Findings - DR - 2004 - DR-94-04 - Construct 14,830 Sq Ft 2 Story Multi Tenant Office / Retail / Restaurant Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A TWO STORY MUL TI- TENANT OFFICE/
RET AIL/REST AURANT BUILDING FOR
STONEWYCKE PARTNERS, LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-94-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 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:
Stonewycke Partners, LLC, represented by Paul MacDonald with Paul MacDonald Architect, are
requesting design review approval to construct a l4,830-square foot two (2) story, multi-tenant
office/retail/restaurant building. The site is located approximately 135-feet south of East Shore
Drive within Eagle River Development (Lot 12, Block 4, Mixed Use Subdivision No.3) at 291
East Shore Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 5, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 9, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development
agreement (including a concept plan) for this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) for this site.
On May 8, 2001, the Eagle City Council approved a final plat (FP-13-0l) for this site.
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat
(PP/FP-l-O 1) for this site.
E. COMPANION APPLICATIONS: DR-95-04 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle
development agreement) River Development
Proposed No Change No Change Office/Retail/Res ta uran t
North of site Mixed Use MU-DA (Mixed Use with Proposed Cheerleaders
development agreement) Sports Bar and Grill
restaurant
South of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle
development agreement) River Development
East of site Mixed Use MU-DA (Mixed Use with Proposed Anytime Fitness
development agreement) facility
West of site Mixed Use MU-DA (Mixed Use with Pond/Bardenay Restaurant
development agreement) and Distillery/Hilton
Garden Inn
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is a pond located to the west of this site and a wetlands
area located to the south of this site.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 56,759-square feet (1.3-acres) 7,00O-square feet (0.16-acres)
Percentage of Site Devoted to 14% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 56% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 56-parking spaces 69-parking spaces (minimum)*
Front Setback 38-feet (east) 20-feet (minimum)
Rear Setback 24-feet (west) 20-feet (minimum)
Side Setback 37-feet (north) 7.5-feet (minimum)
Side Setback 51-feet (south) 7 .5-feet (minimum)
* Note: Based on 2,545-square feet of the building being used as a restaurant which requires one (1) parking space per one
hundred-fifty (150) square feet of gross floor area, and 12,887-square feet of the building being used as retail and oftice
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purposes which requires one (1) 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 an office, retail, and restaurant.
Height and Number of Stories of Proposed Buildings: 40' high, two stories.
Gross Floor Area of Proposed Buildings: First Floor =
Second Floor =
Total =
7 ,712-square feet
7,nO-square feet
15,432-square feet
On and Off-Site Circulation:
A l7,181-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide shared driveway is to be located near the northeast corner of property
located to the north of this site providing access to East Shore Drive. One 28-foot wide shared
driveway is to be located on the properties to the east of this site providing access to the
north/south roadway located ISO-feet east of this site.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile
Walls: cultured stone, shingle siding, and hardi-plank
Windows/Doors: vinyl windows with painted wood trim
Fascia/Trim: painted and stained wood trim and doors
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are three (3) existing trees located
within the wetland area located on this site's south property line.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: This site does not abut a public street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is not proposed around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross
access between parcels.
b. Interior Landscaping: 10% interior landscaping is required, 10% is to be installed.
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M. TRASH ENCLOSURES:
One 120-square foot trash enclosure is to be located within the parking lot of this site. The
enclosure is to be constructed of CMU walls with metal gates, all of which will match the colors
and materials used in the construction of the building.
N. MECHANICAL UNITS:
The applicant will be installing ground mounted mechanical units. The ground mounted
mechanical units will be screened with landscaping.
O. OUTDOOR LIGHTING:
Eight (S) two hundred fifty (250) watt high pressure sodium light fixtures will be installed within
the parking lot of this site. Other than recessed lighting no exterior building lighting will be
installed with this application.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-95-04) has
been submitted for the approval of a master sign plan.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, 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
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes, Boise River Floodplain
Note: all floodplain and flood way concerns were addressed by the applicant as a part of
the Eagle River Preliminary Plat application, the Mixed Use Subdivision No.1 final plat
application, and associated floodplain development permit application.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - Yes, entire site is located within the Boise River floodplain (see comments under
Areas of Critical Environmental Concern above).
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
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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
W. LETTERS FROM THE PUBLIC:
Letter from John Swartz, Construction Manager for Eagle River Development, date stamped by
the City on August 5,2004 (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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-2A-6(B)(6)(a)
All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to a
maximum of forty feet (40') within the DDA and TDA and thirty five feet (35') in all other
locations. Additional height may be permitted if a conditional use permit is approved by the
city counciL
.
