Findings - DR - 2005 - DR-137-04 - Construct 6193' Multi-Tenant Retail Building& 12,594' Multi-Tenant Retail Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT TWO
MULTI-TENANT RETAIL BUILDINGS FOR
WHITEILEASURE DEVELOPMENT
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-137-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 10, 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:
White/Leasure Deyelopment, represented by Roger Foster with BRS Architects, is requesting
design review approyal to construct one 6,193 sq. ft. multi-tenant retail building and one 12,594
sq. ft. multi-tenant retail building. The 2.28 acre site is located on the north side of State Highway
44 approximately 43-feet west of Horseshoe Bend Road within the Eagle Promenade Shopping
Center at 3116 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle receiyed the application for this item on December 8, 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 February 27, 2001, the Eagle City Council approyed 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
Subdiyision (also known as Eagle Towne & Country Centre) for this site.
On April 24, 2001, the Eagle City Council approyed a Design Reyiew application (DR-6-01) for a
master landscape plan for Eagle Towne & Country Centre for this site.
E.
COMPANION APPLICATIONS: DR-34-03 MOD - Master Sign Plan modification for Eagle
Promenade
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-3 (Highway Business Vacant lot with Eagle
District) Promenade Shopping
Center
Proposed No Change No Change Proposed Multi-tenant
retail buildings
North of site Commercial C-3 (Highway Business Future commercial pad site
District)
South of site Commercial C-3 (Highway Business Future Syringa Bank
District)
East of site City of Boise designation C2 (Commercial) Horseshoe Bend Road &
Car wash and gas station
West of site Commercial C-3 (Highway Business Future commercial pad site
District)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The parcel is currently yacant with landscape borders on the west and north boundaries (improved
with the deyelopment of the Eagle Promenade Shopping Center).
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 2.28-acres 0.03-acres (1,300-square feet)
(minimum)
Percentage of Site Devoted to 19% (approximately) 92% - (maximum - or as may be
Building Coyerage limited by ECC requirements)
Percentage of Site Deyoted to 22% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 126 spaces (35 Compact) 75-spaces
Front Setback 19-feet (south)* 30-feet minimum from State
Highway 44
Rear Setback 7 -feet (north)* O-feet minimum
Side Setback 43-feet (east)* 30-feet minimum from
Horseshoe Bend Road
Side Setback 212-feet (west)* O-feet minimum
*Note: For the purpose of calculating setbacks each building was measured from the nearest
property line.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two multi-tenant retail buildings
Height and Number of Stories of Proposed Buildings:
A single story building, 23-feet in height as measured from the ayerage ground level adjacent to
the foundation to the peak of the roof, is proposed.
Gross Floor Area of Proposed Buildings:
Building 1: 6,193 sq. ft.; Building 2: 12,594 sq. ft.; Total: 18,787-sq. ft.
On and Off-Site Circulation:
Patrons will enter the shopping center site from one of six entrances located on State Highway 44
and Horseshoe Bend Road.
K. BUILDING DESIGN FEATURES:
Roof: concealed behind parapet wall
Walls: Shale Country Ledgestone, Pearl Ash Stucco & Oyster Shell Stucco
Windows/Doors: Aluminum Store Front (Bronze)
Fascia/Trim: Painted Bayou Mistery awnings
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: All trees that were installed with the Eagle
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Promenade Shopping Center are proposed to be retained.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number):
To be reyiewed by the Design Reyiew Board. The City Forester recommends the removal
of ten (10) ash trees and replacing them with another species. Ash and Maples make up
49% of the City tree mix and they represent 30% of this site. The landscape plan review
completed by the City Forester is attached.
Street Trees:
The street trees along Horseshoe Bend Road were installed by the deyeloper of the Eagle
Promenade Shopping Center.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping: Continuous landscaping has not been proposed around the
south or west of the southern parking lot because this site will be integrated with the
surrounding parcels to share common access drive aisles. Continuous landscaping
has been proposed on the western perimeter of the northern parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 200-square foot trash enclosure is proposed to be located along the north side of the site
approximately 90-feet west of the building. The enclosure is proposed to be constructed of CMU
block with a stucco finish, rock wainscoting, and gray 'deck plank' gates with a metal frame.
