Loading...
Findings - DR - 2018 - DR-02-18 - Medical Office BuildingBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MEDICAL OFFICE BUILDING WITHIN ASHBURY BUSINESS PARK SUBDIVISION NO. 1 FOR DR. SCOTT LEWIS AND CHERI LEWIS FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -02-18 The above -entitled design review application came before the Eagle Design Review Board for their action on February 22, 2018. 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: Dr. Scott Lewis and Cheri Lewis, represented by Jay Rice with Advantage Architecture, is requesting design review approval to construct a 7,342 -square foot medical office building. The 0.79 -acre site is located on the north side of Chinden Boulevard and the west side of North Meridian Road within Ashbury Business Park Subdivision No. 1 (Lots 3 and 4, Block 1) at 3254 and 3268 West Bavaria Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 18, 2018. Revised materials (landscape plan, north building elevation, shed elevations, and site plan) were received by the City on February 12, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 19, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 16, 2007, the City Council approved a comprehensive plan amendment from Transitional Residential (Ada County designation) to Professional Office for a portion of this original site (CPA - 09 -06). On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) and preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52 -acre site is located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at 6615 North Meridian Road (A-19-06/RZ-25-06 and PP -19-06). On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park No. 1 for Capital Development, Inc. (FP -08-07). On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2 for Capital Development, Inc. (FP -01-08). On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and Page 1 of 14 K: Planning Dept\Lagl. AppIlLatinns\Dr\2,118',.DR•1)2 18 Wilma! Office Bldg to Ashbury BP M.. 1 drl Joe. Professional Office to Commercial for the property located on the northeast corner of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition) to C -3 -DA (Highway Business District with a Development Agreement) (CPA -5-08 & A- 03-08 & RZ-8-08). On November 25, 2009, the City Council approved a de -annexation of this property (Ordinance 614). On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) for Capital Development, Inc. (A-04-09/RZ-04-09). On June 25, 2013, the City Council approved a development agreement modification and preliminary plat for Ashbury Subdivision a 246 -lot (214 -buildable, 13 -commercial and 19 -common) subdivision for SCS Brighton, LLC (RZ-04-09 MOD/PP-02-13). On September 10, 2013, the City Council approved the final plat for Ashbury Subdivision No. 1 for SCS Brighton, LLC (FP -12-13). On March 13, 2014, the Design Review Board approved the common area landscaping within Ashbury Business Park No. 1 for SCS Brighton LLC (DR -08-14). On March 22, 2016, the City Council approved an extension of time for the final plat for Ashbury Business Park Subdivision No. 1 (EXT -03-16). On May 12, 2016, the Design Review Board approved a design review application for the common area landscaping, trash enclosure, and parking on Lots 1-4, Block 1, within Ashbury Business Park No. 1 (DR -23-16). On November 10, 2016, the Design Review Board approved a design review application to construct a 3,024 -square foot office building on Lot 2, Block 1, within Ashbury Business Park Subdivision No. 1 (DR -60-16). On November 28, 2017, the City Council approved a design review application for a master sign plan and multi -tenant monument sign for Ashbury Business Park Subdivision No. 1 (DR -49-17). E. COMPANION APPLICATIONS: None Page 2 of 14 K:U'lanning Dcpi Eaglc Applications\Dr\20I8\DR 02-18 Medical Mice Bldg in Ashbury BP No. 1 drt docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Professional Office/Business Park No Change Neighborhood Residential, Transition Overlay Professional Office/Business Park ZONING LAND USE DESIGNATION MU -DA (Mixed Use with a Vacant development agreement) No Change Medical Office Building MU -DA (Mixed Use with a Ashbury Subdivision No. development agreement) and 1, Church Building RUT (Ada County Designation) MU -DA (Mixed Use with a Castlebury West Business development agreement) Park No. 1 Large Lot Residential R-1 (Residential) Castlebury West Subdivision No. 1 Neighborhood Residential, Transition Overlay MU -DA (Mixed Use with a Ashbury Subdivision No. 1 development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has been developed with a parking lot, trash enclosure, and interior parking lot landscaping as part of Ashbury Business Park Subdivision No. 1 (DR -23-16). I. SITE DATA: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted to Landscaping Number of Parking Spaces Front Setback Rear Setback Side Setback Side Setback PROPOSED REQUIRED 0.79 -acres (34,412 -SF) 21% (approximately) 28% (approximately) 37 -parking spaces 84 -feet (East)* 20 -feet (West)* 12 -feet (North) * 25 -feet (South)* *Note: Measurements taken from the adjacent property line to the closest building. 