Findings - DR - 2004 - DR-62-04 - Construct A 2-Story 5156 Sq' Multi-Tenant Retail/Office/Restaurant Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONSTRUCT A TWO
STORY MULTI-TENANT RETAIL/OFFICE/
RESTAURANT BUILDING FOR OLD TOWNE I LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-62-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 8, 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:
Old Towne I LLC, represented by Mark Butler with Land Consultants Inc., is requesting design
review approval to construct a two (2) story, 5,156-square foot multi-tenant retail/office/restaurant
building. The site is located on the north side of East State Street approximately 800-feet west of
Plaza Drive within Winding Creek Development.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 6, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 23, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 9, 2001, a preliminary plat (PP-12-00) was approved by the City Council for Trolley
Square, a 27-acre commercial subdivision. Conditions of approval for the previous preliminary
plat required the dedication of public rights-of-way for the Hill Road extension (north of State
Street) and Academy Street (west of the terminus of Academy Way to the Hill Road extension).
Although the approval of the preliminary plat expired on January 9, 2002, (since a final plat was
not submitted for the development) the dedication of the street right-of-ways was completed,
resulting in the creation of three separate parcels.
On January 9, 2001, the Eagle City Council approved a conditional use permit for a shopping
center (CU-12-00) for this site.
On January 9, 2001, the Eagle City Council approved a design review application for the common
area landscaping within Trolley Square Shopping Center (DR-44-00).
On February 12, 2002, the Eagle City Council approved a modification to the design review
application for the landscaping within the drain ditch located within Trolley Square Shopping
Center (DR-44-00 MOD).
On January 13, 2004, the Eagle City Council approved a rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for Winding Creek Planned Unit
Development (RZ-6-03/CU-I0-03/PPUD-3-03/PP-6-O3)(formerly Trolley Square Subdivision).
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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-O5-04).
E. COMPANION APPLICATIONS: DR-63-04 (design review sign application)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA-P (Mixed Use with Vacant
development agreement PUD)
Proposed No Change No Change R e tai l/ Offi ce/R e s ta uran t
North of site Mixed Use MU-DA-P (Mixed Use with Vacant
development agreement PUD)
South of site Mixed Use MU-DA (Mixed Use with Vacant/State Street
development agreement)
East of site Mixed Use MU-DA-P (Mixed Use with Vacant
development agreement PUD)
West ofsite Mixed Use MU-DA-P (Mixed Use with Vacant
development agreement PUD)
G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: N/A
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 21,046-square feet (0.48-acres) 7,000-square feet (0.16-acres)
(minimum)
Percentage of Site Devoted to 13% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 54% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 27 -parking spaces 21-parking spaces (minimum)*
Front Setback 25-feet (south) lO-feet (minimum per the PUD)
Rear Setback 87 -feet (north) lO-feet (minimum per the PUD)
Side Setback 28-feet (east) 7.5-feet (minimum per the PUD)
Side Setback 19-feet (west) 5-feet street side (minimum per
the PUD)
* Note: Based on one parking space per two hundred-fifty (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 multi-tenant retail building.
Height and Number of Stories of Proposed Buildings: 38 V2', two stories.
Gross Floor Area of Proposed Buildings: 5,096-square feet
On and Off-Site Circulation:
A 6,974-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 28-foot wide driveway is to be located on the west side of this site approximately 95-feet
north of the intersection of East Winding Creek Drive and East State Street providing access to
East Winding Creek Drive.
K. BUILDING DESIGN FEATURES:
Roof: Three dimensional asphalt (black)
Walls: Horizontal lap siding and scallop siding (sepia and natural light)
Windows/Doors: Vinyl windows (white), wood doors (sepia)
Fascia/Trim: Fascia (spanish whine), trim (natural light)
Other: Cooper element above easterly front window
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing 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: Street trees along East Winding Creek Drive were reviewed and approved with the
common area landscaping of Winding Creek PUD (DR-08-04).
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is to be constructed between the parking lot and East
Winding Creek Drive. However, continuous landscaping has not been proposed
on the east perimeter of the parking lot because this site will be integrated with the
properties to the east providing cross access between parcels.
b. Interior Landscaping: 8% interior landscaping is required, 9 % is proposed.
M. TRASH ENCLOSURES:
One 120-square foot trash enclosure is to be located at the northeast comer of the site
approximately 125-feet east of the driveway on East Winding Creek Drive. The enclosure is to be
constructed of masonry block walls with metal gates, all of which will be painted to match the
colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is to use ground mounted mechanical units. The ground mounted mechanical units
are to be 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 Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-63-04) has
been submitted for the approval of a master sign plan.