N. MECHANICAL UNITS:
The applicant is proposing to use a roof-top mechanical units located on the north side of the
building located behind and below the parapet wall.
O. OUTDOOR LIGHTING:
The applicant is proposing screened light standards that will match the existing light standards
within the Eagle Promenade Shopping Center.
The applicant has shown metal halide light fixtures on the exterior of the building.
P. SIGNAGE:
No signs are proposed with this application. A separate design reyiew application is required for
the approyal of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Eagle Fire Department, Eagle Sewer District, and Ada County
Highway District have been receiyed by the City. A water service approyal has not been receiyed
to date. Approyal of the water company haying jurisdiction will be required prior to issuance of a
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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 Enyironmental Concern - none
Eyidence 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 - none known
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies haye responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Eagle Fire Department
Eagle Sewer District
Ada County Highway District
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:
. Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reyiewed and approyed by the Design Reyiew Board. All roof-
mounted mechanicals shall be completely screened from yiew 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).
Section 8-2A-6(B)(5)(c)
Roof-mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
.
Section 8- 2A - 7 (K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and preyent two (2) adjacent lots from becoming one large expanse of paying. This
requirement does not hinder the ability to proyide vehicular access between lots.
a. Proyide 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 fiye (5) shrubs
per thirty fiye (35) linear feet of perimeter.
C. CONDITIONAL USE PERMIT (CU-18-00) SITE SPECIFIC CONDITIONS OF APPROVAL
WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
1. Indiyidual building pad sizes located in the south half of the site shall be limited to 10,500 gross
square feet (as proposed on the site plan) and shall be limited to the uses as defined under the
terms "Retail", "Restaurant", and "Fuel Seryice" as listed in ECC 8-2-3. Additional uses and
expansion ofjndiyidual pad sites may be permitted if a modification to this application is applied
for and approyed by the City.
D. DISCUSSION:
. The conditional use permit (CU-18-00) for the Eagle Promenade Shopping Center required that all
buildings located on the southern half of the site (the "indiyidual pad site area" south of
north/south center drive isle) be limited to a maximum of 10, 500 sq. ft. Building 2 proposed with
this application is 12,594 sq. ft. in size. The applicant should be required to proyide revised site,
landscape, and eleyation plans showing Building 2 being reduced in size to 10,500 sq. ft. The
reyised plans shall be reyiewed and approyed by the Design Review Board prior the City issuing a
zoning certificate for this site.
The applicant is showing metal halide light fixtures on the exterior of the building. Since metal
halide lighting is prohibited, the applicant should proyide reyised eleyations and a reyised cut
sheet showing the light fixtures with a high pressure sodium or incandescent light source. The
revised elevations and cut sheet shall be reviewed and approyed by staff prior the City issuing a
zoning certificate for this site.
.
.
The applicant has not proposed continuous landscaping along the perimeter of the northern,
eastern or southern boundary of the parking because this site will be integrated with the property to
the north proyiding 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 fiye (5) shrubs per thirty five (35) linear feet of
perimeter. It is staff's opinion that because this site will be integrated with the property to the
north proyiding cross access between parcels that the applicant should not be required to proyide a
perimeter landscape strip along the north property boundary.
The City Forester recommends the remoyal of ten (10) ash trees and replacing them with another
species. Ash and Maples make up 49% of the City's tree inyentory and they represent 30% of this
site.
.
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.
Staff defers comment regarding building design and colors to the Design Reyiew Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information proyided to staff to date, staff recommends approyal with the site specific
conditions of approyal and the standard conditions of approyal provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on February 10, 2005, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Reyiew Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Reyiew Board by no one (not
including the applicant/representatiye).
BOARD DECISION:
The Board yoted 6 to 0 (Barnes absent) to approve DR-137-04 for a design review application to
construct one 6,193 sq. ft. multi-tenant retail building and one 12,594 sq. ft. multi-tenant retail
building, with the following staff recommended site specific conditions of approyal and standard
conditions of approval with text shown with strike thru to be deleted by the Board and text shown
with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of CU-18-00 (conditional use permit for the shopping center).