0.11 -acres (5,000 -square feet) (minimum) 50% (maximum) 10% (minimum) 37 -parking spaces (minimum) 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 7.5 -feet (minimum) Page 3 of 14 K:U'lanning Dept\Eagle ApplicationA\Dr\2018\DR-02-18 Medical Office Bldg in Ashbury BP No. 1 drlldocx J. PARKING ANALYSIS: Gross Floor Area of Proposed Commercial Building: 7,342 -square feet Offices. medical and dental — 1/200 -square feet 7,342/200 -square feet = 36.7 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 200 -square feet of gross floor area for offices, medical and dental: Proposed Parking Spaces: 37 Required Parking Spaces: 37 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Offices, medical and dental") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a medical office building and one (1) building to be utilized as storage. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-five foot (25') high single -story structure with a basement. Gross Floor Area of Proposed Buildings: The proposed medical office building is approximately 7,342 -square feet and the proposed storage shed is 224 -square feet. On and Off -Site Circulation: An 18,000 -square foot (approximately) existing paved parking lot provides parking for vehicles accessing this site as well as all four (4) commercial lots within Ashbury Business Park No. 1. The four (4) commercial lots have both cross -access and cross -parking for the parking lot. Two 26 -foot wide shared driveways are located on the south property line providing access to West Bavaria Street. L. BUILDING DESIGN FEATURES: Roof: Architectural asphalt (black) Walls: Cedar wood (weathered teak), stucco (modern grey), cultured stone (bulks county ledgestone) Windows/Doors: Aluminum clad (bronze) Fascia/Trim: Cedar fascia (weathered teak) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing street trees along West Bavaria Street and trees located in the interior parking islands. 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 West Bavaria Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Page 4 of 14 K:\Planning DeptUiagic Applications\Dr\2018\DR-02-18 Medical Office Bldg in Ashbury BP No. I drf.docx There is existing landscaping around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 15% is proposed. N. TRASH ENCLOSURES: The existing trash enclosure was reviewed and approved with the design review application for the common area landscaping and parking lot on Lots 1-4, Block 1, within Ashbury Business Park No. 1 (DR -23-16). O. MECHANICAL UNITS: The applicant is proposing to locate all mechanical units in the attic and basement, therefore, no additional screening is required. No ground mounted, or roof mounted mechanical units are proposed and none are approved. P. OUTDOOR LIGHTING: The electrical site plan shows the location of recessed building lighting. A detailed cut sheet of the proposed lighting has been provided. Q. 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. R. 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. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. 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 V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: Ada County Highway District Page 5 of 14 K: Planning Dept\Eagle Applications\Dr\2018\DR-02-18 Medical Office Bldg in Ashbury BP No. 1 drfdocx Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Parks and Recreation Idaho Transportation Department Meridian Fire Department Republic Services X. 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 November 15, 2017), designates this site as the following: Professional Office/Business Park Suitable primarily for the development of technical park/research and development facilities, professional office/office complexes, and limited manufacturing activates, including small-scale production, distribution, and storage of goods. Support activates may also be permitted. Retail may be permitted as an ancillary use within this land use category. Smaller medical uses such as dentist offices and other outpatient clinics are also encouraged. All development within this land use shall be designed to be within a landscaped setting and be free of hazardous or objectionable elements such as noise, odor, dust smoke, or glare. Such development should be operated entirely within enclosure structures and generate minimal industrial traffic. Development within this land use designation should be required to proceed through the PUD process. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8 -2A -7(E): Installation and minimum standards 5. The minimum acceptable size for evergreen trees shall be six feet (6') to seven feet (7') balled and burlapped. • Eagle City Code Section 8 -2A -7(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 Page 6 of 14 K:\Planning DepAl aglr Applications\Dr\2018\DR-02-18 Mrdical OtIh Bldg in Ashbury BP No. 1 drf.docx residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. • Eagle City Code Section 8 -2A -7(L): Landscaped Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 All commercial development within the Property shall be consistent with the Castlebury West Business Park architectural style and be generally consistent with the Eagle Architecture and Site Design Book. The Concept Plan shows the general nature and relative location of certain improvements on 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 Concept Plan with the requirements set forth in this Agreement. 