Findings - DR - 2004 - DR-119-04 - Construct A 6500 Sq Ft Veterinary Animal Hospital And Retail Building/3060 E State St
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A )
VETERINARY ANIMAL HOSPITAL AND )
RETIAL BUILDING FOR TODD WEL TNER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-119-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 9, 2004. 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:
Todd Weltner, represented by Clinton Yaka with BRS Architects, is requesting design review
approval to construct a 6,500-square foot veterinary animal hospital and retail building. The site is
located within Eagle Promenade approximately 216-feet north of East State Street at 3060 East
State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 7, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 14, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat (PP-18-00) for Eagle
Towne & Country Centre for this site.
On February 27, 2001, the Eagle City Council approved a conditional use permit for a shopping
center (CU-18-00) for this site.
On February 25, 2003, the Eagle City Council approved a final plat (FP-I-03) for YES
Subdivision (also known as Eagle Towne & Country Centre) for this site.
On February 24, 2004, the Eagle City Council approved a conditional use permit for a
bank/financial institution with drive-up service for this site (CU-14-03).
E. COMPANION APPLICATIONS: DR-120-04 (design review master sign plan application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
Proposed No Change No Change Veterinary Animal Hospital
and Retail building
North of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
South of site Mixed Use C-3 (Highway Business Proposed bank facility
District) N acant lot within Eagle
Promenade Shopping
Center
East of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
West of site Commercial C-3 (Highway Business Proposed fast food
District) restaurantlVacant lot
within Eagle Promenade
Shopping Center
G. DESIGN REVæW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is existing landscaping adjacent to this sites west
property line.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 37,335-square feet (0.86-acres) 0.03-acres (1 ,300-square feet)
(minimum)
Percentage of Site Devoted to 17% (approximately) 92% - (maximum)
Building Coverage
Percentage of Site Devoted to 54% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 36-parking spaces 26-spaces (minimum)*
Front Setback 97-feet (east) O-feet minimum
Rear Setback 27-feet (west) O-feet minimum
Side Setback lO-feet (north) O-feet minimum
Side Setback 36-feet (south) O-feet minimum
*Note: Based on 1 parking space per 250-square feet of gross floor area.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a veterinary animal hospital and
retail building.
Height and Number of Stories of Proposed Buildings: 24 Y2' high, one story.
Gross Floor Area of Proposed Buildings: 6,500-square feet.
On and Off-Site Circulation:
A more than adequately sized paved parking lot will provide parking for vehicles using this site.
Ingress/egress to the site is to be provided by six access points located both on State Highway 44
and Horseshoe Bend Road.
K. BUILDING DESIGN FEATURES:
Roof: Concrete roof tile (graylbrown)
Walls: Lap siding (meadowlark), shingles (casino green)
WindowslDoors: Painted aluminum frames (sizzling haute)
FascialTrim: Painted wood (sizzling haute)
Other: Natural wood beams and columns (sealed clear)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along the main
drive aisle to the shopping center. The applicant is not proposing to remove these trees.
Tree Replacement Calculations: N/A
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Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along East State Street were installed by the developers of Eagle
Promenade.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been installed around the perimeter of the entire
parking lot for Eagle Promenade.
b. Interior Landscaping: 8% interior landscaping is required, 15% is proposed.
M. TRASH ENCLOSURES:
One 80-square foot trash enclosure is proposed to be located adjacent to the south building
elevation approximately 25-feet north of the east/west drive aisle. The enclosure is proposed to be
constructed of CMU block with metal gates, all of which will be painted to match the color of the
building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened with landscaping. The applicant is proposing to remove the roof-top
mechanical units located on the north side of the existing building (formally the church facility).
New ground mounted mechanical units are proposed to be installed at the base of this building and
screened with landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-120-04)
has been submitted and is required for the approval of any signs for this site. The sign plan
application shall be reviewed and approved prior to the City issuing a zoning certificate for this
site.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District 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
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T. 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 - no
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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. 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 designates this site as Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-1-2 ROOF-MOUNTED MECHANICALS:
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
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
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.
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
Eagle City Code Section 8-2A-6(A)(6)(g)(3)
Roof-mounted mechanicals, all vents protruding through the roof and similar features shall be
painted so as to match the color of the roof.
