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Findings - DR - 2023 - DR-52-22 - Ashbury Commerical Subdivision - Atlas Research and Development Building in Ashbury Commerical Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) DESIGN REVIEW FOR ATLAS RESEARCH ) AND DEVELOPMENT BUILDING IN ASHBURY ) COMMERCIAL SUBDIVISION FOR FUNNEL ) PROPERTIES,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-52-22 The above-entitled design review application came before the Eagle Design Review Board for their action on January 26,2023.The Board continued this item to March 9,2023,and made their decision at that time. The Eagle 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: Funnel Properties, LLC,represented by Jason Yates with Element Design Build, is requesting design review approval for a two story, 16,830-square foot research and development building.The 1.17-acre site is located on the south side of West Bavaria Street approximately 830-feet west of North Meridian Road at 3475 West Bavaria Street within Ashbury Commercial Subdivision(Lot 7-9,Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 16, 2022. Revised information(civil, landscaping,architectural plans)was received November 23,2022. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on July 11,2022,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 24, 2017, the Eagle City Council approved a design review application for the common area landscaping and trash enclosure within Ashbury Business Park Subdivision No.2(DR-42-17). On November 16, 2017, the Eagle City Council approved a final plat application for Ashbury Commercial Subdivision(fka Ashbury Business Park Subdivision No. 2)(FP-19-17). For additional property history see: CPA-09-06,A-19-06IRZ--25-09&PP-19-06,FP-08-07, FP-01-08, CPA-5- 08&A-03-08IRZ--8-08,A-04-09IRZ-04-09,RZ-04-09 MOD,PP-02-13,FP-12-13, EXT-03-16, DR-08-14, and DR-23-16. E. COMPANION APPLICATIONS:None. Page 1 of 24 KAPlanning Dept\Eagk Applications\13r\2022\Atlas Research and Dev.Bldg in Ashbury 1311-52-22Vtesearch and Dev.Bldg in Ashbury drf docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood MU-DA(Mixed Use with a Vacant Lot within Ashbury Residential,Transition development agreement) Commercial Subdivision Overlay Proposed No Change No Change Research and Development Building North of site Neighborhood MU-DA(Mixed Use with a Single-family Residential Residential,Transition development agreement) (Ashbury Subdivision No. Overlay 4) South of site Mixed Use(Meridian TN-C(Traditional Chinden Boulevard/Vacant designation) Neighborhood—Center— Land Meridian designation) East of site Professional MU-DA(Mixed Use with a Office Building(Click Office/Business Park development agreement) Funnels) West of site Neighborhood MU-DA(Mixed Use with a Vacant lot within Ashbury Residential,Transition development agreement) Commercial Subdivision Overlay 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,sidewalk,paved parking,a trash enclosure,and common area landscaping as part of Ashbury Commercial Subdivision. Page 2 of 24 KAPlaoning Dept\Eagle Applications\M2022Wtlas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf.docx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.17-acres(50,965-square feet) 5,000-square feet(minimum) Percentage of Site Devoted 20%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 35%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 38-parking spaces* 37-parking spaces(minimum) Front Setback(North) 36-feet 20-feet(minimum) Rear Setback(South) 61-feet 20-feet(minimum) Side Setback(East) 12.5-feet 12.5-feet(minimum) Side Setback(West) 25-feet 12.5-feet(minimum) 'Note: 135-parking spaces total within Ashbury Commercial Subdivision with a cross parking agreement. K. PARKING ANALYSIS: Gross Floor Area of Proposed Research and Development Building: 16,830-square feet Communication Facilities— 1-parking space per 500-square feet 10,365/500=20.73-parking spaces Library— 1-parking space per 400-square feet 6,465/400= 16.16-parking spaces • Eagle City Code Section 8-4-5 requires 1-parking spaces per 500-square feet of gross floor area for communication facilities and 1-parking space per 400-square feet of gross floor area for a library: Proposed Parking Spaces: 38 *Ashbury Commercial Subdivision has a total of 135 existing parking spaces(including 39-parking spaces located on this site)to be utilized by the nine pad sites as permitted within the cross-parking agreement(Note No. 1 on the recorded plat for Ashbury Commercial Subdivision). Required Parking Spaces: 37 (calculated based upon the above use identified in Eagle City Code Section 84-5: "Communication Facilities"and"Library") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one(1) building to be utilized as a research and development building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately thirty-five foot(35')high two-story structure. Gross Floor Area of Proposed Buildings: The proposed research and development building is approximately 16,830-square feet. On and Off-Site Circulation: A 54,192-square foot (approximately) paved parking lot will provide parking for vehicles using the nine(9)pad sites within Ashbury Commercial Subdivision. Two twenty-four foot (24') wide shared Page 3 of 24 KAPIa ing DepAliagle Applicatio \Dr\2022Udas Research and Dev.Bldg in Ashbury DR-52-22\Research end Dev.Bldg in Ashbury drf.dacx driveways are located on the north property line providing access to West Bavaria Street. M. BUILDING DESIGN FEATURES: Proposed Building Design:Prairie School Roof. Single ply membrane(light gray) Walls: Vertical wood composite panel (Aged Ash), vertical metal panel (Charcoal Grey), tilt-up concrete(Rough Sawn Cedar) Windows/Doors:Aluminum(Bronze),insulated laminated clear glass glazing Fascia/Trim: Exposed steel (Dark Bronze), metalworks linear — synchro ceiling planks (Effects Sesame) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are 25-existing trees on the site. There are five trees along the east property line that the applicant is proposing to remove. Below is a list of all existing trees proposed to be retained and removed from the site as identified on the salvage plan, date stamped by the City on November 23,2022. Tree Tree Specie Caliper/H Condition Remove/Retained Replacement Number eight Inches/Feet per ECC 1 Red Maple 2" Good Retain N/A 2 Red Maple 2" Good Retain N/A 3 Hornbeam 2" Good Retain N/A 4 Lodge Pole 15' Good Retain N/A Pine 5 Norway 20' Good Retain N/A Spruce 6 Norway 30' Good Retain N/A Spruce 7 Box Elder 13" Good Retain N/A 8 Northway 20' Good Remove 20' Spruce 9 Box Elder 15" Good Remove 15" 10 Norway 20' Good Remove 20' Spruce 11 Norway 20' Good Remove 20' Spruce 12 Blue Spruce 20' Good Remove 20' 13 Hornbeam 2" Good Retain N/A 14 White Bark 20' Good Retain N/A Pine 15 Hornbeam 2" Good Retain N/A 16 White Bark 25' Good Retain N/A Pine Page 4 of 24 KAPIa ing DeptTagle ApplicationADA2022\Adu Research and Dev.Bldg in Ashbury DR-52-22\Rmarch and Dev.Bldg in Ashbury drt'.docx 17 Box Elder 14" Good Retain N/A 18 Lodge Pole 30' Good Retain N/A Pine 19 Lodge Pole 20' Good Retain N/A Pine 20 Lodge Pole 20' Good Retain N/A Pine 21 Hornbeam 2" Good Retain N/A 22 Red Maple 10" Good Retain N/A 23 Red Maple 10" Good Retain N/A 24 Red Maple 10" Good Retain N/A 25 Norway 20' Good Retain N/A Spruce Total caliper inches/feet of trees required to be 80' replaced on site 15" Total caliper inches proposed for mitigation 44" Total height proposed for mitigation 0' Tree Replacement Calculations: The applicant is proposing to remove 5-trees from the site totaling 80-feet of conifer trees and 15- caliper inches of deciduous trees. The applicant is proposing to add 22, 2-inch caliper trees to the site towards mitigation and overall site landscaping. See page 17 for discussion. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: Street trees exist along West Bavaria Street (installed with Ashbury Subdivision No. 4 common area landscaping). Maintenance Provisions and Proposed Irrigation Methods:Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: a. Perimeter Landscaping: The perimeter landscaping around the parking lot was installed with the common area landscaping within Ashbury Commercial Subdivision(DR-42-17). b. Interior Landscaping: The interior landscaping was installed with the common area landscaping within Ashbury Commercial Subdivision(DR42-17). O. TRASH ENCLOSURES: There is one existing 254-square foot trash enclosure located near the north property line between the two(2)shared driveways on West Bavaria Street. The enclosure is constructed of CMU walls with stone veneer,a concrete cap and bronze metal gates;all of which will match the materials and colors used in the construction of the future buildings. Page 5 of 24 KAPlanning Dept\Eagle Applications\W2022Wtlas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dm.Bldg in Ashbury drf docx P. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened by screen walls. No rooftop mechanical units are proposed and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan was previously approved with the Ashbury Commercial Subdivision common area landscaping(DR42-17).Detailed lighting cut sheets for one decorative hanging light and one well light have been provided with this application. 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 issuance of any building permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Meridian Fire Department has been received by the City. The site is located within Veolia Water service area and within the boundaries of the Eagle Sewer District. T. PUBLIC USES PROPOSED:None. U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. V. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain-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 Meridian Fire Department Y. LETTERS FROM THE PUBLIC:None received to date. Page 6 of 24 KAPlanning Dept\Eagle Applications\M2022\Adas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drtdo Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a.The ordinance and standards used in evaluating the application; b.The reasons for the approval or denial; c.The actions,if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; g. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and i. Will have signs, if proposed,that are harmonious with the architectural design of the building and the adjacent buildings,and will not cover or detract from desirable architectural features. THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE DESIGN REVIEW BOARD'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: Neighborhood Residential Suitable for single family residential.Densities range from 2 units per acre to 4 units per acre. Page 7 of 24 KAPlarming Dept\Eagle ApplicationsOA2022Wtlas Research and Dev.Bldg in Ashbury DR-52-22\Rmmh and Dev.Bldg in Ashbury drf docx Residential Transition Overlay Residential development that provides for a transition between land use categories and uses.Commonly requires a transition/change in density,lot sizing,and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay.Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDINT 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 is 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. 3.6 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. 3.7.1 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: Research and Development 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 Castelbury 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 attorney 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. Page 8 of 24 KAPlanning DepAEagle Applicanons\13A2022Udas Research and Dev.Bldg in Ashbury DR-52-22Utesearch and Dev.Bldg in Ashbury drtdocx 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. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6: DESIGN REQUIREMENTS,OBJECTIVES AND CONSIDERATIONS: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA,TDA,CEDA,and DSDA. Additional requirements for the DDA,TDA,CEDA,and DSDA are set forth in subsections C through G of this section and,to the extent there is a conflict with this section,the requirements for the DDA,TDA, CEDA,and DSDA shall control.The following,including the provisions set forth in the Eagle Architecture and Site Design Book,contains a listing of objectives applied to each application,and a listing of matters which shall be considered by the Design Review Board. The objectives are separated into two(2)sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors,and whether, aesthetically,the composition,materials,textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets,provide for the pedestrian,and provide appropriate,safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties through the proper use of screening with sound and sight buffers,and unsightly areas shall be concealed or screened and the design review board shall consider: a. The location,height,and materials of walls, fences,hedges and screen plantings to ensure harmony with adjacent development; b. The location and type of new plantings, with due regard to preservation of specimen and landmark trees,and to maintenance of all plantings; c. The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas,trash receptacles,service areas,truck loading areas, utility buildings and other unsightly developments; Page 9 of 24 KAPI u in Dept\Eagle Applications\DA2022\A&s Research and De Bldg in Ashbwy DR-52-22\Rcw ch and De Bldg in Ashbury M.docz 5. Utilities: Utility service systems shall not detract from building or site design.Cable, electrical,and telephone service systems shall be installed underground,and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; 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); c. The location and sizes of all utility lines,manholes,poles,underground cables,gas lines,wells,and similar installations;and 6. Building Design: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies,bays,porches,covered entries, overhead structures,awnings,changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass,shadow relief,and existing area development. Use of color to provide blending of materials with the surrounding area and building use,and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. B. Architectural Requirements,Building Materials, Fence And Deck/Patio Materials,Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator,the design review board,and the city council,whichever the case may be,to determine the appropriateness of such material. 