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Findings - DR - 2023 - DR-24-23 - Arts West Subdivision No 02 - An Office (Buisness and Professional) Building in Eagle Island Crossing BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR AN OFFICE ) (BUSINESS AND PROFESSIONAL)BUILDING ) IN EAGLE ISLAND CROSSING FOR ASPIRE ) REALTY GROUP ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-24-23 The above-entitled design review application came before the Eagle Design Review Board for their action on May 25,2023. 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: Aspire Realty Group,represented by Walter Lindgren with Lindgren:Labrie Architecture,is requesting design review approval for a 5,886-square foot office(business and professional)building within Eagle Island Crossing.The 0.55-acre site is generally located northeast of State Highway 44 and North Fisher Park Way at 62 North Fisher Park Way within Eagle Island Crossing (Lot 9, Block 2, Arts West Subdivision No.2). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 31,2023. Revised information(site plan,justification letter,DR checklist,cross parking agreement)was received May 17,2023. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on April 4,2023,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7,2004,the Eagle City Council approved a Comprehensive Plan Amendment to change the land use of the Comprehensive Plan Land Use Map from Residential One(up to one dwelling unit per acre)to Commercial and Mixed Use,and a rezone from A-R(Agricultural Residential)to C-2-DA(General business District with development agreement)and MU-DA(Mixed Use with a development agreement)for this site(CPA-3-03 &RZ-8-03). On April 12,2005,the Eagle City Council approved a preliminary plat for Symphony Subdivision(PP- 07-04). On April 17,2007,the Eagle City Council approved a preliminary plat time extension for Symphony Subdivision(PP-07-04). On November 13,2007,the Eagle City Council approved a conditional use permit for a 43'-0"peak of roof,building height exception request for the Arts West Music Academy building(CU-13-07). On November 13,2007,the Eagle City Council approved the common area landscaping and Arts West Music Academy building within Eagle Island Crossing(DR-67-07). E. COMPANION APPLICATIONS: DR-25-23 (Aspire Realty Group signage). Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf.docx 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 Vacant lot within Eagle development agreement) Island Crossing Proposed No Change No Change Office(business and professional)building North of site Neighborhood R-3-DA(Residential with a Residential Subdivision development agreement) (Crossley Park) South of site Mixed Use MU-DA(Mixed Use with a Office(business and development agreement) professional)building for Fulcrum Home Loans East of site Large Lot R-1 (Residential) Residential Subdivision (Colony Subdivision) West of site Mixed Use MU-DA(Mixed Use with a Multi-tenant development agreement) Retail/Restaurant Building 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 a parking lot, landscaping, pathway adjacent to State Highway 44,and individual pad sites for future development on each of the commercial lots within Arts West Subdivision Nos 1 and 2. J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.55-acres(23,958-SF) 5,000-square foot(minimum) Percentage of Site Devoted 25%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 33%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 24-parking spaces onsite 24-parking spaces(minimum) Front Setback(West) 36-feet 20-feet(minimum) Rear Setback(East) 40-feet 40-feet(minimum)* Side Setback(North) 25-feet 20-feet(minimum)* Side Setback(South) 40-feet 7.5-feet(minimum) *Setbacks required per development agreement condition no.2.3 for a required landscape buffer(CPA-03-03&RZ-08-03). Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf.docu K. PARKING ANALYSIS: Gross Floor Area of Proposed Office(business and professional)building: 5,886-square feet Office,business and professional— 1-parking space per 250-square feet of gross floor area 5,886-square feet/250=23.5-parking spaces • Eagle City Code Section 8-4-5 requires 1 parking spaces per 250-square feet of gross floor area: Proposed Parking Spaces: 24 Required Parking Spaces: 24 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office,business and professional") L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as office (business and professional). Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately thirty and one half foot(301/2')high single-story structure. Gross Floor Area of Proposed Buildings: The proposed office(business and professional)is approximately 5,886-square feet. On and Off-Site Circulation: A 4,510-square foot(approximately)paved parking lot will provide parking for vehicles using this site. One 25-foot wide shared aisle is located on the shared south property line and shared with the property to the south of this site. One 25-foot wide shared aisle is located on the shared west property line and shared with the property to the west of this site. Both driveways provide access to North Fisher Park Way. M. BUILDING DESIGN FEATURES: Proposed Building Design: Tudor Roof: Architectural Shingle(Weathered Wood),Metal(Light Gray), Single-Ply(White) Walls:Delta Milworks Accoya(Carbide),cementitious stucco(SW9087 Smoky Beige),Eldorado stone veneer(Pioneer) Windows/Doors: Aluminum(Bronze anodized) Fascia/Trim:Fiber Cement Board(SW6082 Cobble Brown),Fiber Cement Board and Batten(SW7598 Sierra Redwood) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees north and east of the proposed building within the buffer area 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: Street trees exist along State Highway 44. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: Page 3 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf.docx a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8%interior landscaping is required, 14%is proposed. O. TRASH ENCLOSURES: One(1) 128-square foot trash enclosure is proposed to be located near the northwest corner of the building. The enclosure is proposed to be constructed of CMU walls with stucco overlay and metal gates;all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed, and none are approved. Q. OUTDOOR LIGHTING: A site and parking lot light plan showing location,height,and wattage and detailed lighting cutsheets were received and comply with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application(DR-25-23)has been submitted for the approval of signs proposed on this building. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle 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,north and east of the proposed building 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. Page 4 of 14 K:\Planning Dept\Eagle ApplicationADr\2023\Ofce Building in EIC DR-24-23\Office Bldg in EIC drf.docx X. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Assessor's Office Ada County Highway District Eagle Fire Department Eagle Sewer District Y. LETTERS FROM THE PUBLIC:None received to date. Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2):Required Findings for Design Review: 1. City Findings: The City shall make findings which address the following: a.The ordinance and standards used in evaluating the application; b. The reasons for the approval or denial; c. The actions,if any,that the applicant could take to obtain approval. 2. General Standards For Design Review: The Zoning Administrator,Design Review Board,or City Council, whichever is applicable, shall review the particular facts and circumstances of each proposed design review in terms of the following standards and shall find adequate evidence showing that such design review at the proposed location: a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this Code; b. Is of a scale,intensity,and character that is in harmony with existing conforming and planned development in the vicinity of the site; c. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; d. Will not interfere with the visual character,quality,or appearance of the surrounding area and the City, and where possible, enhance the continuity of thematically common architectural features; e. Will have facades, features, and other physical improvements that are designed as a whole, 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. Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Ofce Bldg in EIC drfdocx 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: 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 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. 6.5.2 Park Lane Design B.Flint Estates Area 1. The Flint Estates area adjacent to State Highway 44 should be designed to provide commercial uses that encourage pedestrian circulation from the residential and high school areas, to complement the existing mixed-use area at State Street and Park Lane(Camille Beckman)and planned new residential uses adjacent to the north. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2.3 The development shall include a minimum forty-foot(40')wide buffer unless a twenty foot (20')wide landscape buffer is approved(pursuant to Eagle City Code 8-3-3 D)for any commercial uses located adjacent to any property with a residential zoning designation. 2.7 In accordance with ECC Section 8-2-1,this development agreement is considered in-lieu of the PUD(except as condition in 2.12 below). Except for the limitations and allowances expressly set forth above and the other terms of this Agreement,the uses which are shown as permitted(P)or conditional(C)uses under the Mixed Use zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"shall be considered permitted uses on Lots 5 and 8,Block 2. Office,business and professional 2.10 Excluding the residential subdivision located on Lots 1 and 2,Block 1,all buildings require the approval of the Design Review Board.The design of the buildings shall incorporate residential elements to ensure compatibility with surrounding uses.All buildings shall be designed in accordance with the Eagle Architecture and Site Design book(EASD)as set forth in Eagle City Code Section 8-2A. 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 Page 6 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drfdocx expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(A)(5):Utilities: 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-6(B)(7): Enclosed trash and recycle receptacle areas: All commercial and multi-family developments shall provide for trash and recycle services and shall include an enclosed area for the storage of trash and recycle receptacles.The area shall be screened in accordance with section 8-2A-7(J)of this article.A waiver of this section may be approved for small businesses that utilize ninety six gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are otherwise screened from view with the use of a screen wall and landscaping. • Eagle City Code Section 8-4-4-3: Joint/Collective Parking Facilities: A. Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where a joint/collective parking facility has been approved pursuant to the following: 1. The applicant shall show that: a. There is no substantial conflict in the principal operating hours of the building, structure or use for which the joint/collective parking facility is proposed; b. The peak hours of parking demand from the uses shall not coincide so that the peak demand will be less than the parking required; c. The shared parking spaces shall serve the uses without conflict; d. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if a joint/collective parking facility was not requested; and e. If a public transit system serves the area,the applicant may provide documentation showing that the parking demand will be reduced. 2. The proposed reduction of required spaces,applicable to each use,shall be shown by the applicant. 3. The city may require the applicant to submit survey data,or additional documentation substantiating a request for a joint/collective parking facility. 4. The joint/collective parking facility may be on a site other than the site where the use is located,but shall be located no further than that permitted by subsection 8-4-4-1A of this chapter. 5. The spaces to be provided shall be available as long as the uses requiring the spaces are in operation. Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf.docx 6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use,approved by the city attorney as to form and content,and such agreement,when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit,or prior to issuance of a certificate of occupancy,whichever occurs first.The agreement shall include: a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; b. A guarantee among the landowners for access to a use of the joint/collective parking facility; c. A provision that the city may require parking facilities in addition to those originally approved upon findings by the city council that adequate parking to serve the uses has not been provided; d. A provision stating that the city council,may for due cause and upon notice and hearing,unilaterally modify,amend,or tenninate the agreement at any time;and e. Any other information required to be documented on such agreement by the city in an effort to assure compliance with this title. 7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent(20%)of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent(20%)of the sum of the number required for each use served unless a conditional use is approved by the city council. 