3.4 Applicant shall develop the Property subject to the conditions and limitations set forth in this Agreement and the Findings of Fact and Conclusions of Law approved by the City Council. Applicant shall also submit such applications for design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applications as may be required by the Eagle City Code in effect as of the Effective Date of this Agreement. 3.6 Except as otherwise provided within this Agreement, Applicant shall comply with the Eagle City Code in effect as of the Effective Date of this Agreement (excluding building codes adopted after the Effective Date); provided, however, if, following the Effective Date, the permitted uses of the MU -DA zone are expanded, such expanded uses shall be allowed in the Property and included in this Agreement or portions thereof. If preliminary and final plats are not submitted in a timely manner as set forth in this agreement the Eagle City Code effective at the time of submittal of said untimely plats shall apply thereto. 3.7 The 110+/- acre site of the Property shall consist of approximately 107 -acres of residential use (single-family and multi -family units) and approximately 5.0 -acres of non-residential uses as described below. 3.7.1 Non -Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Castlebury West Business Park and are otherwise limited to the following uses, which may be constructed without a Conditional Use Permit: • Banks/financial institutions (no drive -up service) • Beauty/Barber Shop • Catering Service (no restaurants) • Day Spa • Office, business and professional • Office, medical and professional • Artist Studios • Clinic • Daycare Center • Personal Improvement Page 7 of 14 K:U'lanning Dept aelo Apphcations1Dr120181DR-02-18 Medical (Mike Bldg in Ashbury BP No. I drl:docx • Home and Business services • Laboratories • Pharmacies and Medical Sales (no drive thru service) • Photographic Studio • Printing/Blueprinting • Professional activites • Travel Services • Research and Development • Research Activities • Christmas Tree Sales (only until building on the property has begun) • No Drive up or Drive thru services are allowed. 3.9 The Property shall comply with all parking requirements pursuant to the Eagle City Code in effect as of the Effective Date of this Agreement unless otherwise set forth in this Agreement. 3.11 Commercial 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 Castlebury West Business Park. 3.11.1 All commercial structures within the Property shall be constructed utilizing architecture consistent with the Castlebury West Business Park. All commercial development within the Property shall be consistent with the Castlebury West Business Park and be consistent with the Eagle Architecture and Site Design Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for multi -family residential and commercial/retail buildings. To assure compliance with this condition, Applicant shall create an architectural control committee ("ACC") as a component of the Property's restrictive covenants ("CC&Rs"). Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and reasonably approved by the Eagle City attorny prior to the approval of the first final plat. The submittal of the building permit application to Eagle for each commercial building within the development shall be accompanied by an approval letter from the ACC. Building permit applications that do not have an approval letter attached will not be accepted. 3.11.2 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. D. DISCUSSION: • The development agreement associated with the site identifies "Office, medical and dental" as a permitted use. • The landscape plan identifies three (3) — 5 -foot to 6 -foot tall Skyrocket Junipers located north of the proposed shed. Eagle City Code Section 8 -2A -7(E) requires evergreen trees to be a minimum of 6 -foot to 7 -foot tall. The applicant should be required to provide a revised landscape plan showing the Skyrocket Juniper trees to be a minimum of 6 -foot to 7 -foot tall. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan identifies shrubs adjacent to the south elevation where the stairwell to the Page 8 of 14 K:\Planntng Dept\Iiaglc Applications\Dr\2018\DR-02-l8 Medical Office Bldg in Ashbury BP No. I drl.docx basement is located. The applicant should be required to provide a revised landscape plan showing all shrubs relocated outside of the stairwell. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan identifies drainage swales located to the east and south of the building; however, the plan does not identify the specific landscape material (i.e. grass, rocks, etc.), to be used in the construction of the drainage swales. The applicant should be required to provide a revised landscape plan that identifies the specific material (i.e. grass, rocks, etc.) to be used in the construction of the drainage swales for review and approval by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan does not identify a proposed ground cover where the batting cages are located north of the building. The applicant should be required to provide a revised landscape plan showing the type of proposed ground cover. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board. • The applicant's justification letter states that architectural style of the building is "English Cottage" which is one of the nine architectural styles within the Eagle Architecture and Site Design Book. In addition, the justification letter states that the building was designed to match the architectural style of the office building located on Lot 2, Block 1, within Ashbury Business Park Subdivision No. 1. Staff defers comment regarding building design, colors, and commercial landscaping to the Design Review Board. 