1. Exterior walls and soffits: a. Wood: cedar(clear)and redwood(clear)-architectural/premium grade. Log siding, wood shingle are permitted for accent only,twenty five percent(25%)maximum wall coverage(per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. b. Fiber cement; Page 10 of 24 KAPlanning Dept\Eagle Applications\DA2022\Atlas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf.docx c. Masonite: horizontal lap only,maximum six inch(6")reveal; d. Vinyl: 0.46 millimeter minimum thickness,integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; g. Masonry: brick,natural rock/stone,synthetic stone,decorative block. Smooth face block for accent only,ten percent(10%)maximum wall coverage(per each facade); h. Stucco: Twenty five percent(25%)planer change required,additional accents shall be incorporated through the use of other material(s); i. EIFS:Permitted for accent only,ten percent(10%)maximum wall coverage(per each facade).Additional accents required through the use of other materials; j. Additional encouraged material: exposed beams,fabric awnings,cornices/dentils, shutters,dormers,cupolas,columns; k. Metal: Metal siding shall be anodized, shall have a concealed fastener system,shall have a factory finish or equivalent,and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road. Metal siding shall also be prohibited in the DDA,TDA,CEDA design review overlay district areas. It is not the intent of these metal siding requirements and prohibitions to inhibit creative and innovative architecture. Therefore,alternative building designs that utilize metal,not specifically meeting the requirements herein,may be pennitted where the applicant shows,and the City Council finds that the metal is: architecturally compatible with surrounding buildings; architecturally compatible with other nonmetal buildings in the area;attractively landscaped when feasible;and is designed to equal or exceed the city requirement to eliminate the stark utilitarian look intended to be prevented by this subsection. 2. Roofs: a. Wood shakes/shingles:premium on number 1 grade; b. Architectural grade textured composition shingles; e. Metal; standing seam,batten seam(concealed fasteners required); f. Flat roof specification: single ply,built up(both nonreflective). 3. Fences: a. Block(with columns),which may include brick,rock,stone or similar veneer; b. Brick(with columns); 5. Colors: a. Earthen tones are encouraged. b. Flat or low gloss finishes are encouraged. Page 11 of 24 KAPlanning Dept\Eagle Applicant \Dr\2022Wtlas Research and Dev.Bldg in Ashbury DR-52-22\Rmwcb and Dev.Bldg in Ashbury drf dacx d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors of the building. • Eagle City Code Section 8-2A-7: LANDSCAPE AND BUFFER AREA REQUIREMENTS: C. Retention,Removal,And Replacement Of Trees: 1. Retention Of Existing Trees: a.Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed,replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed,an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch(8")caliper deciduous tree is removed,an acceptable replacement would be four(4)two inch(2")caliper deciduous trees. A twelve foot (12')tall coniferous tree is removed,an acceptable replacement would be two(2)six feet(6')tall coniferous trees. c.Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat,removal of the following trees shall not otherwise require replacement: black locust,poplar,cottonwood,willow, tree of heaven,elm, and silver maple. Trees which are weak wooded,weak branched,suckering,damaged, diseased, insect infested,or containing similar maladies may be exempt from replacement if removal is first approved by the city. 3. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark,branches,or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree shall be replaced in accordance with subsection C2 of this section. 4. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'),or to the drip line,whichever is furthest from the trunk. 5. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. D. Prohibited Materials And Landscaping: 2. Clear vision triangle shall be observed in regard to all vegetation. All shade trees planted within vision triangles and adjacent to any street shall be pruned to a minimum seven feet (T)above the adjacent sidewalk and fourteen feet(14')above the adjacent roadway surface. Shrubs and ground covers planted within the vision triangle shall not exceed three feet(3')height at maturity. The boundaries of the vision triangle are defined by measuring from the intersection of the edges of two(2)adjacent roadways forty feet(40') along each roadway and connecting the two(2)points with a straight line. The sight distance obstruction is also applicable to railroad-highway grade crossings with the vision triangle defined by measuring forty feet(40')along the railroad property line. In all cases, ITD and ACHD standards shall apply also. Page 12 of 24 KAPlanning DeptTagle Applications0r\2022Wdas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf.docx E. Installation And Minimum Standards: 1. Trees shall be planted in accordance with the city of Eagle tree planting specifications included as an exhibit within the EASD book. Accepted nursery standards and practices shall be followed in the planting and maintenance of landscaped areas. 2. Soil and slope stabilization must result after landscape installation. 3. Root barriers shall be installed for all new trees planted adjacent to existing or proposed public or private sidewalks and paving. 4. The minimum acceptable size for deciduous trees shall be two inch(2")caliper,balled and burlapped. 5. The minimum acceptable size for evergreen trees shall be six feet(6')to seven feet(T) balled and burlapped. 