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.
.
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.
Eagle City Code Section 8-4-4-3(A)(7)
The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20%) of the sum of the number of spaces required
for each use only if the provisions of this chapter have been met. The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of
the sum of the number required for each use served unless a conditional use is approved
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by the city council.
C. DISCUSSION:
.
The applicant is proposing office, retail, and restaurant uses to occupy this building. Typically
office hours are from 8:00 A. M. to 5:00 P. M., while retail and restaurant uses typically start and
close business later in the day. It is staff s opinion that the proposed uses within the building will
have business hours that will overlap for short periods of time but for the most part be different
enough that parking will not be a problem for this site. The applicant is proposing to construct
fifty six (56) parking spaces on-site with the construction of this building. The applicant has
indicated on the floor plan date stamped by the City on August 5, 2004, that 2,545-square feet of
this building is to be used as a restaurant, while the remaining 12,887-square feet of the building
will be used for retail and office purposes. Per Eagle City Code, a restaurant use is required to
provide one (1) parking space per one hundred-fifty (150) square feet of gross floor area, and retail
and office uses are required to provide one (1) parking space per two hundred-fifty (250) square
feet of gross floor area. Based on the above mentioned uses with associated square footages, this
site is required to provide sixty nine (69) parking spaces. The applicant is thirteen (13) parking
spaces short of the sixty nine (69) parking spaces required for this site with the proposed uses. Per
Eagle City Code, the Zoning Administrator may permit a maximum reduction in the number of
spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces
required for each use. A twenty percent (20%) reduction of the sixty nine (69) required parking
spaces for this development would be fourteen (14) parking spaces, thus the applicant would need
to provide fifty five (55) parking spaces on-site with this development. A twenty percent (20%)
parking reduction is supported by the Zoning Administrator for this site because of the various
uses that will occupy this building and the surrounding properties, and the different hours of
operation of each use.
The elevation plans date stamped by the City on August 5,2004, indicate the height of the
building to be forty feet (40'). Per Eagle City Code, the maximum building height is thirty five
feet (35') unless a conditional use permit is approved by the City Council. The applicant should
be required to provide revised elevation plans showing the height of the building does not exceed
thirty five feet (35'). The revised elevation plans should 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.
.
.
The applicant has indicated within the application that they are using ground mounted mechanical
units that are to be located on the north and south building elevations and will be screened by
screen walls and landscaping. The site and landscape plans do not indicate the location of the
ground mounted mechanical units. The applicant should be required to provide a revised site and
landscape plans showing the location of the ground mounted mechanical units. The revised site
and landscape plans should 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.
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 September 9, 2004, at
which time the Board made their decision.
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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 applicantlrepresentative).
BOARD DECISION:
The Board voted 6 to 0 (Barnes absent) to approve DR-94-04 for a design review application to
construct a two story multi-tenant office/retaiUrestaurant building for Stonewycke Partners, 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. Provide revised elevation plans showing the height of the building does not exceed thirty five feet
(35'). 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.
2. Provide a revised site and landscape plans showing the location of the ground mounted mechanical
units. The ground mounted mechanical units shall be screened from view by landscaping. The revised
site and landscape 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.
3. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk of
the tree or at the drip line of the tree (whichever is furthest)) to prevent any damage within the drip line
of the trees should be submitted to the City. The construction fencing should be installed prior to
commencing any site work. Cups or dams should be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever should take place
within the drip line of the trees.
4. Provide detailed elevations showing the materials and colors to be used in the construction of the trash
enclosure. The detailed elevations, materials, and colors 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.
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-95-04) 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.
8. Provide a copy of the parking agreement between the owner of this site and Eagle River Development
for the nine (9) additional parking spaces located on an adjacent site. The parking agreement shall be
submitted to the City prior to the City issuing a zoning certificate for this site.
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.
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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.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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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 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 th~ 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
Ri ver 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 fIfst.
IS. 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
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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
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 August 5, 2004.
2. Requests for agencies' reviews were transmitted on August 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-94-04) 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 (Mixed Use with development agreement) zoning district.
5. The Board supports the elevations of the building in its entirety with the forty foot (40') overall height.
The Board believes that the architectural appeal of the building would be hindered to accommodate a
maximum height of thirty five feet (35') as required pursuant to Eagle City Code.
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DATED this 23rd day of September 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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