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 February 22, 2018. at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 1:52:32) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the design of the proposed medical office building and affirm it is harmonious with the other office building within the subdivision. • The Board is in favor of not requiring 25% planer change on the storage shed stucco walls, specifically the proposed windows which may pose a safety concern. BOARD RECOMMENDATION: The Board voted 5 to 0 (Grubb and Brasher absent) to approve DR -02-18 for a design review application to construct a medical office building, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR -08-14. 2. Provide a revised landscape plan showing the Skyrocket Juniper trees to be a minimum of 6 -foot to 7 - foot tall. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a Page 9 of 14 K:U'lanning Dept\Eagle Applicauons\DA2018\DR-02-18 Medical Office Bldg in Ashbury BP No. 1 drf.docx zoning certificate. 3. Provide a revised landscape plan showing all shrubs relocated outside of the stairwell. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide a revised landscape plan that identifies the specific material (i.e. grass, rocks, etc.) to be used in the construction of the drainage swales for review and approval by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide a revised landscape plan showing the type of proposed ground cover (near the batting cages). The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board. 6. Provide a copy of the Ashbury Business Park Homeowner's Association approval of the building architecture prior to the issuance of a zoning certificate. 7. Approval of the lot line adjustment for Lots 3 and 4, Block 1, is required prior to submittal of a building permit. 8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 9. 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. 10. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 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 that shows the location, materials. and colors of all gutters and downspouts. The revised building elevations shall be reviewed and approval bv_ staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 15. Provide a revised landscape plan showing river rock in the base of all drainage swales, one additional tree in the lawn area at the north end of parking lot, and a plant schedule that labels all plant materials on the site. 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. 16. Provide cutsheets of the proposed batting cages (utilized for therapy during office hours) that show the materials and colors. The batting cage cutsheets shall be reviewed and approved bv_ staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 17. Provide a revised shed elevation showing the removal of the proposed windows on the north. south, and east elevations. The revised shed elevation 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, Page 10 of 14 K:\Planning Dept\Eagle Applications \Dr\2018\DR•02.18 Medical Office Bldg in Ashbury BP I dr( d•• x 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 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. Page 11 of 14 K:'Planning Dcpt Eaglc Applications \Dr\2018\DR-02-18 Medical Office Bldg in Ashbury BP No. I drr.docx 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 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. Page 12 of 14 K:U'lanning Depl\I aglc Applicauons\Dr\2018\OR-02-18 Medical Office Bldg in Ashbury BI' No. 1 drf.docx 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 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 -02-18) 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 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: Page 13 of 14 K:\Planning Dept\liaglc Applications\Dr\2018\DR-02-I8 Medical Office Bldg in Ashbury 131' No. 1 drI docx A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a medical 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 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 meets the required parking for a medical office building; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, will enhance the continuity of thematically common landscape architectural features since the proposed building has been designed with quality materials and similar features utilized on the existing office building 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 similar features utilized on the existing office building within the subdivision and is in conformance with the Eagle Architecture and Site Design book; 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; 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 residential and commercial 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 subdivision, and will not cover or detract from desirable architectural features. DATED this 8' day of March 2018. DESIGN REVIEW BOARD OF THE CITY OF AGLE Ada Coy y,Idah Rob rt Grubb, Chairman ATTEST: Sharon K. Bergmann"Eagle City Clerk Otill v.GLE '•., OOOOOOOOOOOOOOOO 47.4::. .� Q 3v Z!,' de ti 49 STA p••. Page 14 of 14 K \Planning Dept\Iagle Applications i)A2018\DR-02.18 Medical Office Bldg in Ashbury BP No. I drfdocx