2. Proyide re'lised site, landscape, afld eleyation plans skowing Building 2 being redl:Hoed in size to
10,500 sq. ft. The revised plafls sHall be revievyed and approved by the Desigfl Review Board prior the
City issuing a zmÜflg certificate f{)r this site.
3. Provide revised elevations and a reyised cut sheet showing the exterior building light fixtures with a
high pressure sodium or incandescent light source. The revised eleyations and cut sheet shall be
reviewed and approved by staff prior the City issuing a zoning certificate for this site.
4. Provide a reyised landscape plan (in accordance with ECC Section 8-2A-7 (K)(3» showing the
substitution of the 10 ash trees per the City Foresters recommendation. The reyised landscape plan
shall be reyiewed and approyed by staff and one member of the Design Reyiew Board prior to the City
issuing a zoning certificate for this site.
5. The applicant shall be required to proyide parking lot site lighting specifications (location, height,
wattage, screening, etc.) to be reyiew and approyal by staff prior to the City issuing a zoning certificate
for this site.
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 all Engineering fees incurred for reyiewing this project prior to
issuance of a building permit.
8. No signs are proposed with this application. A separate design reyiew application must be submitted
for the approyal of a signage for this building. The sign application shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
9. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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10. Provide a sample of the color and stamp pattern for the concrete patio area, for review and approval by
staff and one member of the Design Reyiew Board prior to the issuance of a zoning certificate for this
site.
11. Proyide a reyised northern eleyation plan (for the north building), a reyised eastern eleyation (for the
east building), and a revised landscape plan that proyides more yertical interest in the landscaping and
three dimensional character to the building eleyations. The reyised eleyation and landscape plans shall
be reyiewed and approved by staff and one member of the Design Reyiew Board prior to the issuance
of a zoning certificate for this site.
12. All coping and parapet walls shall be finished on all yisible surfaces and painted to match the exterior
finish of the building.
ST ANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approyal of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approyal from the highway district haying 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, whicheyer occurs first.
4. Written approyal 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 seryice, 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 approying 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, whicheyer 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, whicheyer occurs first.
The plans shall show how swales, or drain piping, will be deyeloped in the drainage easements. The
approyed 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, whicheyer occurs first.
The lot shall be so graded that all runoff runs either oyer 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.
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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, coyered or changed in any way unless such obstruction, rerouting, coyering or
changing has first been approyed in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, coyering 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, whicheyer occurs first.
9. Street light plans shall be submitted and approyed 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 proyide 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 approyed 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 ayoid 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 approyal. An approyalletter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whicheyer 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 reyiewed and be approyed 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 haying a fire area in excess of 3,600
square feet, and I,SOO gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
haying jurisdiction, and shall be yerified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whicheyer occurs first.
d. The proposed fire protection system shall be reyiewed and approyed 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 RiYer, Dry Creek or any other area
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designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approyed in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whicheyer occurs first.
14. Conseryation, recreation and riyer access easements (if applicable) shall be approyed 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, whicheyer occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
riyer protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whicheyer occurs first.
16. The applicant shall obtain written approyal of the deyelopment relatiye to the effects of the Boise
Riyer Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whicheyer occurs flfSt.
17. The applicant shall obtain approyal of the deyelopment relatiye 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
reyiew and approval.
21. Any changes to the plans and specifications upon which this approyal is based, other than those
required by the aboye conditions, will require submittal of an application for modification and
approyal of that application prior to commencing any change.
22. Any modification of the approyed design reyiew plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approyed prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approyed design reyiew 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 adyises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/yariance 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. Approyal of any Design Reyiew shall expire without notice to the applicant on the date of expiration
of the Design Reyiew if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Reyiew Board approyal date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from yiew 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 proyided for within Eagle City
Code.
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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 receiyed by the City of Eagle on December 8, 2004.
2. Requests for agencies' reviews were transmitted on December 8, 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-137-04) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information proyided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensiye 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 24th day of February 2005.
ATTEST:
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Sharon K. Bergmann, Eagle Ci y Clerk
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