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Findings - DR - 2023 - DR-33-23 - Lakemoor Sub. No. 8 - Lakemoor Sub. No. 8 Multi-Tenant Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A MULTI- ) TENANT OFFICE BUILDING WITHIN ) LAKEMOOR SUBDIVISION NO.8 FOR ) DRB INVESTMENTS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-33-23 The above-entitled design review application came before the Eagle Design Review Board for their action on July 13,2023. 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: DRB Investments,represented by James Marsh with CSHQA,is requesting design review approval to construct a new two (2) story, 15,500-square foot office (medical/dental and business/professional) building. The 2.329-acre site is located on the southeast corner of East Eagles Gate Drive and North Eagle Road at 79 East Eagles Gate Drive(Lot 1,Block 10,Lakemoor Subdivision No. 8). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 10,2023. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on May 22,2023,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 22,2003,the City Council approved a Comprehensive Plan Amendment(CPA4-02)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 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 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 January 22,2019,the City Council approved the final plat for Lakemoor Subdivision No. 8 for DA Land,Inc.(FP-02-19). Page 1 of 13 KAPlanning Dept\Eagle Applications0r\2023\Eagles Gate MU Office Bldg Lakemoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx On January 22,2019,the City approved a design review application for the common area landscaping within Lakemoor Subdivision No. 8(DR-56-18). On January 14,2020,the City Council approved a design review application for a multi-tenant office (business and professional, medical and dental), clinic, and personal services building for C&O Development within Lakemoor Subdivision No. 8(DR-69-19). On July 14,2020,the City Council approved a design review application to modify a multi-tenant office (business and professional, medical and dental), clinic, and personal services building for C&O Development within Lakemoor Subdivision No. 8(DR-69-19 MOD). For additional property history see: RZ-05-02, PP-03-05, PP-03-05 MOD, RZ-05-02 MOD2, FP-08- 15,RZ-05-02 MOD3, FP-02-16, RZ-05-02 MODS, FP-03-17, and FP-11-17. E. COMPANION APPLICATIONS: DR-34-23 (master sign plan application). F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use and Scenic MU-DA(Mixed Use with a Multi-tenant office Corridor development agreement in (medical/dental and lieu of a PUD) business/professional) building Proposed No change No change No change North of site Mixed Use and Scenic MU-DA(Mixed Use with a East Eagles Gate Corridor development agreement in Drive/bank with drive-up lieu of a PUD) service South of site Mixed Use and Scenic R-1 (Residential) Vacant land within Corridor Lakemoor Subdivision No. 8 East of site Mixed Use and Scenic MU-DA(Mixed Use with a Vacant land within Corridor development agreement in Lakemoor Subdivision No. lieu of a PUD) 8 West of site Neighborhood R-2-P and R-1-P(Residential North Eagle Road, Residential,Large Lot Planned Unit Development) Banbury Golf Course,and Residential and Scenic single-family residential Corridor (Banbury Meadows Subdivision No.2 and Banbury Subdivision No. 1) 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,and sidewalk as part of Lakemoor Subdivision No. 8. Page 2 of 13 KAPlanning Dept\Eagle Applicatioos\M2023%agles Gate MU Office Bldg Laken o 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.dwx J. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 2.329-acres(101,451-SF) 5,000-square feet(minimum) Percentage of Site Devoted 8%(approximately) 50%(maximum) to Building Coverage Percentage of Site Devoted 53%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 82-parking spaces 78-parking spaces Front Setback(North) 67-feet 20-feet(minimum) Rear Setback(South) 104-feet 20-feet(minimum) Side Setback(West) 122-feet 20-feet(minimum) Side Setback(East) 110-feet 7.5-feet(minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Office(medical/dental and business/professional): 15,475-square feet Office(business and professional)— I per 250 square feet of gross floor area=62 parking spaces Office(medical and dental)— 1 per 200 square feet of gross floor area=77 parking spaces • Eagle City Code Section 8-4-5 requires I parking space per 250 square feet of gross floor area for office (business and professional) and 1 parking space per 200 square feet of gross floor area for office(medical and dental): Proposed Parking Spaces: 82 Required Parking Spaces(estimated per use requirements in Eagle City Code): 62, for 15,475-square feet using I parking space per 250-square feet for office (business and professional) 77,for 15,475-square feet using 1 parking space per 200-square feet for office(medical and dental) L. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as an office (business and professional,medical and dental)building. Height and Number of Stories of Proposed Buildings: The applicant is proposing a thirty-five foot(35')high two-story structure. Gross Floor Area of Proposed Buildings: The proposed office (medical/dental and business/professional) building is approximately 15,475- square feet. Page 3 of 13 KAPlanning Dept\Eagle Applications\Dr\2023\Eagles Gate MU Office Bldg Lakemoor 8 DR-33.23\Eagles Gate View MT Bldg Findings DR.docx On and Off-Site Circulation: A 39,540-square foot(approximately)paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is located on the north property line providing access to East Eagles Gate Drive. M. BUILDING DESIGN FEATURES: Proposed Building Design: Prairie Roof: TPO(White) Walls: Brick (Midnight), metal (Black Anodized and Dark Gray Anodized), fiber cement (Shadow), EFIS(Peppercorn) Windows/Doors: Aluminum(Dark Gray Anodized) Fascia/Trim: EFIS(Shadow) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods:There are existing trees around the pond located in the northwest corner of the site. The trees are to 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 are installed along 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, 12%is proposed. O. TRASH ENCLOSURES: One (1) 243-square foot trash enclosure is proposed to be located near the southwest corner of the parking lot. The enclosure is proposed to be constructed of CMU walls 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 screen 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 has been submitted and will be required to 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-34-23)has been submitted for the approval of signs proposed on this building and on the site. 