6. Plant material selection shall be taken from subsection Q of this section. 7. All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing material. 8. a. Certification Of Completion: Upon the completion of the landscape installation,or other improvement subject to design review approval,a written certification of completion shall be prepared by the licensed landscape architect responsible for the landscape plan. The certification of completion shall state that the installation of all landscape improvements is in substantial compliance with the city approved landscape plan. This certification shall be submitted prior to the issuance of a certificate of occupancy and is required as a part of,and not in lieu of,the inspections performed and certificates issued by the city. b. Report Of Deficiencies: In the event that deficiencies are present after the landscape installation,or other improvements subject to design review approval,the licensed landscape architect shall prepare and file with the city a report noting the deficiencies in the improvements. The city will not accept a certification of completion,or issue a certificate of occupancy,until the licensed landscape architect has verified that the deficiencies have been corrected. c. Landscape Architect Designee: The licensed landscape architect may,at his or her discretion, appoint an authorized designee to certify the project provided that the designee is a licensed landscape architect. I. Irrigation Required: An underground automatic irrigation system is required for all development as defined in section 8-2A-t of this article. 1. All required landscaped areas must be provided with an automatic underground irrigation system. 2. The system shall be equipped with a reduced pressure backflow prevention device. 3. The system shall be designed and constructed to provide one hundred percent(100%) spray coverage. 4. Wherever feasible, sprinkler heads irrigating lawn or other high water demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery or other reduced water demand areas. 5. Sprinkler heads shall be placed as required to reduce direct overthrow onto nonpervious areas(walks,drives, etc.). Page 13 of 24 KAPlanning DepfiEagle Applicatio \Dr\2022\Adw Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drtdwx 6. The use of low trajectory spray nozzles is encouraged in order to reduce the effect of wind velocity on the spray system. 7. Use of nonpotable water for use in the irrigation of lawn and plant material is required when determined to be available. 8. All nonpotable water access points shall be clearly and permanently labeled with markers indicating that the water is not safe for human consumption. 9. Maintain all irrigation systems to ensure proper operation and water conservation. P. Plan Preparation: Preparing a landscape plan requires special skills. Landscaping involves more than a simple arrangement of plants with irrigation;plants are not haphazardly placed in a way that fills up leftover space. Landscape plans should reflect a theme so that site elements are artfully and technically organized in a way that conveys meaning,coherence,and spatial organization. Landscaping should enhance the physical environment as well as the project's aesthetic character. Therefore, landscape plans to be submitted for approval shall be prepared by or under the responsible control of a licensed landscape architect with said plans to be duly stamped to clearly identify the preparer. • Eagle City Code Section 8-4-4-2:ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS: A. Site And Building Lighting: l. 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. 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. Page 14 of 24 KAPlanning DepMnle Applications0r\2022\Adas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf docx 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. D. DISCUSSION: • The applicant is requesting design review approval to construct a 16,830-square foot, two story, research and development building. Pursuant to development agreement condition no.3.3,all commercial development within Ashbury Commercial Subdivision is required to be consistent with the Castlebury West Business Park architectural style and generally consistent with the Eagle Architecture and Site Design Book.The Castlebury West Business Park development agreement doesn't specify a specific architectural style required; however, all existing buildings within the development went through the design review process and were identified to be designed utilizing the Craftsman style of architecture.The existing buildings within Ashbury Commercial Subdivision went through the design review process and were identified to be designed utilizing the Craftsman style of architecture. The applicant's justification letter states the design of the proposed building is Prairie School style. The rich wood cladding in combination with the board formed concrete harmonizes with the surrounding residences and office complex,and the low sloped roof also keeps the building low to the ground and blends into the surrounding pitched roofs. Proposed Building Existing Buildings within Castlebury West Business Park and Ashbury Commercial Subdivision EWca,r~ Page 15 of 24 KAPlanning Dept\Eagle Applications\DA20MAtlas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf.docx 1`\ mom _ w OEM= ..r.