Loading...
Findings - DR - 2019 - DR-05-19 - Ashbury Commercial Sub - Dr For Medical Office BuildingORIGINAL BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A MEDICAL OFFICE BUILDING FOR MORGAN CREEK HOMES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -05-19 The above -entitled design review application came before the Eagle Design Review Board for their action on February 14, 2019. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Morgan Creek Homes, represented by Dennis Taggart with Encompass, Inc., is requesting design review approval to construct a 3,547 -square foot medical office building. The 0.20 -acre site is located on the south side of the intersection of South Brandenberg Avenue and West Bavaria Street at 3541 West Bavaria Street in Ashbury Commercial Subdivision (fka Ashbury Business Park Subdivision No. 2) (Lot 1, Block 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 10, 2019. Revised materials (landscape plan) were received by the City on January 16, 2019. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 14, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 16, 2007, the City Council approved a comprehensive plan amendment from Transitional Residential (Ada County designation) to Professional Office for a portion of this original site (CPA - 09 -06). On March 27, 2007, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) and preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52 -acre site is located on the northwest corner of West Chinden Boulevard (SH 20/26) and North Meridian Road at 6615 North Meridian Road (A-19-06/RZ-25-06 and PP -19-06). On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park No. 1 for Capital Development, Inc. (FP -08-07). On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2 for Capital Development, Inc. (FP -01-08). On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and Professional Office to Commercial for the property located on the northeast corner of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation (once the property is Page 1 of 12 K:II'lanning Dept\Eagle Applicatiunsll)r12019111R-05-19 Medical Office lildg in Ashbury Commercial Sub drI:nl contiguous to Eagle City limits) and a rezone with development agreement from RUT (Rural Urban Transition) to C -3 -DA (Highway Business District with a Development Agreement) (CPA -5-08 & A- 03-08 & RZ-8-08). On November 25, 2009, the Eagle City Council approved a de -annexation of this property (Ordinance 614). On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with Development Agreement) for Capital Development, Inc. (A-04-09/RZ-04-09). On June 25, 2013, the City Council approved a development agreement modification and preliminary plat for Ashbury Subdivision a 246 -lot (214 -buildable, 13 -commercial and 19 -common) subdivision for SCS Brighton, LLC (RZ-04-09 MOD/PP-02-13). On September 10, 2013, the City Council approved the final plat for Ashbury Subdivision No. 1 for SCS Brighton, LLC (FP -12-13). On March 13, 2014, the Design Review Board approved the common area landscaping within Ashbury Business Park No. 1 for SCS Brighton LLC (DR -08-14). On March 22, 2016, the Eagle City Council approved an extension of time for the final plat for Ashbury Business Park Subdivision No. 1 (EXT -03-16). On May 12, 2016, the Eagle Design Review Board approved a design review application for the common area landscaping within Ashbury Business Park No. 1 (DR -23-16). On October 24, 2017, the Eagle City Council approved a design review application for Ashbury Business Park Subdivision No. 2 (DR -42-17). On November 16, 2017, the Eagle City Council approved a final plat application for Ashbury Commercial (fka Ashbury Business Park Subdivision No. 2) (FP -19-17). E. COMPANION APPLICATIONS: DR -12-19 (Signage) Page 2 of 12 K: Planning Ikptlliagie Applications11h120191DR-115-19 Medical Otltce Bldg in Ashbury Commercial Sub drt:nt F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood Residential MU -DA (Mixed Use with a development agreement) Vacant land within Ashbury Commercial Subdivision Proposed No Change No Change Medical Office Building North of site Neighborhood MU -DA (Mixed Use with a Ashbury Subdivision Residential development agreement) South of site Mixed Use (Meridian TN -C (Traditional Chinden Boulevard/Vacant designation) Neighborhood — Center — Land Meridian designation) East of site Professional MU -DA (Mixed Use with a Castlebury West Business Office/Business Park development agreement) Park Subdivision, Deltoid Subdivision No. 2 West of site Mixed Use MU -DA (Mixed Use with a Streamside Assisted Living development agreement) and and Foxtail Subdivision R1 Estate Residential (Ada County designation) 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 and an 8 -foot wide planter strip with street trees and grass along West Bavaria Lane. I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.20 -acres (8,556 -square feet) 5,000 -square feet (minimum) Percentage of Site Devoted 23% (approximately) 50% (maximum) to Building Coverage Percentage of Site Devoted 40% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 7 -parking spaces* 18 -parking spaces (minimum) Front Setback 90 -feet (East) 20 -feet (minimum) Rear Setback 20 -feet (West) 20 -feet (minimum) Side Setback 7.5 -feet (South) 7.5 -feet (minimum) Side Setback 7.5 -feet (North) 7.5 -feet (minimum) *Ashbury Commercial Subdivision has a cross -access and cross -parking agreement for vehicular and pedestrian ingress and egress to the public right-of-way. There are 135 -parking spaces total. Page 3 of 12 K:11'tanning DeptU:agle Applicafions1nr12019\DR-05-19 Medical Office Bldg in Ashbury Commercial Sub drr.nr J. PARKING ANALYSIS: Gross Floor Area of Proposed Office, medical and dental: 3,547 -square feet total Office. medical and dental — 1/200 square feet 3,547 -square feet/200 = 17.735 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 200 -square feet for an office, medical dental building, and 1 parking space per 1,000 -square feet for storage Proposed Parking Spaces: 7 (existing onsite) Ashbury Commercial Subdivision has a total of 135 existing parking spaces (including seven parking spaces located on this site) to be utilized by the nine pad sites. Required Parking Spaces: 18 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office, medical and dental") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a medical office. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 32 -feet high, two-story structure. Gross Floor Area of Proposed Buildings: The proposed medical office building is approximately 3,547 -square feet. On and Off -Site Circulation: A 54,192 -square foot (approximately) paved parking lot will provide parking for vehicles using the nine (9) pad sites within Ashbury Commercial Subdivision. Two twenty-four foot (24') wide shared driveways are located on the north property line providing access to West Bavaria Street. L. BUILDING DESIGN FEATURES: Roof: Class "B" Asphalt (black) Walls: wood (SW3532 Banyon Brown), stucco (SW7038 Tony Taupe), stone wainscot (Eldererado Stone Mountain Edge) Windows/Doors: Aluminum (Dark Bronze) Fascia/Trim: wood (SW3535 Foliage) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees are existing along West Bavaria Street. 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: 5% interior landscaping is required, 25% is proposed. Page 4 of 12 K:1111anning Ikpt\I aglc Applications1UA2019\I)R-05-19 Medical Office Bldg in Ashbury Commercial Sub drI nr N. TRASH ENCLOSURES: There is one existing 254 -square foot trash enclosure located near the north property line between the two (2) shared driveways on Bavaria Street. The enclosure is constructed of CMU walls with stone veneer, a concrete cap and bronze metal gates; all of which will match the materials and colors used in the construction of the future buildings. O. MECHANICAL UNITS: The applicant is proposing to use ground mounted mechanical units. The ground mounted mechanical units are proposed to be screened by landscaping. P. OUTDOOR LIGHTING: A site and parking lot light plan was previously approved with the Ashbury Commercial Subdivision common area landscaping (DR -42-17). Detailed lighting cut sheets for three decorative lights have been provided which comply with Eagle City Code Section 8-4-4-2. Q. SIGNAGE: No signs are proposed with this application. A separate design review application (DR -12-19) has been submitted for the approval of signs proposed on this building and on the site. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Meridian Fire Department has been received by the City. A water service approval has not been received to date. The site is located within the Suez Water Service Area and within the boundaries of the Eagle Sewer District. 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 - no 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: Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Sewer District Meridian Fire Department Page 5 of 12 K:Manning I ept\Eagle Applications1Dr120191DR-05-19 Medical Office Ids in Ashbury Commercial Sub drf.nf Republic Services X. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced, or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 All commercial development within the Property shall be consistent with the Castlebury West Business Park architectural style and be generally consistent with the Eagle Architecture and Site Design Book. The Concept Plan shows the general nature and relative location of certain improvements on the Property. It is the intent of this Agreement to all sufficient flexibility at the time a detailed plan and platting are submitted to Eagle, while maintaining the general intent of the Concept Plan with the requirements set forth in this Agreement. 3.7.1 Non -Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Castlebury West Business Park and are otherwise limited to the following uses, which may be constructed without a Conditional Use Permit: • Office, medical and professional 3.11 Commercial Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. All buildings shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles contained in Castlebury West Business Park. 3.11.1 All commercial structures within the Property shall be constructed utilizing architecture consistent with the Castlebury West Business Park. All commercial development within the Property shall be consistent with the Castlebury West Business Park and be consistent with the Eagle Architecture and Site Design Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for multi -family residential and commerciaUretail buildings. 