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. Page 4 of 13 K:\Planning DeptEagle Applicatio \Dr\2023\Eagles Gate MU Office Bldg Laketaoor 8 DR-33-23\Eaglea Gate View MT Bldg Findings DR.dacx 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 Fire Department Eagle Historic Preservation Eagle Sewer District Idaho Transportation Department Sawtooth Law Office(Drainage District#2) 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 Page 5 of 13 KAPlanning Dept\Eagle Applications\Dr\2023\Eagles Gate MU Office Bldg lAkernoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx 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: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments.Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 Area E,depicted on Exhibit A2,may be developed similar to the commercial uses proposed to be developed by Owner within Area D (except as limited in Section 3.09 below). If Owner does so develop Area E,buildings up to a maximum 50,000-square feet each are permitted for this Area E and 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. The maximum height of commercial buildings shall be 50-feet; non-habitable architectural elements shall be a maximum height of 60-feet. If Area E does not become an expansion of the commercial uses proposed to be developed within Area D, Area E shall be developed as provided in Section 3.5 below. 3.5 If Area E of the property, as depicted on Exhibit A2, does not become an expansion of the commercial uses proposed to be developed within Area D as provided in Section 3.4 above,Area E is to be developed by Owner with a combination of any office and retail uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"under the MU zoning designation(except as limited in Section 3.09 below), a copy of which is attached as Exhibit C. Page 6 of 13 KAPlanning Dept\Eagle ApplicationsDA2023%agles Gate MU Office Bldg Lakemom 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx Buildings up to a maximum 50,000-square feet each are permitted for this area. This square foot limitation does not apply to Fitness/Indoor Recreation Facilities,Education Facilities,and Hotels. The maximum height of Hotels and Office Buildings shall be 50-feet;non-habitable architectural elements shall be a maximum height of 60 feet. Multiple buildings are permitted to be located on the same lot,provided however,that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.13 Owner shall construct a meandering six foot(6')wide(minimum)concrete sidewalk within a one hundred foot (100') wide landscape area (not including right-of-way) along the portion of the Property adjacent to Eagle Road.The possible construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet(300')south of the southwest corner of the Property was addressed as a part of the preliminary plat application for the Property. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8-2A-6(A)(5)(b): The location and design of transformers,pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation plan); D. DISCUSSION: • The applicant is requesting design review approval to construct a new 15,475-square foot office (medical/dental and business/professional)building within Lakemoor Subdivision No.8. As stated within the applicant's narrative, the architectural style of the office building has a modern finish with prairie school style features. The building will utilize a black brick base,wood,and Nichiha fiber cement decorative panels that provide a modem finish with end cap tower elements. The project has long horizontal lines,use of ribbon windows,cantilevered elements along with recessed areas serving the decks and roof towers with large overhangs. The proposed building should be designed to be harmonious with buildings in the surrounding vicinity. Pursuant to Eagle City Code 8-2A-13(13)(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 7 of 13 KAPlaaning Dept\Eagle Applications\Dr\2023\Eagles Gate MU Office Bldg lAketnoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx • The site and landscape plans show a pedestrian access on the north side of the trash enclosure; however, the trash enclosure elevations do not show a pedestrian access on the north elevation. The applicant should be required to provide revised trash enclosure elevation plans showing the pedestrian access on the north elevation. The revised trash enclosure elevation plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The applicant is proposing roof top mechanical units to be screened by a parapet wall. A roof plan was provided; however, a cross section of the building showing the roof top mechanical units in relation to the parapet wall have not been submitted. Pursuant to 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). The applicant should be required to provide a cross section of the building showing the roof top mechanical units in relation to the parapet wall. The roof top mechanical units should be completely screened from view, at eye level,with the top