 2016, the City Council denied a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to
deny the development agreement modification (development agreement in lieu of a PUD). The City
Council directed staff to provide public notice for a reconsideration public hearing regarding the
development agreement modification (development agreement in lieu of a PUD) to occur on October
25, 2016 (RZ-05-02 MOD5).
On October 25, 2016, the City Council approved a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MOD5).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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KAPlanning DeptTagle Applications\Dr\2016\DR-8416 Three Story Office Bldg in Lakentoor drf docz
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with a
Planned Unit Development
development agreement in
(PUD) consisting of
lieu of a PUD)
Office, Commercial, and
Residential (Lakemoor
Subdivision)
Proposed
No Change
No Change
Multi -tenant office
building
North of site
Residential Two (up to
R -E -DA -P (Residential up to
Laguna Pointe
two dwelling units per
one unit per two acres with a
Commercial/Residential
acre maximum) and
development agreement,
Subdivision, Planned Unit
Mixed Use
PUD), R -2 -DA -P (Residential
Development (PUD)
up to two units per acre with a
consisting of Office,
development agreement,
Commercial, and
PUD), and MU -DA (Mixed
Residential (Lakemoor
Use with a development
Subdivision)
agreement)
South of site
Mixed Use, Residential
MU -DA (Mixed Use with a
Planned Unit Development
One (up to one dwelling
development agreement), R-1
(PUD) consisting of
units per acre maximum)
(Residential)
Office, Commercial, and
Residential (Lakemoor
Subdivision), Single-
family residences
East of site
Mixed Use
MU -DA (Mixed Use with a
Planned Unit Development
development agreement in
(PUD) consisting of
lieu of a PUD)
Office, Commercial, and
Residential (Lakemoor
Subdivision)
West of site
Residential Two (up to
R-2 (Residential up to two
Rural Residences &
two dwelling units per
units per acre) & R -2-P
Banbury Meadows
acre maximum)
(Residential up to two units
Subdivision
per acre, PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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I. SITE DATE:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
4.41 -acres (192,2994 -SF)
5,000 -square feet (minimum)
Percentage of Site Devoted
to Building Coverage
12% (approximately)
50% (maximum)
Percentage of Site Devoted
to Landscaping
15% (approximately)
10% (minimum)
Number of Parking Spaces
263 -parking spaces
263 -parking spaces (minimum)*
Front Setback
20 -feet (south)
20 -feet (minimum)
Rear Setback
260 -feet (north)
20 -feet (minimum)
Side Setback
110 -feet (west)
7.5 -feet (minimum)
Side Setback
71.5 -feet (east)
7.5 -feet (minimum)
*Note: Based on 66,000 -SF of office use which requires 1 parking space per 250 -SF.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a multi -tenant office building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately fifty-eight foot and two inch (58' 2") high three story
structure.
Gross Floor Area of Proposed Buildings:
First Floor = 22,500 -square feet
Second Floor = 22,500 -square feet
Third Floor = 22.500 -square feet
Total = 67,500 -square feet
On and Off -Site Circulation:
A 92,560 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
There are multiple shared access points to this site that provide access to the north/south main access
drive for the entire Lakemoor Commercial Subdivision and this property. Additional shared driveways
provide access to East Colchester Drive and East Eagles Gate Drive.
K. BUILDING DESIGN FEATURES:
Roof. Standing Seam metal Roof (Dark Bronze)
Walls: CMU Veneer (White Limestone, Charcoal), EFIS (Alexandra Beige, Hillsborough Beige)
Windows/Doors: Aluminum storefront windows and doors (Dark Bronze)
Fascia/Trim: Galvanized Steel Coping (Dark Bronze)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along East Colchester
Drive. The trees are to be retained and protected.
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Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along East Eagles Gate Drive (DR -77-16).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 16% is proposed.
M. TRASH ENCLOSURES:
One (1) 216 -square foot trash enclosure is proposed to be located near the east corner of the building.
The enclosure is proposed to be constructed of CMU walls with stucco finish and metal gates; all of
which will match the materials and colors used in the construction of the building.
N. 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.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved prior to any signs being constructed on this building or the site.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
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Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire Department
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 The maximum height of commercial 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.
3.8 All development on Property shall be consistent with the Commercial Design Guidelines
(Exhibit D), attached hereto and incorporated herein by reference.
3.10 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Eagle Road. The parking areas depicted on the Concept Plan depicted on Exhibit
B are not considered to be concentrated between the buildings and Eagle Road. The side of
any buildings facing Eagle Road shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design Review Board.
