Findings - DR - 2005 - DR-65-05 - Construct A 2240 Sq' Multi-Tenant Office Building/842 E Winding Creek Drive
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A MULTI- )
TENANT OFFICE BUILDING FOR SPRING CREEK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-65-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 11,2005. 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:
Spring Creek, represented by Robert Hess, is requesting design review approval to construct a
2,240-square multi-tenant office building. The site is located on the west side of East Winding
Creek Drive within Winding Creek Development (Lot 2, Block 1) at 842 East Winding Creek
Drive.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on July 7, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 21, 2005, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 16,2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek PUD (DR-08-04).
On June 22, 2004, the Eagle City Council approved a final development plan and final plat
application for Winding Creek PUD (FPUD-03-04 & FP-05-04).
E. COMPANION APPLICATIONS: DR-66-05 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use MU-DA-P (Mixed Use with Vacant
development agreement PUD)
Proposed No Change No Change Office
North of site Mixed Use MU-DA-P (Mixed Use with Residential dwelling
development agreement PUD)
South of site Mixed Use MU-DA (Mixed Use with Office Building
development agreement)
East of site Mixed Use MU-DA-P (Mixed Use with Winding Creek Drive/
development agreement PUD) proposed office building
West of site Mixed Use MU-DA-P (Mixed Use with Eagle Veterinary
development agreement PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing tree located near the northwest corner of
the site which the applicant is proposing to protect and retain. The street trees along Winding
Creek Drive have been installed by the developer of this development.
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 12,163-square feet (O.28-acres) 7.000-square feet (0.16-acres)
(minimum)
Percentage of Site Devoted to 19% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 63% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 9-parking spaces 9-parking spaces (minimum)
Front Setback 31-feet (south) 10-feet (minimum per the PUD)
Rear Setback lO-feet (north) lO-feet (minimum per the PUD)
Side Setback 12-feet (west) 7.5-feet (minimum per the PUD)
Side Setback 13-feet (east) 7.5-feet (minimum per the PUD)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant office building.
Height and Number of Stories of Proposed Buildings: 15' in height, one story.
Gross Floor Area of Proposed Buildings: 2,240-square feet
On and Off-Site Circulation:
A 3,120-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide shared driveway is located on the east side of this site providing access to
East Winding Creek Drive.
K. BUILDING DESIGN FEATURES:
Roof: Composition (Black)
Walls: Board and Bat, Cultured Stone, Stucco (August 3, 2005, building elevations show shingle
siding)
Windows/Doors: Vinyl windows and wood doors
Fascia/Trim: Rough sawn cedar
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There is one existing tree located near the
northwest corner of this site which the applicant is proposing to protect and retain.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees within Winding Creek Development were installed by the developer.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous perimeter landscaping is proposed around the proposed parking lot.
b. Interior Landscaping: 0% interior landscaping is required, 2% is proposed.
M. TRASH ENCLOSURES:
The trash enclosure for this site was reviewed and approved with the building to the south and has
been constructed.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
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O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-66-05) has
been submitted for review and approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
have been received by the City. A water service approval has not been received to date. Approval
of the water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. 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
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
BFI
Central District Health
Chevron Pipeline
Eagle Fire Department
Idaho Transportation Department
Idaho Power Company
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester date stamped by the City on July 26, 2005 (incorporated
herein by reference).
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ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
. Eagle City Code Section 8-4-4-2(F)
Off Street Parking Design And Dimension Tables:
STANDARD VEHICLES
Parking angle
Width of parking space
Curb length per space
Length of parking space
(measurement to be perpendicular
from the curb or front of space if
no curb is provided)
Width of driveway aisle
COMPACT VEInCLES
Parking angle
Width of parking space
Curb length per space
Length of parking space
(measurement to be perpendicular
from the curb or front of space if
no curb is provided)
Width of driveway aisle
900
9 feet
9 feet
19 feet
24 feet
900
8 feet
8 feet
15 feet
22 feet
. Eagle City Code Section 8-4-4-2(H)
Reduction For Planter Overhangs: When a parking space abuts a landscape planter, the front
two feet (2') of the required length for a parking space may overhang the planter.
