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Findings - DR - 2004 - DR-104-04 - Construct Park & Ride Parking Facility/1993 W State Street BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT A PARK AND RIDE) LOT FOR THE ADA COUNTY HIGHWAY DISTRICT) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-IO4-04 The above-entitled design review application came before the Eagle Design Review Board for their action on October 14,2004. 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: The Ada County Highway District, represented by Karen Doherty with Doherty and Associates, Inc., is requesting design review approval to construct a Park and Ride parking facility. The site is located on the south side of North Ballantyne Road and north of the intersection of West State Street and State Highway 44 at 1993 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on September 9, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on September 13, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7, 2004, the Eagle Planning and Zoning Commission approved an application to rezone the property located at 1993 West State Street from A-R (Agricultural-Residential) to PS (Public/Semi-Public) for the construction of a park and ride lot (RZ-08-04). E. COMPANION APPLICATIONS: None Page 1 of 10 K:\Plamung DeptlEagle ApplicationsIDrI2004IDR-I04-04 drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Mixed Use A-R (Agricultural- Vacant Residential) Proposed No Change PS (Public/Semi-public) Park and Ride parking facility North of site Mixed Use A (Agricultural) Single-family dwelling & pasture South of site Residential Two (up to RUT (Residential- Ada State Highway 44/Pasture two units per acre County designation) maximum) East of site Mixed Use A-R (Agricultural- State Street/City of Eagle Residential) entry sign West of site Residential Two (up to RUT (Residential- Ada State Highway 44 two units per acre County designation) maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. H. EXISTING SITE CHARACTERISTICS: None I. SITE DESIGN INFORMATION: Total acreage of site: OA1-acres (17,877-square feet) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a pedestrian shelter. Height and Number of Stories of Proposed Buildings: 8' 9" high, one story. Gross Floor Area of Proposed Buìldings: 60-square feet On and Off-Site Circulation: An 8,878-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30-foot wide one way entrance driveway is proposed to be located on the north side of this site approximately 1O0-feet east of the west property line. One 20-foot wide one way exit driveway is proposed to be located on the north side of this site approximately 130-feet west of West State Street providing access to North Ballantyne Road. K. BUILDING DESIGN FEATURES: Roof: Rivved lexan thermoclear Walls: 3/8" tempered glass and aluminum WindowslDoors: N/ A Page 2 of 10 K:\Plnmling DeptlEagle ApplicatiollsIDTI2004IDR-I04-04 drf.doc FascialTrim: N/A 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 applicant has not proposed street trees to be planted along State Highway 44, West State Street, or Ballantyne Lane. Per Eagle City Code, all development is required to plant street trees per thirty five (35) linear feet of street frontage. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the entire parking lot of this site. b. Interior Landscaping: 8% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: Two (2), twenty foot (20') high, two hundred-fifty (250) watt, high pressure sodium parking lot light fixtures are proposed to be installed within the parking lot of this site. P. SIGNAGE: Other than directional signs, no signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Page 3 of 10 K:\Plamtíng DeptlEagk: ApplicatíonsIDTI2004IDR-I04-04 drf.doc Fish Habitat - no Floodplain-no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Eagle Fire Department Eagle Sewer District Idaho Power Company W. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Mixed Use. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(B)(3) Fences: a. Vinyl: integral color required; b. Block (with columns); c. Brick (with columns); d. Wrought iron; e. Cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted. . Eagle City Code Section 8-2A-7(K)(2)(d) Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: Page 4 of 10 K:\Planning DeptlEagle ApplicatiollsIDTI2004IDR-I04-04 drf.doc (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. . Eagle City Code Section 8-2A- 7(M)(1) Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Meandering sidewalks shall be required when space permits. An average five foot (5') wide minimum parkway planter strip planted with shade class (class II or class III) trees shall be required between the sidewalk and street to provide a canopy effect over streets. Eagle City Code Section 8-2A-7(M)(2) . . In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. Eagle City Code Section 8-3-6 STREET IMPROVEMENTS ON STATE STREET AND EAGLE ROAD: The city has a substantial investment in the street improvements constructed along State Street between Ballantyne and Edgewood Lanes and along Eagle Road between the Highway 55 bypass and Ranch Drive as part of the Eagle downtown revitalization project. It is essential to the public health, safety and welfare that any new construction along the designated portions of those streets comply with the following standards. In addition, State Street and Eagle Road are state highways and are subject to the jurisdiction both of the Idaho department of transportation, hereafter defined as "department", and the Ada County highway district, hereafter defined as "district". Applications for any building permit for construction adjacent to the above designated portions of State Street and Eagle Road shall comply with the following requirements: C. DISCUSSION: . Sheet 8 of 8, date stamped by the City on September 9, 2004, shows a cross section of the perimeter landscaping proposed on the south and east sides of the parking lot. The cross section indicates that a three foot (3 ') high wood fence with landscaping on both sides of the fence is proposed to screen the parked cars from the passing motorists and pedestrians. Staff