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Findings - DR - 2004 - DR-105-04 - Construct 5,596 Sq Ft Multi-Tenant Dental/Medical Office Building/1032 S Bridgeway Pl BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A MUL TI- TENANT DENT AIL/MEDICAL OFFICE BUILDING FOR BLS PROFESSIONAL PROPERTIES, LLC ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-IO5-04 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: BLS Professional Properties, LLC, represented by Peter Rockwell with Glancey - Rockwell, is requesting design review approval to construct a 5,596-square foot multi-tenant dentaVmedical office building. The site is located approximately 430-feet south of East Shore Drive at 1032 South Bridgeway Place (Lot 26, Block 4, Mixed Use Subdivision No.5). 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 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-13-01) for this site. On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat (PP/FP-I-0l) for this site. E. COMPANION APPLICATIONS: DR-I06-04 (design review sign application) Page 1 of 10 K\Planrung DeptlEagle ApplicationslDrl2004\DR-1O5-04 drf.doc 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 building North of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development South of site Mixed Use MU-DA (Mixed Use with PondlPathway along Boise development agreement) River East of site Mixed Use MU-DA (Mixed Use with Vacant lot within Eagle development agreement) River Development West of site Mixed Use MU-DA (Mixed Use with Two story multi-tenant development agreement) office building within Eagle River Development G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is a pond located to the south of this site. 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 30, 184-square feet (0.69-acres) 7,000-square feet (0. 16-acres) (minimum) Percentage of Site Devoted to 19% (approximately) 50% (maximum) Building Coverage Percentage of Site Devoted to 43% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 28-parking spaces 28-parking spaces (minimum) Front Setback 89-feet (north) 20-feet (minimum) Rear Setback 58-feet (south) 20-feet (minimum) Side Setback lO-feet (west) 7.5-feet (minimum) Side Setback lO-feet (east) 7 .5-feet (minimum) Page 2 of 10 K\PlaIllling Dept\Eagle ApplicationsIDrl2004IDR-1O5-04 drf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a multi-tenant dental/medical office building. Height and Number of Stories of Proposed Buildings: 24-feet high, one story. Gross Floor Area of Proposed Buildings: 5,596-square feet On and Off-Site Circulation: An 11 ,615-square foot (approximately) paved parking lot provides parking for vehicles using this site. The site will be accessed from Bridgeway Place and shared access with the parcels to the north, east, and west of this site. K. BUILDING DESIGN FEATURES: Roof: Monier Lifetile (New wood) Walls: Dryvit (Victoria lace), Eldorado stone (Castillo limestone) Windows/Doors: Kawner, redwood Fascia/Trim: Metal (Colonial red) 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: This site does not abut a public or private street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping has not been proposed around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. b. Interior Landscaping: 8% interior landscaping is required, 10% will be installed. M. TRASH ENCLOSURES: A trash enclosure will not be constructed on this site. The applicant is required to enter into an agreement with an abutting property owner to share a trash enclosure or is required to provide revised site, landscaping, and elevations plans showing a trash enclosure to be located on this site. N. MECHANICAL UNITS: The applicant will use ground mounted mechanical units. The ground mounted mechanical units will be screened by a stone screen wall and landscaping. No roof top mechanical units are Page 3 of 10 K:\Plalllung Dept\Eagle ApplicationslDrl2004IDR-1O5-04 drf.doc proposed with this application and none are approved. O. OUTDOOR LIGHTING: Two (2), two hundred-fifty (250) watt, high pressure sodium light fixtures will be instaleld within the parking lot of this site. Other than soffit lighting, no building lighting is proposed with this application. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-1O6-04) has been submitted for the approval of a master sign plan. 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 - 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. I 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): An environmental assessment plan was previously submitted to and reviewed by the City Engineer with the preliminary plat (Eagle River Development). A copy of the environmental assessment plan is on file with the City Engineer. 