Findings - DR - 2005 - DR-131-04 - Common Area Landscaping In Hill Creek Business Park Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR THE COMMON
AREA LANDSCAPING WITHIN HILL CREEK
BUSINESS PARK SUBDIVISION
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-131-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 13,2005. 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:
David Guthrie with Pacific Security Companies, Inc., represented by The Land Group, Inc., is
requesting design review approval of the common area landscaping within Hill Creek Business
Park. The 5.5-acre, lO-lot commercial development is located on the northeast comer of the
intersection of State Street and Hill Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 4, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 9, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 7, 2004, the Eagle City Council approved the combined preliminary/final plat
application for Hill Creek Business Park Subdivision (PPIFP-3-04).
E. COMPANION APPLICATIONS: None
Page 1 of 11
K:\Plwming DeptlEagle Appücations\Drl2004\DR-131-04 drf,ooc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial C-2 (General Business District) Vacant
Proposed No Change No Change Retail/Office Center
North of site Commercial MU-P (Mixed Use PUD) Winding Creek East
Condominiums
South of site Mixed Use MU (Mixed Use) Rocky Mountain
Business Park
East of site Commercial & Public / C-l (Neighborhood Business Office Buildings &
Semi-Public District) & PS (Public/Semi-Public Eagle Academy School
West of site Commercial MU-P (Mixed Use PUD) Winding Creek
Commercial/
Residential
Development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
This site is currently vacant. The public roadways on the west and north side of the site (Hill Road
and Winding Creek Drive) have been constructed.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 239,475-square feet (5.5-acres) 1,300-square feet (minimum lot
size in the C-2 zone)
Percentage of Site Devoted to 23.8% (approximately) 50% (maximum)
Building Coverage
Percentage of Site as Common 27.3% (approximately) 10% (minimum)
Area (open space)
Number of Parking Spaces 254-parking spaces 241-parking spaces (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
9-buildings total:
2 medical office buildings, 1 retail building,S professional office buildings, 1-
undertimined (possible bank with drive-up service-to be determined with future
design review).
Page 2 of 11
K;\Planning DeptlEagle Appücwions\Dr\2004\DR-131-04 drf,doc
Note: The uses proposed for of the buildings may change from what is indicated herein upon the
submittal of individual building design review as long as the uses are determined to be in
accordance with the preliminary and final plat approvals for the site and ECC Section 8-2-3. See
applicant's supplemental letter of clarification dated January 6, 2005, for the explanation of the
expected development of the "bank" pad.
Each building will be reviewed under a separate design review application.
Open Space:
Because this is a commercial subdivision located within the C-2 zoning district, a
minimum amount of open space is not required. However, a minimum of 10% of
landscaping is required throughout the site, pursuant to Eagle City Code Section 8-2A- 7
(B) (2).
The landscape development of individual building pad sites will be required to be
reviewed and approved by the Design Review Board.
Storm Drainage and Flood Control:
Storm drainage and parking lot construction plans are to be submitted with a building
permit application and are required to be reviewed and approved by the City Engineer.
Lots are required to be graded so that all runoff runs either over the curb, or to drainage
easements, and that no runoff shall cross any lot line onto another lot except within a
drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet
wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire
District.
On-site Septic System (yes or no) - not allowed
Preservation of Existing Natural Features:
A drainage ditch coursing along the eastern side of the Winding Creek PUD site has been
determined to be a tributary of the Boise River by the United States Army Corps of
Engineers, and as such is guaranteed certain protections by law. Eagle City Code Section
9-3-8 (B) states that existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, watercourses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the subdivision.
The developer of the Winding Creek Subdivision has negotiated with Drainage District #2
and the Corps to install landscaping within the ditch easement area, which is limited due
to maintenance and plant species concerns. While the development of the subject site is
not directly impacted by the waterway, the easement over said waterway may affect the
design of the site with regard to landscaping and building location.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
Page 3 of 11
K;\Planning DeptlEagle Appücations\Drl2004\DR-131-04 drf.ooc
immediate notification to the state.
K. 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
See attached Landscape Plan Review from the City Forester.
Street Trees:
Proposed to be located within the 5-foot wide landscape strip between the curb and
sidewalk along the frontage of Winding Creek Drive and the frontage of Hill Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of
the site.
b. Interior Landscaping: 10% interior landscaping is required. 11.7% is proposed.
Sidewalks:
The applicant will be required to construct five-foot (5') wide concrete sidewalks
separated from the back-of-curb by a five-foot (5') wide landscape strip abutting the east
side of Hill Road, and on the southern side of Winding Creek Drive. A five-foot (5 ') wide
concrete meandering sidewalk is required to be constructed along State Street abutting the
southern boundary of the site.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are to be built
along the Hill Road extension, State Street, and Winding Creek Drive.
