Findings - DR - 2004 - DR-74-04 - Construct A 2200 Sq' Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW FOR AN OFFICE BUILDING)
FOR EXECUTIVE POWER INVESTMENTS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-74-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 12,2004. 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:
Executive Power Investments, LLC, represented by Jason Martin with Backstreet Architects, is
requesting design review approval to construct a 2,200-square foot office building. The site is
located on the north side of East State Street approximately 95-feet east of Palmetto A venue within
the Winding Creek Development.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 29, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 9, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
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-6-03)(formerly Trolley Square Subdivision).
On March 16, 2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek PUD (DR-08-04).
On June 22, 2004, the Eagle City Council approved a final development plan and final plat
application for Winding Creek PUD (FPUD-03-04 & FP-05-04).
E. COMPANION APPLICATIONS: DR-75-04 (design review sign application)
Page 1 of 9
K:\Plalllllug DepllEngle ApplicnlionslDrl2004IDR-74-Q4 drf.uoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU-P (Mixed Use PUD) Vacant
Proposed No Change No Change Office building
North of site Mixed Use MU-P (Mixed Use PUD) Vacant
South of site Mixed Use MU (Mixed Use) Office building/State Street
East of site Mixed Use MU-P (Mixed Use PUD) Vacant
West of site General Business District C-2 (General Business Eagle Sewer District Office
District) Building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: N/A
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 9,942-square feet (0.23-acres) 7,000-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 22% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 50% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 9-parking spaces 9-parking spaces (minimum)
Front Setback 39-feet (south) lO-feet (minimum per the PUD)
Rear Setback 34-feet (north) 10-feet (minimum per the PUD)
Side Setback lO-feet (west) 7.5-feet (minimum per the PUD)
Side Setback 16-feet (east) 5-feet street side (minimum per
the PUD)
J. GENERAL SITE DESIGN PEA TURES:
Number and Uses of Proposed Buildings: One building to be used as an office.
Height and Number of Stories of Proposed Buildings: 16 W in height, one story.
Page 2 of 9
K:\Plnnning DeptlEngLe ApplicntionslDrl2004\DR- 74-04 drf.Uoc
Gross Floor Area of Proposed Buildings: 2,216-square feet.
On and Off-Site Circulation:
A 3,741-square foot (approximately) paved parking lot is to be constructed for vehicles using this
site. One 25-foot wide driveway is to be located on the east side of this site approximately 120-
feet north of East State Street providing access to Winding Creek Drive.
K. BUILDING DESIGN PEATURES:
Roof: Architectural shingles (medium gray)
Walls: Brick (delware red), Stucco (sonata and dusty peach)
Windows/Doors: Vinyl windows (beige), Aluminum doors (beige)
FascialTrim: Aluminum fascia (almond)
L. 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
Street Trees: The street trees along Winding Creek Drive and East State Street were reviewed and
approved with the common area landscaping within Winding Creek PUD (DR-08-04).
The street trees and common area landscaping which abut this site are required to be
installed prior to the City issuing a certificate of occupancy for this site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is to be installed between the parking lot and East
Winding Creek Drive. However, continuous landscaping has not been proposed
on the north perimeter of the parking lot because this site will be integrated with
the property to the north providing cross access between parcels.
b. Interior Landscaping: 0% interior landscaping is required, 5% is proposed.
M. TRASH ENCLOSURES:
One 11O-square foot trash enclosure is to be located on the property to the north of this site
approximately 1O0-feet west of the driveway on Winding Creek Drive. The enclosure is to be
constructed of CMU block with stucco finish and metal gates, all of which will match the materials
and colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
are proposed to be screened with landscaping.
Page 3 of 9
K:\PLnnning DeptlEngle Applicntions\Drl2004\DR-74-04 drf.doc
O. OUTDOOR LIGHTING:
Three (3), 1O0-watt high pressure sodium, bollard light fixtures are to be located within the
parking lot. Other than recessed soffit lighting, no exterior building lighting is proposed and none
is approved.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-75-04) has
been submitted for the approval of a monument sign.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
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
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish - not known
Floodplain - 500-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
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
United Water Company
Page 4 of 9
K:\Plamling DeptlEngle Applicntions\Drl2004\DR- 74-04 urf.uoc
W. LETTERS FROM THE PUBLIC:
Letter from Ron Bath, Retail Development N. A. LLC, date stamped by the City on June 29, 2004
(incorporated herein by reference).
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 tot, 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 is proposing to construct the trash enclosure on the property to the north of this site.
The applicant should be required to provide an agreement between this site and the property to the
north 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.
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 August 12,2004, 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 4 to 0 (Bowen and Flogel absent) to approve DR-74-04 for a design review
application for an office building for Executive Power Investments, 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.
Page 5 of 9
K:\Planning DeptlEngle ApplicntionslDrl2004\DR- 74-04 drf.doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of FPUD-03-04 and FP-05-04 (final development plan and final
plat application for Winding Creek PUD).
2. Comply with all applicable conditions of DR-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 north 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. Provide detailed cut sheets indicating the style, color, and size of the bike rack to be placed near the
northwest corner of the building. The detailed cut sheets shall be reviewed and approved by staff prior
to the City issuing a zoning certificate for this site.
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 (DR-75-04) has been
submitted for the approval of a monument sign for this site. The monument sign shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
8. The applicant shall work with the adjacent property owner (Eagle Sewer District) to remove the
barbwire fence located on this site's west property line. The barbwire fence shall be removed prior to
the City issuing a certificate of occupancy for this site.
9. Provide a revised landscape plan showing the limits of the grass located between the south side of the
building and the meandering sidewalk adjacent to East State Street. The revised landscape plan shall
be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
Page 6 of 9
K:\Planning DeptlEngle ApplicntionslDrl2004\DR-74-04 urf.UoC
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 jssuance 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
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
Page 7 of 9
K:\Plntllling DeptlEngle ApplicntionslDrl2004\DR-74-04 drf.<loc
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 (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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.
Page 8 of 9
K:\Plamling DeptlEngLe ApplicationslDrl2004\DR- 74-04 urf.doc
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 June 29, 2004.
2. Requests for agencies' reviews were transmitted on July 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-74-04) 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 26th day of August 2004.
ATTEST:
"""""'"
" '"
,...." ~ OF E-1 '"
,,"",~ ."..... () ~ '"
:> (ì .. ... .....~ "
i ... O~J'OR-1.r... \
: Ie; ~~:
:*: -.- :*:
. . . .
; \.... C' - " :
~ ..-t(' L) F ^ L 6.': :
~ (j> . 0 ".. 0 ::
~ '" ...II¡'nco. ,~«<).""- ::
#"'. .,.~..........
#, -1 f .....- ~ ...."
##" E: 0 f fQ > "",
""'"", ..,.",
A ("-+< "'= k ~ ,rJ
Sharon K. Bergmann, Eagle C y Clerk
Page 9 of 9
K:\Planning DeptlEngle Applications\Drl2004\DR- 74-04 drf.uoc