- IPF v 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. Page 16 of 24 KAPlanning Dept\Eagle Applications\Dr\2022\Adw Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf.docz Staff defers comment regarding building design,materials,and colors to the Design Review Board. • Sheet DR200 shows metal siding proposed on the south, east, and west building elevations. Pursuant to Eagle City Code Section 8-2A-6(B)(1)(k),metal siding is prohibited on any portion of any building facing a road. Metal siding may be allowed where the applicant shows the metal is architecturally compatible with surrounding buildings; architecturally compatible with other nonmetal buildings in the area, is attractively landscaped, and is designed to equal or exceed the city requirement to eliminate the stark utilitarian look intended to be prevented by this section. Staff defers comment regarding the metal siding to the Design Review Board. • Sheet L-001.0 shows 25 existing trees on the site.The applicant is proposing to retain 20 trees and remove 5-existing trees from the site. The trees proposed for removal are Norway Spruce, Box Elder, and Blue Spruce trees and are all in good condition. The required mitigation for the trees proposed for removal is 80-feet(conifer)and 15-caliper inches(deciduous)which is a total of 22- trees. The applicant is proposing to add an additional 22, 2-inch caliper trees to the site towards mitigation. If the City approves the removal of the trees and does not require mitigation,no additional trees are required. • Sheets L-08.0 and L-09.0 show the location and lighting detail for 32 well lights that illuminate the trees around the site from the ground up.It is unclear if the well lights have a shield to project the lights on the trees but not up. Pursuant to development agreement condition no. 3.11.2, all commercial uses are subject to dark sky lighting. Pursuant to Eagle City Code Section 8-44-2,all site and building lighting is required to 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. The applicant should be required to provide a revised lighting cut sheet showing all proposed lighting to be recessed or shielded to direct all light downward. The revised cut sheet should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Sheet L-006.0, shows additional landscaping located in one of the interior landscape islands. All landscaping within the interior landscape islands of the existing parking lot were installed with the common area landscaping for Ashbury Commercial Subdivision. 4 , r - - - - ee fiY ,a 4 _ - I Page 17 of 24 KAPlanning DeptTagle ApplicationAW2022Wdas Research and Dev.Bldg in Ashbury DR-52-22\11esearch and Day.Bldg in Ashbury drtdocx 'r r` The applicant should be required to provide a revised landscape plan showing the landscaping within the interior landscape island located near the southwest corner of the building to remain as previously installed.The revised landscape 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 January 26,2023, at which time the Board made their decision. BOARD DELIBERATION: On January 26, 2023, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is not in favor of the proposed building style, materials, and colors. The Board requested revisions to the building elevations to help break up the large plains and massing,provide materials and colors that will complement the buildings in the vicinity, and modify the building so it is harmonious with other existing buildings within the area. • The Board is not in favor of the proposed landscaping due to the type of plants proposed, lack of evergreen plant material, concerns with the viability of the proposed plants in Idaho climate,and lack of year round aesthetic. PUBLIC MEETING OF THE BOARD: B. A meeting to consider the application was held before the Design Review Board on March 9,2023,at which time the Board made their decision. BOARD DELIBERATION: On March 9,2023,upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the applicant's revised building elevations, date stamped by the City on February 24,2023. The Board made this determination based on: - The colors and materials are similar and complement buildings in the vicinity. Page 18 of 24 KAPlanning Dept\Eagle ApplicationADA2022\Adas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf docx - The buildings should not all be identical. - The building has a substantial setback from West Bavaria Street and Chinden Boulevard. - Additional buildings will be built in the subdivision that will help blend the architectural styles. - Three lots were combined into one lot to provide for one large building instead of three small buildings. - Ashbury Subdivision ACC approved the site,landscaping,and building elevation plans. - The metal siding is used for accents and is a quality product. • The Board is in favor of the revised landscape plan, date stamped by the City on February 24, 2023, with the revised plant materials,addition of evergreen plant material,and retaining all trees on the site. BOARD DECISION: The Board voted 6 to 1 (Greer against)to recommend approval of DR-52-22 for a design review application for a two story, 16,830-square foot research and development 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 and text shown with strikethrough to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-04-09 MOD/PP-02-13,and DR-42-17. 