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Findings - CC - 2019 - DR-57-18 - Construct A Multi Tenant Office BuildingBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A MULTI -TENANT OFFICE BUILDING FOR HAWKINS COMPANIES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -57-18 The above -entitled design review application came before the Eagle City Council for their action on January 22, 2019. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Hawkins Companies, represented by Brandon Whallon, is requesting design review approval to construct a 65,064 -square foot multi -tenant office building 2nd, and 3`d Floor Square Footage = 21,688/each). The 3.93 -acre site is located on the northwest corner of East Eagles Gate Drive and East Colchester Drive within Lakemoor Commercial South Subdivision (Lot 1, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on November 8, 2018. Revised materials were received by the City on November 30, 2018 (sheet E1.0, cut sheet for metal roof, and sheet WL 1 lighting detail), December 4, 2018 (sheets AS201, AS202, and AS203), and December 5, 2018 (sheets AS 101, L1.00, L1.10, and L1.50). C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on November 14, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2- 91/ PP -91) for Fall Creek Subdivision. On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2- 91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since lapsed. On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement) for this site for B.W. Eagle, Inc. On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 - acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05). On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05). Page 1 of 15 K:U'lanning Deptlliaglc ApplicationslDr120181DR-57-18 Three Story Office Bldg in Lakemoor Commercial South Sub ccf.docx On June 19, 2007, the City Council approved a modification to the development agreement for DMB Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD). On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC (FP -04-06). On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until December 8, 2011 (EXT -21-09). On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until December 8, 2012 (EXT -08-11). On February 26, 2013, the City Council approved a development agreement modification to convert two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2). On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231 buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot) residential subdivision for DMB Investments, LLC (PP -03-05 MOD). On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB Investments, LLC (FP -04-13). On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB Investments, LLC (FP -07-13). On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB Investments, LLC (FP -08-15). On February 23, 2016, the City Council approved a modification to the development agreement for William Shultz (RZ-05-02 MODS). On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for Hawkins Companies, LLC (FP -02-16). On August 9, 2016, the City Council approved a rezone with development agreement, development agreement modification, (development agreement in lieu of a PUD), and a preliminary plat modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03- 05 MOD2). On September 13, 2016, the City Council denied a development agreement modification (development agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS). On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to deny the development agreement modification (development agreement in lieu of a PUD). The City Council directed staff to provide public notice for a reconsideration public hearing regarding the development agreement modification (development agreement in lieu of a PUD) to occur on October 25, 2016 (RZ-05-02 MODS). On October 25, 2016, the City Council approved a development agreement modification (development agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS). Page 2 of 15 K:U'lanning Ikpt\Gagk Applications1Dr1.2Q181UR-57-IR Three Story Office Bldg in Lakemoor Commercial South Sub ccl.docx On June 27, 2017, the City Council approved the final plat for Lakemoor Commercial South Subdivision for Hawkins Companies (FP -11-17). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU -DA (Mixed Use with a Lakemoor Commercial development agreement) South Subdivision, vacant land Proposed No Change No Change Multi -tenant office building North of site Mixed Use MU -DA (Mixed Use with a Multi -tenant Office development agreement) Building (TSheets) (Lakemoor Commercial Subdivision) South of site Mixed Use MU -DA (Mixed Use with a Single-family residential development agreement) (Lakemoor Subdivision) East of site Mixed Use MU -DA (Mixed Use with a Single-family residential development agreement) (Lakemoor Subdivision) West of site Mixed Use, MU -DA (Mixed Use with a Commercial Entertainment Neighborhood development agreement), R- Facility (The Luxe Real Residential 2-P (Residential — PUD) Theatre) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk adjacent to East Colchester Drive and East Eagles Gate Drive as part of Lakemoor Subdivision. Page 3 of 15 K:U'lanning 1 kptU:aglc ApplicationelIr1201811 /R-57-18 Three Story Office Bldg in Lakemoor Commercial South Suh cct docx 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 s Side Setback PROPOSED 3.93 -acres (171,190 -square