C. DISCUSSION:
. The landscape plan date stamped by the City on July 7. 2005, shows nine (9) parking spaces will
be constructed with this building. The applicant is proposing to construct six (6) standard parking
spaces and three (3) compact parking spaces. There are nine (9) parking spaces for the existing
building to the south. If the parking spaces for this building were constructed as shown on the
landscape plan date stamped by the City on July 7,2005, a twenty two foot (22') drive aisle would
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be constructed. Per Eagle City Code, a twenty four foot (24') drive aisle is required for standard
parking spaces. The length of a standard parking space is nineteen feet (19') and the length of a
compact parking space is fifteen feet (15'). Eagle City Code also allows a parking space to be
reduced by two feet (2') when a parking space abuts a landscape planter and has been permitted
when the parking space overhangs a sidewalk as long as a five foot (5') unobstructed walkway is
provided. The applicant should be required to provide a revised landscape plan showing a twenty
four foot (24') wide drive aisle between the parking spaces on this site and the existing spaces to
the south. A seven foot (7') wide sidewalk should be constructed along the north side of the nine
(9) parking spaces associated with this site. The revised landscape plan should be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
. The elevation plans date stamped by the City on July 7, 2005, show cultured stone and stucco to
be used on the exterior of this building. The applicant has indicated that the architectural style of
this building fits within the Craftsman style architecture as outlined within the EASD book. The
walls of a craftsman style building, as indicated within the EASD book, are wood, woodwork is
heavy and dark, woodwork is built up in layers. The applicant has submitted a revised building
elevation, date stamped by the City on August 3, 2005, showing the same building elevations but
replacing the stucco with shingle siding. Staff defers comment regarding the use of stucco or
shingle siding to the Design Review Board.
. 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 was held on the application before the Design Review Board on August 11, 2005, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0 (Barnes and Floegel absent) to approve DR-65-05 for a design review
application to construct a multi-tenant office building for Spring Creek, with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of FPUD-03-04 and FP-05-04 (final development plan and
final plat application for Winding Creek PUDlo
2. Comply with any applicable conditions of DR-OS-04 (design review application for the common area
landscaping within Winding Creek PUD).
3. Provide a revised landscape plan showing a twenty four foot (24') wide drive aisle between the
parking spaces on this site and the existing spaces to the south. A seven foot (7') wide sidewalk shall
be constructed along the north side of the nine (9) parking spaces associated with this site. The revised
landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for
this site.
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4. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect the existing
tree located near the northwest corner of the site prior to the commencement of any construction or
grading of the site.
5. Any existing trees that are damaged during the construction process shall be replaced with, new
healthy trees of equivalent caliper pursuant to Eagle City Code and the direction of the City Forester.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. No signs are proposed with this application. A separate design review application (DR-66-05) has been
submitted for the approval of a master sign plan for this building. The master sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
10. The elevation plans date stamped bv the Citv on August 3, 2005, showing shingle siding is approved.
The applicant shall be required to provide a material sample of the shingle siding to be reviewed and
approved bv staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
11. Provide a color sample of the window mullions to be used on this buildinl!. The color of the mullions
shall be reviewed and approved bv staff and one member of the Design Review Board prior to the Citv
issuing a zoning certificate of this site.
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 any building permits or Certificate of Occupancy,
whichever occurs first.
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 Occupal1cy, 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 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.
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7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all stonn 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 ( I) 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. 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 Certificate of Occupancy.
10. 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.
11. 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.
12. 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 Certiticate 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.
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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 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. 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.
17. 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.
IS. Basements in the flood plain are prohibited.
19. 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
Commission and/or Council.
20. 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/or the Planning and Zoning Commission for
review and approval.
21. 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.
22. 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.
23. Any change by the applicant in the planned use of the propei-ty which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
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sought.
24. 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 the Design Review Board approval date).
25. 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.
26. 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 application for this item was received by the City of Eagle on July 7, 2005.
2. Requests for agencies' reviews were transmitted on July 21. 2005, in accordance with the requirements
of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-65-05) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the Mixed Use with development agreement PUD (MU-DA-P) zoning district.
DATED this 25th day of August 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
1 (L (, -\ --<I --' ~Rn~~
'-""Sharon'K Bergmann, Eagle City lerk
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