Q. PUBLIC SERVICES A V AILABLE:
A preliminary approval letter from Eagle Sewer District has 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 - no
Evidence of Erosion - no
Fish - not known
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Floodplain - 5OO-year
Floodway - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife - yes
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:
Ada County Highway District
Eagle Sewer 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-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. DISCUSSION:
.
The applicant has submitted two (2) options for the development of this site. Option 1 shows
seven (7) parking spaces to be constructed on the site's east property line. These seven (7) parking
spaces would require the applicant to enter into a cross access agreement with the property owner
to the east in order to access the parking spaces. Without knowing how the adjacent property
owner desires to develop the adjacent site with regard to the layout of the building and site
improvements, the applicant for this site is left with constructing the site improvements per option
2. Option 2 shows landscaping installed to the east property line of this site. The applicant's
desire would be to have the seven (7) additional parking spaces which would not limit the uses
within the building to those uses that require one parking space per two hundred-fifty (250) square
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.
feet of gross floor area. The applicant should be required to construct the site and landscape
improvements per Option 2, date stamped by the City on May 6, 2004. Should the site to the east
redevelop in such a manor to allow the applicant to construct the seven (7) additional parking
spaces on the east property line a cross access agreement between this site and the property to the
east should be provided. The cross access agreement should be reviewed and approved by the
Zoning Administrator and should be recorded in the Ada County Recorder's office prior to the
City accepting a building permit for this site.
The applicant is proposing to construct the trash enclosure on the shared property line of this
property and the property to the east near the northeast comer of the site. The applicant should be
required to provide an agreement between this site and the property to the east to share the
proposed trash enclosure. The agreement should be recorded in the Ada County Recorder's office
and a copy submitted to the City prior to the City issuing a zoning certificate for this site.
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 July 8, 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 5 to 0 (McCullough and Stanger absent) to approve DR-62-04 for a design
review application to construct a multi-tenant retail/office/restaurant building for Old Towne I
LLC, with the following staff recommended site specific conditions of approval and standard
conditions of approval 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-O5-04 (final development plan and
final plat application for Winding Creek PUD).
2. Comply with any applicable conditions ofDR-08-04 (design review application for the common area
landscaping within Winding Creek PUD).
3. Provide an agreement between this site and the property to the east to share the proposed trash
enclosure. The agreement shall be recorded in the Ada County Recorder's office and a copy submitted
to the City prior to the City issuing a zoning certificate for this site.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer,
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-63-04) has been
submitted for the approval of a master sign plan for this building. The master sign plan shall be
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reviewed and approved prior to the City issuing a zoning certificate for this site.
7. Provide revised elevation plans indicating which building elevations are north, south. east. and west.
The revised elevation plans shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
8. Provide revised elevation plans indicating the location of all downspouts. The downspouts shall be
painted to match the color of the building. The revised elevation plans 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.
9. Provide a revised landscape plan showing the location of all pedestrian amenities (i.e.: bike racks.
benches. trash receptacles. etc.). Provide detailed cut sheets showing the style. materials. and colors of
said amenities. The revised landscape plan and detailed cut sheets 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.
10. Provide a revised site plan indicating the location of all parking lot and site lighting. Provide detailed
cut sheets of all light fixtures showing the style. wattage. luminaries, hei~ht. color. etc. to be used. The
revised site plan and detailed cuts sheets shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
11. The site plan labeled OOtion #2. date stamped by the City on May 6. 2004, showing no parking on the
east building elevation is approved. If the site to the east of this site develops in such a manner that
parking may be constructed on this site's east buildin~ elevation. the site plan labeled Option #1 shall
be reviewed and approved with the adjacent development by the Design Review Board prior to any
changes being made to this site.
STANDARD CONDITIONS OF APPROV AL:
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 rust.
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 rust.
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
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
rust.
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 rust. 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 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 fITst.
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 fITst.
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 fITst. 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
fITst.
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
flfSt. 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 fIfe 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 flISt.
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 Council or 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 flISt.
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 flISt.
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 flISt.
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
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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 May 6, 2004.
2. Requests for agencies' reviews were transmitted on June 23, 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-62-04) 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 MU-DA-P (Mixed Use with development agreement PUD) zoning district.
DATED this 22nd day of July 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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