3.13 Owner shall work to identify and implement strategies to further reduce the line of sight of
buildings "H" and "G" (i.e. relocate buildings internal to the site, or provide berming and/or
landscaping) from the residential area. The strategies shall be reviewed and approved by the
Design Review Board at the time of submittal of a design review application associated with
buildings "H" and "G" and will only be reviewed and approved by the Eagle City Council in
the event the Design Review Board is not able to address the line of sight concern.
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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(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and electrical
equipment shall be reviewed and approved by the design review board. All roof mounted
mechanicals shall be completely screened from view through the use of a parapet wall when
utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design
other than a flat roof. "Screened from view" shall mean "not visible" at the same level or
elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan);
0 Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and
Requirements:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a person
of average height standing on the property line of any residentially zoned parcel of land or parcel
of land used for residential purposes. The light used shall be 3000K maximum LED (or approved
equivalent) and the light fixture shall be provided with optics to direct light downward.
5. Light pole fixtures shall have a maximum height of -
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than
five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
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.
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6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250)
watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved
equivalent) shall be the only type of site and building lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (320) watts.
b. The light fixture shall be no higher than seventeen feet (IT).
c. The design review board shall make the following findings prior to approving metal halide
lighting:
(1) The lighting shall be harmonious with and in accordance with the general objectives, or with
any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and will not change
the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the light
bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall not
be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
D. DISCUSSION:
The applicant is proposing to construct a 67,500 -square foot three (3) story multi -tenant office
building within the commercial area of Lakemoor Subdivision. Pursuant to the applicant's
justification letter, the building has been designed to comply with the standards set forth in the
development agreement. The building elevations have a mix of CMU veneer, stucco, windows
with horizontal and vertical mullions, standing seam metal roof, and concrete sills. Staff defers
comment regarding the building design and colors to the Design Review Board.
• Sheets L1.01 and L1.50, date stamped by the City on December 22, 2016, show a three foot to
five foot (3' to 5') high berm with landscaping to be located between East Eagles Gate Drive and
the proposed building. Pursuant to the development agreement for The Bridges at Lakemoor, the
applicant is to implement strategies to further reduce the line of sign of building "H" and "G"
(i.e.: relocate buildings internal to the site, or provide berming and/or landscaping) from the
residential area. The strategies are to be reviewed and approved by the Design Review Board at
the time of submittal of a design review application. Staff defers comment regarding the
landscape buffer provided between the building and the public right of way to the Design Review
Board.
e Sheet SD1.1, date stamped by the City on December 22, 2016, shows a 263 -parking spaces to be
constructed with this building. Pursuant to Eagle City Code, one parking space is required for
every 250 -square feet of gross floor area. Based on the gross square footage of the building being
67,500 -square feet, the applicant is required to provide a minimum of 270 -parking spaces. The
applicant should be required to provide revised site and landscape plans showing a minimum of
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KAPlanning Dept\Eagle ApplicationADA2016\13R-8416 Three Story Office Bldg m Lakemoor drf doex
270 -parking spaces to be constructed with this building. The revised site and landscape plans
should be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
The applicant provided detailed cut sheets of the proposed parking and building lighting. The
Cimarron LED parking lot light fixture (PL1) is shown to be 3000K; however, the height of the
parking lot light has not been specified. Pursuant to Eagle City Code, the maximum height of the
parking lot light poles may be 20 -feet. The applicant should be required to provide a detailed cut
sheet showing the height of the Cimarron LED light fixture to be a maximum of 20 -feet in height.
The lamp and lens should be screened and not directly visible by a person of average height
standing on the property line of any public right of way, private street, or property line of any
residentially zoned parcel or land used for residential purposes. The detailed cut sheet should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
Sheet E1.1, date stamped by the City on December 22, 2016, shows light fixture WL2 to be
located at the entrance to the building. A cut sheet showing WL2 has been provided as well;
however, no details are called out on the cut sheet indicating the luminaire, material, color, etc. of
the proposed light fixture. The applicant should be required to provide detailed cut sheets of light
fixture WL2 showing the luminaire, material, color, etc. The lamp and lens should be screened
and not directly visible by a person of average height standing on the property line of any public
right of way, private street, or property line of any residentially zoned parcel or land used for
residential purposes. The detailed cut sheets should be reviewed and approved by staff prior to
the issuance of a zoning certificate.
Sheets SD1.1 and L1.01, date stamped by the City on December 22, 2016, show bike racks to be
located near the main entrance to the building on the northwest building elevation; however, no
details showing the style of the bike racks have been provided. The applicant should be required
to provide detailed cut sheets of the bike racks showing they style, height, color, etc. to be used.
The detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
O The site plan, landscape plan, and application show one (1) 216 -square foot trash enclosure to be
constructed near the east comer of the building. While Pad 4 and Pad 7, shown on sheet SD1.1
date stamped by the City on December 22, 2016, are not part of the review of this application,
staff is concerned that the trash enclosure shown east of this building is the only trash enclosure
proposed to be utilized by three (3) buildings. The applicant should be required to provide a
revised site plan showing additional trash enclosures on Sheet SD1.1 to accommodate the other
buildings proposed in this area. The revised site plan and details of the trash enclosures should be
reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 26, 2017,
at which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
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BOARD DECISION:
The Board voted 4 to 0 (Grubb, Schafer, and Koci absent) to approve DR-84-16 for a design review
application to construct a multi-tenant office building for Hawkins Companies, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text shown
with underline to be added and text shown with strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-05-02 and all subsequent modifications.
2. Pr-e-,4d@ mAsed site and landseape pleas showing a minimum ef 27-0 pad4ng spaeas te be Renstmeted
wM thir, building. The reAsed site ead lmdseape pleas shall be F@N4@wed and appr-eved by staff
3. Provide a detailed cut sheet showing the height of the Cimarron LED light fixture to be a maximum
of 20-feet in height. The lamp and lens shall be screened and not directly visible by a person of
average height standing on the property line of any public right of way, private street, or property line
of any residentially zoned parcel or land used for residential purposes. The detailed cut sheet shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
4. Provide detailed cut sheets of light fixture WL2 showing the luminaire, material, color, etc. The lamp
and lens shall be screened and not directly visible by a person of average height standing on the
property line of any public right of way, private street, or property line of any residentially zoned
parcel or land used for residential purposes. The detailed cut sheets shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
5. Provide detailed cut sheets of the bike racks showing they style, height, color, etc. to be used. The
detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
6.
etheFbUildifigs pmpesed in this afea. The FeN46ed site Plan and details efthe tfash efieles;ufes shall be
a zening ee#ifieate.
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 a revised landscape plan showing the height of the evergreen trees along the southeast
elevation of the building to be a minimum of ten foot to twelve foot 00' — 12') in height. The revised
landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
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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.
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.
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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.
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
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river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -84-16) 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
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the Eagle Comprehensive Plan.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and an office 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 building is designed to complement the general
vicinity and provide aesthetically pleasing architecture to enhance the character of the area;
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 required parking for an office
and the drive aisles have been design in conformance with Eagle City Code 84-5;
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 since the
proposed building has been designed with quality materials and similar features utilized on other
buildings within the development and will enhance the character of the area;
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
building has been designed with quality materials and similar features utilized on other buildings
within the development and is in conformance with the Commercial Design Guidelines approved
within the development agreement;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions noted within the development agreement and additional landscaping, in excess of the
size required by Eagle City Code, has been provided between the southeast building elevation and
East Eagles Gate Drive in compliance with the requirements within the development agreement;
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 parking lot and
pedestrian pathways have been designed with connectivity to the adjacent sites;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since the
site has been designed in compliance with internal walkable pathways; and
I. No signs are proposed. However, any proposed signs will be required to be harmonious with the
architectural design of the building and adjacent buildings, and will not cover or detract from
desirable architectural features.
3. The Board reviewed the particular facts and circumstances of the proposed design review application
(DR -84-16) with regard to the commercial guidelines set forth in the Development Agreement and has
concluded the following:
A. The overall architectural theme for this development is "Modern Farmhouse."
B. The proposed design review complies with the commercial design guidelines (see Exhibit "A") set
forth in the Development Agreement based on: height of the building, exterior building finishes to
include: CMU veneer, wood timers, metal, and stucco, materials for the roof/window
treatments/entryway elements, building and site lighting, and pathways bringing patrons closer to
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the amenities of the area.
C. The development currently has six (6) buildings proposed which include: the T -Sheets building
(currently under construction), a multi -tenant retail/restaurant building, a multi -tenant
retail/restaurant building with a drive-through, a restaurant, office building, and food and beverage
sales building. The proposed buildings have similar elements including: architectural elements
through articulate wall sections, material variations, window treatments, and entryway elements
that are being carried over into the food and beverage sales building. The styles, design, and similar
materials and elements provide a transition throughout the site and deliver a cohesive architectural
theme.
D. The commercial design guidelines refer to a "Sense of Style" stating the architectural treatment of
the buildings will be eclectic in character, and, to diminish fatigue and to create a rich and visually
stimulating environment, the Center will promote the co -existence of traditional, contemporary,
and transitional styles in a harmonic composition. The applicant has presented the architectural
treatment of the buildings in such a way to make each building exclusive while providing a cohesive
and harmonious architectural theme throughout the commercial development.
DATED this 91 day of February 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun , Id o
Robert Grubb, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City C1dk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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