8. No use shall be continued if the parking is removed from a joint/collective parking facility unless substitute parking facilities are provided. D. DISCUSSION: • The applicant is requesting design review approval to construct a 5,886-square foot office (business and professional)building.The applicant's justification letter states the design of the building is Tudor style which is one of the nine architectural styles within the Eagle Architecture and Site Design book.The justification letter also states the design is not a strict Tudor-style and pulls elements from the nearby Sodalicious building and represents a much-needed transitional design esthetic that honors the neighboring buildings design theme and scale but offers future developments additional design queues.The building design also has a distinct residential scale of the design. Staff defers comment regarding the building design and colors to the Design Review Board. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity.Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e),the proposed building should be designed to not interfere with the visual character,quality or appearance of the surrounding area and City,and where possible,enhance the continuity of thematically common architectural features,and will have facades,features,and other physical improvements that are designed as a whole,when viewed alone as well as in relationship to surrounding buildings and settings. Staff defers comment of the proposed building regarding the harmonious nature and relationship of the building to the surrounding vicinity to the Design Review Board. • The roof plan shows three rooftop mechanical units to be screened by parapet walls.Pursuant to Eagle City Code Section 8-2A-6(A)(5)(b),roof mounted mechanicals are required to be screen Page 8 of 14 K:\Planning Dept Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drEdocx from view at eye level by the parapet walls. The applicant should be required to provide a cross section of the building showing the mechanical units in relation to the parapet walls screened from view at eye level.The cross section of the building should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site has an existing pad for the trash enclosure that was approved and constructed with the Arts West Subdivision common area landscaping(DR-67-07). The landscape plan shows 128- square foot trash enclosure for this site which is consistent with the existing pad size. Eagle City Code Section 8-2A-6(B)(7), states that all commercial is required to provide for trash and recycle services and have an enclosed area for both the storage of trash and recycle receptacles. The applicant should be required to provide a revised landscape plan showing an enclosed area for both trash and recycle receptacles. 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 May 25, 2023, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that: • The Board is in favor of the proposed building design,materials,and colors. • The Board is in favor of the applicant utilizing the existing pad for the trash enclosure. The trash enclosure is large enough to fit only trash or a smaller trash bin and recycling tote. BOARD DECISION: The Board voted 4 to 0(Lindgren and Mihan recused; Grubb absent)to recommend approval of DR-24- 23 for a design review application for an office(business and professional)building in Eagle Island Crossing,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. CPA-3-03/RZ-8-03/PP-7-04, CU-4-07,and DR-67-07 2. The cross section, date stamped by the City on May 25,2023,is approved.Providc a cross section of issuance of a zoning certificate. 3. fevised-landseape-plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. Provide written approval from the building's managing entity approving the architecture of the building prior to the issuance of a zoning certificate. 5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf.docx 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 ground mounted 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. 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 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf 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 11 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC dddocx writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps.of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act,Uniform Building Code,Eagle City Code,and all applicable County,State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based,other than those required by the above conditions,will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans,including,but not limited to building design, location and details,landscaping,parking,and circulation,must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. Use,or each use for multi-use/multi-tenant projects,shall be as defined within Eagle City Code 8-2-3, "Schedule of District Use Regulations",and any use and subsequent change by the applicant in the planned use of the property which is the subject of this application,shall require the applicant to 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 Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drf docx Code(one year from approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-24-23) 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 an office (business and professional) 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 office (business and professional) building is designed to complement the general vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site has been designed with onsite parking; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features since the building has been designed to meet the Tudor style of architecture; E. Will have facades, features, and other physical improvements that are designed as a whole,when viewed alone as well as in relationship to surrounding buildings and settings since the building is designed to be harmonious with other surroundings buildings; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building does not exceed 35-feet permitted within Eagle City Code; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with sidewalks; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable residential center in the area;and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drfdocx DATED this 8'day of June 2023. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idaho /77___ -"--L_____--- ---- -- Robert Grubb, Chairman ATT ST: o EA %, OF.....CL. 1' �• • v . �e 0RAT F;• • o • = Tracy E. O , Eagle City Clerk S EAL s• • p '••,,'q,TE OF Page 14 of 14 K:\Planning Dept\Eagle Applications\Dr\2023\Office Building in EIC DR-24-23\Office Bldg in EIC drfdocx