feet) 12.84% total (approximately) Office Building 12.7% (approximately) Bike Enclosure .14% (approximately) 15% (approximately) 338 -parking spaces 20 -feet (North)* 20 -feet (South)* 20 -feet (East)* 131 -feet (West)* REQUIRED 5,000 -square feet (minimum) 50% (maximum) 10% (minimum) 261 -parking spaces (minimum) 20 -feet (minimum) 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) *Note: Setbacks are measured from the property line to the closest structure. J. PARKING ANALYSIS: Gross Floor Area of Proposed Office, business and professional: 65,064 -square feet Office. business and professional — 1/250 square feet 65,064/250 = 261 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 250 -square feet of gross floor area: Proposed Parking Spaces: 338 Required Parking Spaces: 261 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office, business and professional") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct two buildings to be utilized as a multi -tenant office building and bicycle enclosure. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 57' 4" high three-story multi -tenant office building (45' 4" roof deck) and a 9' 6" high one-story bicycle enclosure. Gross Floor Area of Proposed Buildings: The proposed multi -tenant office building is approximately 65,064 -square feet and the bicycle enclosure is approximately 240 -square feet. On and Off -Site Circulation: A 90,876 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 34 -foot wide driveway is located on the east property line which provides access to East Colchester Drive. One 30 -foot wide driveway is located on the south property line which provides access to East Page 4 of 15 K:1l'Ianning D, ptlliagk Application+ll)r12uIxUtR•57•lK Thati Story t)rticc Illdg in tak,monr Commercial South Sub cadocx Eagles Gate Drive. In addition, there is a cross access agreement with the properties to the north and west. L. BUILDING DESIGN FEATURES: Office Building: Roof: TPO (white), Standing Seam Metal (black, dark bronze) Walls: Polished CMU Veneer (White Limestone, Charcoal), EFIS (Albescent, Mexican Sand) Windows/Doors: aluminum (black), low -emissivity coded insulated glass (PPG Atlantica Green) Fascia/Trim: steel coping (dark bronze), metal steel tube (dark bronze) Bicycle Enclosure: Roof: Standing Seam Metal (dark bronze) Walls: Stucco system over CMU block (SW7519 Mexican Sand), CMU (SW7025 backdrop), Door: Metal (Dark Bronze) Back-up Power Enclosure: Walls: Stucco over.CMU block (SW7519 Mexican Sand), CMU (SW7025 Backdrop) Door: Metal (Dark Bronze) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees adjacent to East Colchester Drive and East Eagles Gate Drive that will be protected and retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: There are existing street trees along East Colchester Drive and East Eagles Gate Drive. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 10% interior landscaping is required, 11% is proposed. N. TRASH ENCLOSURES: One (1) 216 -square foot trash enclosure is proposed to be located near the northeast corner of the building. The enclosure is proposed to be constructed of CMU walls with stucco finish and metal gates; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the mansard roof and parapet walls. The applicant is proposing a 9' 4" high one-story enclosure for the backup power located east of the building. No ground mounted mechanical units are proposed and none are approved. P. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage of all site and building lighting has been provided. Detailed lighting cut sheets have been provided which comply with Eagle City Code Section 8-4-4-2. Page 5 of 15 K:11'lanning DeptV:agle Applications1Dr12U l81DR-57-18 Three Story Office Bldg in Lakemoor Commercial South Sub cet:docx Q. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved prior to any signs being constructed on this building or the site. 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 — street trees adjacent to East Colchester Drive and East Eagles Gate Drive 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 Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Idaho Transportation 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 14, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this Page 6 of 15 K:Wlanning Dept\liaglc ApplicationsU)r1201811)R-57-18 Three Story Office Bldg in lakemoor Commercial South Sub cct.docx land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 The maximum height of commercial buildings shall be 50 -feet; non -habitable architectural elements shall be a maximum of 60 -feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.8 All development on Property shall be consistent with the Commercial Design Guidelines (Exhibit D), attached hereto and incorporated herein by reference. 3.10 Building placement shall be designed such that parking areas are not concentrated between the buildings and Eagle Road. The parking areas depicted on the Concept Plan depicted on Exhibit B are not considered to be concentrated between the buildings and Eagle Road. The side of any buildings facing Eagle Road shall be provided with architectural design elements and architectural relief, as may be approved by the Eagle Design Review Board. 