of the parapet walls. The cross section of the building 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 July 13,2023, at which time the Board made their decision. BOARD DELIBERATION: Upon completion of the applicant's and staff s presentations,the Board discussed during deliberation that: • The Board is in favor of the building design,materials,and colors as presented. BOARD DECISION: The Board voted 6 to 0(Duperault absent)to recommend approval of DR-33-23 for a design review application for a two story office(medical/dental and business/professional)building,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR-30-13 and DR-30-13 MOD. 2. Provide revised trash enclosure elevation plans showing the pedestrian access on the north elevation. The revised trash enclosure elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. Provide a cross section of the building showing the roof top mechanical units in relation to the parapet wall. The roof top mechanical units shall be completely screened from view,at eye level,with the top of the parapet walls. The cross section of the building shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 4. All ground mounted transformers,cable, and phone boxes shall be screened by landscaping per Eagle Page 8 of 13 KAPlanning Dept\Eagle Applications0r\2023\Eagles Gate MU Office Bldg Lakernwr 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx City Code. 5. 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. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 10. No signs are proposed with this application and none are approved. 11. Provide revised building elevation plans specifying the color of the mortar to be used around the brick. The revised building 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. 12. Provide revised trash enclosure elevation plans showing a gate on the pedestrian access to the trash enclosure. The gate shall match the material and color of the main gates on the trash enclosure. The revised trash enclosure elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 13. The applicant may use either the stack bond or running bond brick pattern on the building. The applicant shall provide revised building elevation plans showing the brick pattern. The revised building elevation plans 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 Page 9 of 13 KAPlanning Dept\Eagle Applications\1362023\Eagles Gate MU Office Bldg Laketnoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The plans shall show how swales,or drain piping,will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company,ditch association,or other irrigation entity,shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property;and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. 9. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,or other irrigation entity associated with such ditch,pipe or other structure,or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 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 Page 10 of 13 KAPlanning DeptEagle Applications\DA2023\Eagles Gate MU Office Bldg Lakemoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx all dust,trash,weeds and other debris. 13. One set of building plans,for any non single-family residential use,shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500 gallons per minute for non-residential uses(i.e.;Commercial,Industrial,Schools,etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps.of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 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/ Page 11 of 13 KAPlanning DeptEagle Applications\W2023\Eagles Gate MU Office Bldg Lakemoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx 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). 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-33-23) 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 a multi-tenant office(medical/dental and business/professional)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 medical/dental and business/professional) building is designed with materials and colors consistent with the Prairie School style of architecture and 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 parking on-site to meet the required parking for a multi-tenant office(medical/dental and business/professional)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 multi-tenant office (medical/dental and business/professional) building has been designed with quality materials and the design is consistent with the Prairie School style of architecture; Page 12 of 13 KAJ`lanning Dept\Eagle Applications0r\2023Tagles Gate MU Office Bldg Lakemoor 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.docx 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 complies with the Prairie School style of architecture and has been designed to complement the buildings in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed multi-tenant office (medical/dental and business/professional) building is in conformance with the required setbacks and the height does not exceed the 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 walkways for both walkability within the site and access to existing pathways within 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 commercial center in the area;and I. No signs are proposed with this application.A separate design review application(DR-34-23)has been submitted for the master sign plan for this multi-tenant office (medical/dental and business/professional)building. 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 27'day of July 2023. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County,Idah Robe Grubb, ai n AT EST: Oslo Tracy sborn, Eagle City Clerk ��rt ' SEAL "' Of Page 13 of 13 K:\Pl=ing Dept\Eagle Applications\Dr\2023\Eagles Gate MU Office Bldg Lakcrn o 8 DR-33-23\Eagles Gate View MT Bldg Findings DR.dacx at�3 #0 � v !!