Lighting:
Lighting for the proposed streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
L. TRASH ENCLOSURES:
Three 100-square foot trash enclosures are proposed within the site. The enclosures are proposed
to be constructed of a material that compliments the exterior of the closest building (to each
respective enclosure).
M. MECHANICAL UNITS:
Mechanical units are not proposed with this application. The specific location of mechanical units
will be reviewed with the individual design review applications each of the 10 buildings.
Page 4 of 11
K;\Planning DeptlEagle Appücations\Drl2004\DR-131-04 drf,doc
The location of the main power transformer that will serve all buildings on this site will not be
determined by Idaho Power until the first building is ready for construction. The specific location
and screening details of this main transformer will need to be reviewed along the first individual
building design review for the site.
All ground mounted transformers, cable, and phone boxes are to be screened by landscaping per
Eagle City Code.
N. OUTDOOR LIGHTING:
Location and lighting specifications shall be provided to the City Zoning Administrator for review
and approval prior to the issuance of a zoning certificate.
O. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
P. PUBLIC SERVICES A V AILABLE:
From the agency correspondence associated with the Hill Creek Business Park combined
preliminary/final plat application, water and sewer services are available to the site.
Q. PUBLIC USES PROPOSED: None
R. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S. 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
T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Page 5 of 11
K:\Planning DeptlEagle AppücationslDrl2004\DR-131-04 drf,doc
V. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(A)(5)(b)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
C. DISCUSSION:
.
The location of the trash enclosures have been shown on the site/landscape plan, however, the
construction of the enclosures will not be determined until the design review application for the
nearest building (to each respective enclosure) is submitted to the City. With approval of this
application the enclosures will be expected to be constructed out of materials that compliment the
closest building (to each respective enclosure).
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 January 13,2005, 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 6 to 0 ( Bowen absent) to approve DR-131-04 for a design review application for
the common area landscaping and within Hill Creek Business Park Subdivision, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of PPIFP-3-04 (Hill Creek Business Park Subdivision ).
2. Provide a revised landscape plan showing benches, bike racks, trash receptacles, etc. within the
common areas of this development. Detailed cut sheets of any benches, bike racks, trash receptacles,
Page 6 of 11
K:\Planning DeptlEagle AppücationslDrl2004\DR -131-04 drf.doc
or other amenities shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
3. Design Review Board approval of each pad site/individual building is required.
4. The trash enclosures shall be constructed out of materials that compliment the closest building (to each
respective enclosure). Specific construction/material details of the trash enclosures shall be reviewed
and approved with the design review application associated with the closest building (to each
respective enclosure).
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
7. No signs are proposed with this application. A separate design review application is required to be
submitted for approval of any signs for this site.
8. The specific location and screening details of this main power transformer shall be reviewed and
approved along with the first individual building design review for the site.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. The applicant shall submit a revised landscape plan detailing a redesign of the eastern boundary
replacing the lawn area with plant material to soften the vinyl fence. The revised landscape plan shall
also identify alternate plant material to the Autumn Blaze Maple to help reduce the percentage of
Autumn Blaze Maple planted on the site. This plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for the site.
12. The applicant shall provide a color sample for the fence to be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for the site. The
Design Review Board encourages an earth tone for the fence.
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 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 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
Page 7 ofl1
K:\Planning DeptlEagle Applications\Drl2004\DR-13J-O4 drf,doc
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is 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. 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
Page 8 of 11
K:\Planning DeptlEagle Appücations\Drl2004\DR-131-O4 drf,doc
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 (Le.; 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.
18. 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,
Page 9 of 11
K;\PlamUng DeptlEagle Appücations\Drl2004\DR-131-O4 drfdoc
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 property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
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 November 4, 2004.
2. Requests for agencies' reviews were transmitted on December 9, 2004, 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-131-04) 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 C-2 (General Business District) zoning district.
Page 10 of 11
K;\Planning DeptlEagle Appücations\Drl2004\DR-I3I-O4 drf,doc
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
DATED this 27th day of January 2005.
£1!~~
fr'
E c R. McCulloug , Chairman t('
ATTEST:
"""""""
"" OLB "'"
,~ ~ "..
"" ~ ........ * "'.
'L'~.. S. ...
.. ~. ~~ ~ ~
~ 0 ~ """, ...
.. : 0" ,. ~
.. ... ...' 0 -
- -..Q,. ~ ",' -
: f-,: ~ .' -V-::I::
--.0" ~P><1"-
: 0 \ 0 <"'. I '~6 :
,=,'. c::;; Y <;-.':' ':.. $
~.. C'. (. ..
~ ..... ...""co'i'-~.. n" ~
"."" ...... <"> v...."
I" S ..."'v.."
"I" T l'" ~ ,"
".,......"""
Page 11 of 11
K:\Planning DeptlEagle AppücationslDrl2004\DR-13 1-04 drf,doc