2. -1-f-t-he City appFeves the r-efaeval of the tf-ees and does not r-equir-e mitigatien,no additional trees e&e The revised tree inventory plan, date stamped by the City on February 24, 2023,shows all existing trees to be protected and retained. 3. Provide a revised lighting cut sheet showing all proposed lighting to be recessed or shielded to direct all light downward.The revised cut sheet shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide a revised landseape plan skewing the landsoapilIg il;rithin thig intelier-landseape island Jerated near-the southwest eemer-of the building to remain as previously installed.Thea,Fewisead-1-aafidse"e piem- sh ll be reviewed and., ed by staff prior-to the issuanee F a zoning r-ti fi + The revised landscape plan, date stamped by the City on February 24, 2023, shows the landscaping located within the interior landscape island located near the southwest corner of the building to remain. 5. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 6. 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. 7. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. No rooftop mechanical units are proposed with this application and none are approved. 10. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 11. No signs are proposed with this application and none are approved. Page 19 of 24 KAPlanning DeptTagle Applicatiow0r\20MAtlas Research and Dev.Bldg in Ashbury DR-52-22\11=arch and Dev.Bldg in Ashbury drf dacx 12. Provide a revised landscape plan showing the location of the ground cover plant material. 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. 13. Provide written approval from the Ashbury Commercial Subdivision ACC for the revised site landscape,and building elevation plans.The written approval shall be submitted to the City prior to the issuance of a zoning certificate. 14. Provide a detail for the water feature located on the west side of the building adjacent to the plaza area showing style,materials,colors,how the water feature is constructed etc.The detail 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 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. Page 20 of 24 KAPlaoning Dept\Eagle Applications\M2022\Adw Research and Dev.Bldg in Ashbury 1311-52-22\11 s rch and Dev.Bldg in Ashbury drf docx 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: 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. Page 21 of 24 KAPlanning Dept\Eagle Applications\Dr\20221Atlas Research and Dev.Bldg in Ashbury DR-52-22\Research and Dev.Bldg in Ashbury drf docx 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 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). Page 22 of 24 KAPlanning Dept\Eagle Applications\DA2022 Adw Research and Dev.Bldg in Ashbury DR-52-22\11much and Dev.Bldg in Ashbury drf docx 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-52-22) 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 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 a research and development 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 with materials and colors associated with the Prairie School and Craftsman architectural styles 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 the required number of parking spaces associated with the research and development building; 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 with quality materials, is of similar height of surrounding buildings, and has been designed to 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 building has been designed to complement the style of architecture of existing buildings within the vicinity and has similar materials and colors; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building location exceeds the required setbacks from the streets it fronts and is in conformance with the allowed height 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 there are walkways throughout the 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 center in the area;and Page 23 of 24 KAPlanning Dept\Eagle Applications\W2022Wtlas Research and Dev.Bldg in Ashbury DR-52-22\Resesrch and Dev.Bldg in Ashbury drf docx 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 23`d day of March 2023. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho Robert Grubb,Chairman ATTEST: NGLE •' TF•��F Tracy E.Os rn,lEagle City Cl@'rt Q� •� U ,0, Page 24 of 24 KAPlanning Dept\Eagle Applications\Dr\2022Wtlas Research and Dev.Bldg in Ashbury DR-52-22\Rcwach and Dev.Bldg in Ashbury drtdocx