is aware that Eagle City Code Section 8-2A-7(K)(2)(d) states that a three foot (3') high wood fence is permitted. However, Eagle City Code Section 8-2A-6(B)(3)(e), states that cedar, fir and similar high maintenance and/or unsightly fencing shall not be permitted. Per Eagle City Code, if any provision of this article is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code, the provision which establishes the higher and/or more restrictive design standard shall prevail. Unless the Board determines that the three foot (3') high fence could be removed and the proposed plant material at the time of planting will result in an effective barrier and will shield the view of parked cars from passing pedestrians and motorists, the applicant should be required to provide detailed elevations showing a fence constructed of vinyl (integral color required), block or brick with columns, or wrought iron. The detailed elevations 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. Page 5 of 10 K:\Plwming DeptlEagle ApplicationslDTl2004\DR-I04-04 drf.doc . Sheet 4 of 9, date stamped by the City on September 9,2004, does not show a meandering sidewalk or parkway planter strip to be constructed adjacent to Ballantyne Lane, State Highway 44, or West State Street or curb and gutter along Ballantyne Lane or West State Street. Per Eagle City Code, a five foot (5') wide minimum meandering sidewalk separated by a five foot (5') wide minimum parkway planter strip planted with shade class trees is required adjacent to all streets as well as curb and gutter that is required adjacent to Ballantyne Lane and West State Street. As noted within the City of Eagle 2000 Comprehensive Plan, the intersections of State Highway 44, Ballantyne Lane, and State Highway 44, State Street are planned for a new intersection to be constructed approximately gOO-feet west of the existing State Highway 44 and Ballantyne Lane intersection. As indicated in the Ada County Highway District staff report, the realignment of this intersection and a possible traffic signal is recognized as necessary but, due to lack of funding, is currently not within the District's current Capital Improvements Plan or the Five Year Work Program. With this in mind, the issue arises as to the effect the new intersection alignment will have on the usability of park and ride lot in the future. It is anticipated that the new alignment will in fact aid the facility by allowing the potential for the future expansion of the parking lot due to the amount of right-of-way that would remain after the elimination of the roadway(s). The park and ride lot would continue to access State Street (in its current location) via the east-west connection of "Ballantyne Lane". Staff defers comment regarding the required curb, gutter, sidewalk, street trees, and lighting to the Design Review Board. . 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 October 14,2004, 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 2 (Barnes and Zastrow against, Bowen absent) to approve DR-1O4-04 for a design review application to construct a park and ride lot for the Ada County Highway District, 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 detailed elevations showing a fence constructed of vinyl (integral color required), block or brick with columns, or wrought iron. The detailed elevations 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. 2. Provide a revised landscape plan showing only two (2) parking lot light fixtures as shown on the photometric plan. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Page 6 of 10 K:\Plnmling DeptlEagle Applications\DrI2004\DR-I04-04 drf.doc 3. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer (i.e.: drainage). 4. No signs are proposed with this application other than directional signs. 5. Provide a license agreement from ITD/ACHD allowing the installation oflandscaping located within the public rights-of-way prior to the City issuing a zoning certificate for this site. 6. Provide detailed cut sheets showing the style of the bike storage containers. Provide color samples of the pedestrian shelter and bike storage containers. The cut sheets and color samples 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. 7. Provide a surety to the City for the cost of constructing and installing curb, gutter. a five foot (5') wide meandering sidewalk, street trees, and historic light fixtures adjacent to West State Street and Ballantyne Lane. The surety shall be submitted to the City prior to the City issuing a zoning certificate for this site. 8. Provide a revised site and landscape plan showing the interior sidewalk connected to the nine foot (9') wide gravel shoulder proposed adjacent to Ballantyne Lane. 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. 9. Provide a revised landscape plan showing the electrical transformer box screened on all sides except the side needed for access. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 10. Provide cut sheets and color samples of any interior directional signage. The cut sheets and color samples 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. 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. 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 Page 7 of 10 K:\Plunnillg DeptlEagle Applicatíons\DTI2004\DR-l04-04 drf.doc 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. II. 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 Page 8 of 10 K:\Plamting DeptlEugle Applications\DTI2004\DR-I04-04 drf.doc 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 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 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. 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 Page 9 of 10 K:\Plnmling DeptlEagle Appllcations\DTI2004\DR-l04-04 drf.doc 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 September 9, 2004. 2. Requests for agencies' reviews were transmitted on September 13, 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-1O4-04) 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 PS (public/semi-public) zoning district. DA TED this 28th day of October 2004. ATTEST: Page 10 of 10 K:\Plwllling DeptlEagle ApplicatiollslDrl2004\DR-l04-04 drf.doc