.
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 Cl of this section.
.
Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
.
Eagle City Code Section 8-2A-7(J)(3)(a)
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
.
Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
C. EAGLE TOWNE AND COUNTRY CENTRE DESIGN STANDARDS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.12 ROOFLINE AND ROOFTOP EQUIPMENT
3.12.2 Requirements
2. All mechanical rooms or mechanical equipment on rooftops shall be screened from a
horizontal line of sight in all directions. Screening must be a part of the building
design, not just "chicken coops" placed as an afterthought.
3. Air handling equipment on parapet roofs must be below parapet or kept back lO-feet
from the roof edge. In no event will this equipment be allowed to be seen from
neighboring parcels or streets.
3.13 TELECOMMUNICATION EQUIPMENT
3.13.2 Requirements
1. No antenna shall be visible from streets or neighborhood parcels. Microwave dishes
and satellite dishes shall be placed in the middle of parapet roofs or valleys but, in no
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case may they be visible from the streets or highways.
D. DISCUSSION:
. The applicant has not proposed continuous landscaping around the perimeter of the parking lot on
the north, south, or east boundaries because this site will be integrated with the properties to the
north, south, and east providing cross access between these parcels. Per Eagle City Code, a
minimum five foot (5') wide perimeter landscaped strip is required between the property lines and
the parking lot and planted with a minimum of one shade tree and five (5) shrubs per thirty five
(35) linear feet of perimeter. It is staffs opinion that because this site will be integrated with the
property to the north and east providing cross access between parcels that the applicant should not
be required to provide a perimeter landscape strip on the north and west property lines.
Staff defers comment regarding building design and colors to the Design Review Board.
ST AFF 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 December 9, 2004, 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 3 to 0 (McCullough, Stanger, Floegel, Barnes absent) to approve DR-119-04 for
a design review application to construct a 6,500-square foot veterinary animal hospital and retail
building for Todd Weltner with the following staff recommended site specific conditions of
approval and standard conditions of approval with underlined text to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised landscape plan showing a landscape buffer on the west side of the trash enclosure a
minimum of five feet (5') wide by six feet (6') high and planted with a minimum of sixty percent
(60%) evergreen plant material. The revised landscape 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 this site.
2. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the trees or at the drip line of the tree (whichever is furthest» to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing should be installed prior to
commencing any site work. The trees shall be watered on a regular basis. No activity whatsoever
should take place within the drip line of the trees.
3. Provide a revised site and landscape plan showing pedestrian amenities (i.e.: bike rack, benches, etc.)
to be located within the plaza area located on the east side of the building. The applicant shall be
required to provide detailed cut sheets showing the style and color of any pedestrian amenities. The
revised site and landscape plans and detailed cut sheets shall be reviewed and approved by staff prior
to issuance of a building permit.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
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5. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
6. No signs are proposed with this application. A separate design review application (DR-120-04) 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.
7. Provide revised building elevations showing:: 1) the inclusion of a beam (similar to the upper beam
located at the southern end on the east elevation) in the center section of the west elevation just below
the soffit (the center section is between the 2nd and 3rd column in from the northern edge of the
building), 2) enlarge the existing: windows or provide additional windows on the north elevation. The
revised elevations shall be reviewed and approved by staff and one member of the Design Review
Board prior to the issuance of a zoning certificate.
8. Provide specific samples of the asphalt shingles to be used on the rooftop for review and approval by
staff and one member of the Design Review Board prior to the issuance of a zoning: certificate.
9. Provide a stain color sample and a detail/sample of the wood material to be used for the exterior beams
for review and approval by staff and one member of the Design Review Board.
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 flfSt.
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 flfst.
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 flfSt. 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 flfst.
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.
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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 flfst.
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 flfSt. 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 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 flfe 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 flfst.
d. The proposed flfe 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 flfst.
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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 flfSt.
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 flfSt.
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 flfst.
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 flfSt.
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 flfSt.
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,
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
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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 October 7, 2004.
2. Requests for agencies' reviews were transmitted on October 14, 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-l 19-04) 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-3 (Highway Business District) zoning district.
DATED this 13th day of January 2005.
ATTEST:
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