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 Page 4 of 10 K:\PlaIllting Dept\Eagle ApplicalionslDrl2004IDR-1O5-04 drf.doc Eagle Fire Department Eagle Sewer District Idaho Power Company W. LETTERS FROM THE PUBLIC: Letter from John Swartz, Construction Manager for Eagle River Development, date stamped by the City on September 9,2004 (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(A)(6)(g)(3) Roof-mounted mechanicals all vents protruding through the roof and similar features shall be painted so as to match the color of the roof. . Eagle City Code Section 8-2A-7(A)(5) Plant lists or schedules with the botanical and common name, quantity, and spacing and size of all proposed landscape material at the time of planting. . Eagle City Code Section 8-2A-7(A)(7) Planting and installation details as necessary to ensure conformance with all required standards. . Eagle City Code Section 8-2A-7(E)(4) The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled and burlapped. . Eagle City Code Section 8-2A-7(E)(4) The minimum acceptable size for evergreen trees shall be six feet to seven feet (6'-7') balled and burlapped. . 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. C. DISCUSSION: . The landscape plan date stamped by the City on September 9, 2004, indicates the plant material to be installed around the base of the building but does not specify the quantity, spacing, and size of the plant material as required within Eagle City Code. The applicant should be required to provide a revised landscape plan showing the specific quantity, spacing, and size of plant material to be planted around the base of the building. The revised landscape plan should be reviewed and Page 5 of 10 K:\PlaIlllUlg Dept\Eagle ApplicationslDrl2004IDR-1O5-04 drf.doc 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 not proposed continuous landscaping around the perimeter of the parking lot because this site will be integrated with the surrounding properties providing cross access between parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff's opinion that because this site will be integrated with the surrounding properties providing cross access between parcels and because the landscape buffer requirements of Eagle City Code and the design guidelines of Eagle River Development require extensive landscaping to buffer the parking lot from the public right-of-way that the applicant should not be required to provide a perimeter landscape strip on the north, east, and west property lines. 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 6 to 0 (Bowen absent) to approve DR-1O5-04 for a design review application to construct a multi-tenant dentaVmedical office building for BLS Professional Properties, 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: I. Provide a revised landscape plan showing the specific quantity, spacing, and size of plant material to be planted around the base of the building. 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. 2. All deciduous trees shall be three inch (3") caliper, balled and burlapped. 3. All evergreen trees shall be six feet to seven feet (6' - 7') balled and burlapped. 4. All roof vents shall be painted to match the color of the roof. 5. The applicant shall be required to enter into a recorded agreement with an adjacent property owner to share a trash enclosure. The recorded agreement shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 7. The applicant shall be required to comply with any applicable conditions placed on this application by Page 6 of 10 K\PlaIllling Depl\Eagle ApplicalionsIDrI2004IDR-1O5-04 drf.doc the City Engineer (i.e.: drainage). 8. No signs are proposed with this application. A separate design review application (DR-1O6-04) 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. 9. The applicant shall be required to comply with all requirements stated within the letter from Eagle River Development date stamped by the City on September 9,2004. 10. Provide a revised landscape plan showing all landscaping to be completed with the construction ofthis site (i.e.: parking lot islands, perimeter of the building, waters edge plantings, etc.) on one plan. The plan shall show landscaping between the pathway and waters edge that matches that which was approved on the property to the west of this site. 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. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to 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. S. 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 Page 7 of 10 K:\P1anning Dept\Eagle ApplicationslDrl2004IDR-1O5-04 drf.doc 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 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 (Le.; 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 Page 8 of 10 K:\PlaIllting Depl\Eagle ApplicationslDrl2004IDR-1O5-04 drf.doc 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. 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 Page 9 of 10 K:\Phnllling Dept\Eagle ApplicationslDrl2004IDR-1O5-04 drf.doc 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: I. 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-I0S-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. DATED this 28th day of October 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~y. Idaho ~ Eci~4an ATTEST: Page 10 of 10 K:\PlaInting Dept\Eagle ApplicationslDrl2004IDR-1O5-04 drl.doc