3.11.2 All non-residential (commercial) mixed uses shall be subject to dark -sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. Page 6 of 12 K:II'Ianning IkpAE. gk Applicationsltlr12OI91DR-O5-19 Medical (Mice Bldg in Ashhury Commercial Sub dig:a 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. D. DISCUSSION: • The applicant is requesting design review approval to construct a 3,547 -square foot medical office building within Ashbury Commercial Subdivision (fka Ashbury Business Park Subdivision No. 2). The parking lot, interior parking lot landscaping, and trash enclosure have been installed by the developer of Ashbury Commercial Subdivision. The applicant's justification letter indicates the architecture style of the building is Craftsman as identified within the Eagle Architecture and Site Design book with the use of stone, stucco, and wood materials. 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 February 14, 2019, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 1:58:42) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The majority of the Board is in favor the proposed building elevations, materials, and colors that will harmonize with the existing residential homes in the vicinity. • The Board is in favor of the proposed landscaping for the site. BOARD DECISION: The Board voted 3 to 1 (Germano — against) (Baer, Grubb, and Koci absent) to recommend approval of DR -05-19 for a design review application to construct a 3,547 -square foot medical office building for Morgan Creek Homes, with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ-04-09 MOD/PP-02-13 and DR -42-17. 2. Provide a revised landscape plan showing all trees located outside of the drainage swales. The revised landscape plan shall be reviewed and approved by the staff prior to the issuance of a zoning Page 7 of 12 K:1Planning Dept1L'agle Applications1Dr120191DR-05-19 Medical Office Bldg in Ashbury Commercial Sub dri.rtf' certificate. 3. Provide a detailed cutsheet of the proposed bicycle rack identified on the landscape plan, date stamped by the City on February 1, 2019, showing the style, color, size, etc. The detailed cutsheet 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 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. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 9. 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 Page 8 of 12 K:Manning DeptlEiagle Applicatiotu1DA2111911)R-O5-19 Medical ()11ice BIJg in Ashbury Commercial Sub drt.nf 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 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." Page 9 of 12 K:U'lanning DeptUiagk Applications Dr\20191DR-05-19 Medical Office Bldg in Ashbury Commercial Sub drf.nf 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/ 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 Page 10 of 12 K:U'lanning tkpAliagk Applications1DA2019\DR-05-19 Medical Office bldg in Ashbury Commercial Sub drt.nt advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -05-19) 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 medical office building is permitted with the approval of a design review application within the MU -DA (Mixed Use with a development agreement) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed medical office building is designed with materials and colors associated with the Craftsman architectural style which will harmonize with future buildings within Ashbury Commercial Subdivision; 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 and within the Ashbury Commercial Subdivision to meet the required parking for an office, medical and dental use; 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 proposed building has been design with quality materials that are consistent with the Craftsman architectural style and will harmonize with the existing residential subdivisions in the vicinity; 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 conformance with the Eagle Architecture and Site Design Book and has been designed to compliment the residential homes in the vicinity; Page 11 of 12 K:Wlanning Dept\Eagle Applications11h120191DR-05-19 Medical Office Bldg in Ashbury Commercial Sub dristf F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has been designed with a sidewalk that provides for walkability within the site and access to the other pad sites in Ashbury Commercial Subdivision; 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 since there is a sidewalk that connects to other pad sites within Ashbury Commercial Subdivision; and I. No signs are proposed with this application. A separate design review application (DR -12-19) has been submitted for the building wall signs and monument sign tenant panels, are harmonious with the architecture design of the building, and will not cover nor detract from desirable architectural features. DATED this 28th day of February 2019. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robertrubb►airman ATTLST� Sharon K. Bergmann, Eagle City Clerk Page 12 of 12 K.\planning Dem \I agle Apel It: auom41>r\20I9\UK-115-19 Medical (hila• 13Ii to Ashhury Commercial Sub dr! rtl