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(B)(1): Exterior walls and soffits: 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; • Eagle City Code Section 8-2A-6(A)(5)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); • Eagle City Code Section 8 -2A -7(E): Installation and Minimum Stardards: 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: Page 7 of 15 K:U'lanning I)eptIlia& Applications\t)A2111811)R-57-1 K Three Story Office Bldg in Lakemoor Commercial South Sub cct:docx c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. • Eagle City Code Section 8 -2A -7(K): Parking Lot Landscaping: 4. Parking Lot Interior Landscaping: b. Additional Requirements: (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2) trees and shrubs, ground cover, or grass. D. DISCUSSION: • The applicant is requesting design review approval to construct a 65,064 -square foot three story multi -tenant building, a 680 -square foot back-up power enclosure, and a 240 -square foot bicycle enclosure. The multi -tenant building materials include stucco and meets the 25% planer change by utilizing other materials. The back-up power enclosure and bicycle enclosure are proposed to be constructed of CMU block with stucco overlay on all elevations and do not meet the 25% planer change. Eagle City Code Section 8 -2A -6(B)(1) requires exterior walls utilizing stucco material to have 25% planer change, and additional accents incorporated. The applicant should be required to provide revised elevation plans for the bicycle enclosure and back-up power enclosure that meet the required 25% planer change. The revised elevation plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The plant schedule on the landscape plan, date stamped by the City on December 5, 2018, does not identify the height of the proposed evergreen trees. Pursuant to Eagle City Code Section 8- 2A -7(E) evergreen trees are required to be six -feet to seven -feet tall at the time of planting. The applicant should be required to provide a revised landscape plan identifying the height of all evergreen trees at a minimum of six -feet to seven -feet tall at planting. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on December 5, 2018, shows landscaping around the bicycle enclosure that is identified as "JS" and "HB," however, the plant schedule does not identify the species of tree or shrub. Pursuant to Eagle City Code Section 8 -2A -7(J), outdoor storage areas are required to be screened from view with a five-foot wide by six-foot high landscape buffer. The applicant should be required to provide a revised landscape plan that identifies all trees and shrubs on the plant schedule and identifies the trees and shrubs around the bicycle enclosure that reach a minimum height of six-foot minimum. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on December 5, 2018, shows sod, trees, and shrubs between the parking lot and the right-of-way along East Colchester Drive and East Eagles Gate Drive. The shrubs identified are Globe Winter Gem Boxwoods and Ivory Halo Dogwood. Pursuant to Eagle City Code Section 8 -2A -7(J)(3), all buffer areas are required to be a mix of trees, shrubs, and ground cover in which a minimum of 60% of the total plant material used is Page 8 of 15 K:II'lanning Dept\Eagle Applications1Dr1201811)R-57-18 Three Story (Mee 13Idg io 1akemoorCommercial South Sub ccUdocx evergreen plant material. The applicant should be required to provide a revised landscape plan showing the buffer area between the parking lot and the right-of-way along East Colchester Drive and East Eagles Gate Drive to be comprised of trees, shrubs, and ground cover with a minimum of 60% evergreen plant material used. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the City on December 5, 2018, shows an interior planter near the northwest corner of the building with only shrubs proposed. Pursuant to Eagle City Code Section 8 -2A -7(K)(4) interior planters for a single row of parking spaces are required to be landscaped with one shade tree and shrubs. The applicant should be required to provide a revised landscape plan showing the addition of a shade tree in the interior planter located near the northwest corner of the building. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • The applicant's justification letter states that the proposed office building complies with the standards identified in the development agreement. The building meets the height requirements allowed and the building has been designed with exterior building materials which include two different colors of CMU Veneer and two different colors of stucco, a mansard roof, window treatments, and entryway elements. Staff defers comment regarding building design and colors 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 December 13, 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 50:35) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the proposed building architecture and how it will complement the overall development. • The Board is in favor of the proposed landscaping with the site specific conditions that will ensure taller landscape plantings are provided around the building to soften the expansive monoplane look of the large wall. • The Board is in favor of requiring the 25% planer change on the back-up power enclosure due to the size, central location, and plain design. BOARD DECISION: The Board voted 3 to 0 (Brasher, Grubb, Koci, and Schafer absent) to recommend approval of DR -57-18 for a design review application to construct a 65,064 -square foot multi -tenant office building within Lakemoor Commercial South Subdivision for Hawkins Companies, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated January 10, 2019. Page 9 of 15 K: Planning Ikpllliagk: Apphcatians11h12t11811)R-57-18 Thmc Story Office Bldg in I4kemoor Commercial South Sub ccl:docx PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on January 22, 2019, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -57-18 for a design review application to construct a 65,064 - square foot multi -tenant office building within Lakemoor Commercial South Subdivision for Hawkins Companies, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-05-02 MODS. 2. Provide revised elevation plans for the back-up power enclosure that meet the required 25% planer change. The revised elevation plans shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan identifying the height of the evergreen trees to be a minimum of six feet to seven feet at planting. 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. 4. Provide a revised landscape plan identifying all trees and shrubs on the plant schedule and identifying the trees and shrubs around the bicycle enclosure and power enclosure that reach a minimum height of six feet. 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. 5. Provide a revised landscape plan showing the buffer area between the parking lot and the right-of- way along East Colchester Drive and East Eagles Gate Drive to be comprised of trees, shrubs, and ground cover with a minimum of 60% evergreen plant material used. 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. 6. Provide a revised landscape plan showing the addition of a tree in the interior planter located near the northwest corner of the building. 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. 7. All roof top mechanical units, hoods, vents, access ladders, etc. shall be completely screened from view by the parapet walls and roof. 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. No ground mounted mechanical units are proposed with this application and none are approved. Page 10 of 15 K:\Planning DeptlEagic Applications\Dr\2011ADR-57-18 Three Story Orrice Bldg in Lakemoor Commercial South Sub ccI docx 13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 14. No signs are proposed with this application and none are approved. 15. Provide an additional detail showing how the building drainage on the slope roof elements will be achieved and how the landscaping around the base of the building can withstand the water run-off. The drainage and landscape detail shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide a revised landscape plan showing taller planting material to be planted around the base of the building in locations that will not block the windows. 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. 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 Page 11 of 15 K:11'tanning Ikpt\l:agk Applications'I)r1201811)R•57.1 K Three Story Office Bldg in Lakcmoor Commercial South Sub ccI docx issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: 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 Page 12 of 15 K:1Planning Ikpt\Gagk Applications\llr1201811)R-57-I8 Three Story ()iiia: Bldg in lakcmoor Commercial South Sub ccl.doci writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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). Page 13 of 15 K:11'lanning Dept\Eagle Apptications1)r12OIKU)K-57-18 Three Story Office Bldg in lakemoor Commercial South Sub ccf.Jocx 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -57-18) 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 Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a multi -tenant office building is permitted with the approval of a design review application within the MU -DA (Mixed Use with a development agreement in lieu of a PUD) 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 multi -tenant office building is designed to be harmonious with the existing buildings within the development and 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 multi - tenant office 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 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 proposed building is in conformance with the development agreement design guidelines; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building is in conformance with the required setbacks and height restrictions permitted within the development agreement; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since there are pathways throughout the development ang the parking lot has been designed with connectivity to the public streets; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the Page 14 of 15 K:IPlanning I)eptU:agle Applications\1)r12O1I 1)R-57- I8 Ther Story Office Bldg in Lakemoor Commercial South Sub cct docx site has been designed with walkways that will connect to the overall development and adjacent public streets; and 1. 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 nor detract from desirable architectural features. DATED this 22°" day of January 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor V U ATTEST: Sharon K. Bergmann, Eagle City erk Reconsideration Notice Applicant has the right, pursuant to Section 67-6535. Idaho Code. to request a reconsideration within fourteen (14) days of the final written decision Pare 15 of 15 h\I'lannmg 1 >,pt\I eek:\pphreuon.0 M_n 1 a'I>R S71 l hrce Star, 111 ire Bldg in 1aA, moor C mmeatal ,ouih>w rr1.41,4.