Findings - DR - 2005 - DR-63-05 - Construct A 3430 Sq' Childcare Facility For Boise Christian Preschool Academy
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A CHILDCARE )
FACILITY FOR DA VE EVANS CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-63-0S
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 11,2005. The Board continued the item to August 25,2005, September 22,2005, October 13,
2005, and October 27, 2005, and made their decision at that time. 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:
Dave Evans Construction, represented by Travis Burrows, is requesting design review approval to
construct a 3,430-square foot childcare facility for Boise Christian Preschool Academy. The site is
located on the south side of East Iron Eagle Drive within Merrill Subdivision No.5.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 7, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 21, 2005, In accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky Mountain
Business Park consisting of 26 lots on approximately 40-acres (CU-4-98/ PPUD-I-98/ PP-3-98).
On June 8, 1999, the Eagle City Council approved the final plats for Merrill Subdivision Nos. 1
and 2 (FPUD-2 & 3-99 & FP-7 & 8-99).
On April 26, 2005 the Eagle City Council approved a preliminary/final plat for Merrill
Subdivision No.5 (PP/FP-OI-05).
On July 28, 2005, the Eagle Design Review approved a design review application for the common
area landscaping within Merrill Subdivision No.5 (DR-31-05).
E. COMPANION APPLICATIONS: DR-64-05 (design review application for signage)
Page I of9
K:\Plunni.ng ~pl\Eagle Applicntiolls\Dr\2005\DR-63-05 dtf.dol,:
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use (MU) Mixed Use Vacant Lot
Proposed No Change No Change Childcare Facility
North of site Mixed Use (MU) Mixed Use Commercial Business
South of site Mixed Use (MU) Mixed Use Vacant lot within Merrill
Subdivision No.5
East of site Mixed Use (MU) Mixed Use Vacant lot within Merrill
Subdivision No.5
West of site Mixed Use (MU) Mixed Use Vacant lot within Merrill
Subdivision No.5
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site S,019-square feet (0. IS-acres) 7,000-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 23% (43, 172-square feet) * 50% (maximum)
Building Coverage
Percentage of Site Devoted to 41 % (79,315-square feet) * 10% (minimum)
Landscaping
Number of Parking Spaces 205* 173-parking spaces for office*
Offices, business and professional 216-parking spaces for medical*
- 1 parking space per 250 square
feet of gross floor area
Offices, medical and dental - 1
parking space per 200 square feet
of gross floor area.
Front Setback 2S0-feet* 20-feet (minimum)
Rear Setback 41-feet* 20-feet (minimum)
Side Setback 360-feet* 7.5-feet (minimum)
Side Setback IIO-feet* 7.5-feet (minimum)
'Note: The percentage of bUlldmg coverage, setbacks and parkmg are calculated from the total area of Rocky Mountain
Page 2 of9
K:\PIWlIling Dept\EagJe Applications\Dr\2005\DR-63-05 drf.do(:
Business Park No.5.
J, GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a childcare facility.
Height and Number of Stories of Proposed Buildings: 22 Y2 in height, one story,
Gross Floor Area of Proposed Buildings: 3,430-square feet
On and Off-Site Circulation:
A 66,670-square foot (approximately) paved parking lot provides parking for vehicles using this
site, One (1) twenty-five foot (25') wide driveway is proposed to be located approximately sixty
feet (60') west of the east property line, One (1) twenty-five foot (25') wide driveway is proposed
to be located one hundred twenty feet (120') east of the west property line. Both driveways
provide access to East Iron Eagle Drive,
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile (California Mission Blend)
Walls: Stucco (Mocha), Stone (Suede Drystack Ledgestone), Hardi shingles (Mocha)
Windows/Doors: Vinyl windows (Cocoa), Aluminum doors (Black)
Fascia/Trim: Metal soffit, Copper rain gutters
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: Street trees have been installed along East Iron Eagle Drive by the developer of
Rocky Mountain Business Park,
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the entire parking lot of Merrill
Subdivision No, 5 (DR-31-05).
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
Reviewed and approved with the common area landscaping of Merrill Subdivision No, 5 (DR-31-
05),
Page 3 of9
K\Plwming Dept\Eagle Applicatiolls\Dr\2005\DR-63.05 uti.doc
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of a zoning certificate.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-64-05) has
been submitted for the approval of sign age on this building.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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
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 - unknown
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:
BPI
Central District Health
Chevron Pipeline
Eagle Fire Department
Idaho Power Company
Page 4 of9
K:\Pla1ming Depl\Eagle Applications\Dr\2005\DR-63-05 dn.doc
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated July 26, 2005 (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:
. Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
I may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles, Architectural styles not shown within the EASD book will
not be considered.
C. DISCUSSION:
· The site plan date stamped by the City on July 7, 2005, does not indicate an outdoor play area or
equipment; it is staff's understanding that the applicant may want to construct such features at a
later date. Should the applicant want to construct an outdoor play area in the future a design
review application should be submitted to the City for review and approval of any fencing, outdoor
play equipment, etc. prior to the installation of such improvements.
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 11, 2005, The
application was continued to August 25, 2005, September 22, 2005, October 13, 2005, and October
27,2005, 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 to approve DR-63-05 for a design review application to construct a
childcare facility for Dave Evans Construction, 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 of9
K:\Plallning Dept\E.agJe Applications\Drl2005\DR-63-05 drf.doc
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable requirements of CU-IO-05.
2, Should the applicant want to construct an outdoor play area in the future a design review application
shall be submitted to the City for review and approval of any fencing, outdoor play equipment, etc.
prior to the installation of such improvements.
3. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. All roof vents shall be painted to match the color of the roof.
6. No signs are proposed with this application. A separate design review application (DR-64-05) has been
submitted for the approval of two (2) building wall signs. The sign application shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
7. The elevation plans. material, and color samples date stamped by the Citv on October IS, 2005, are
approved.
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
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
Page 6 of9
K:\Plwllling Dept\Eagle Applicatioll.~\Dr\2005\DR-63-05 drf,doc
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
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. H
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
Page 7 of9
K:\Plwming Dt:pt\Eagle Applicatious\Dr\2005\DR-63-05 drf.Joc
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs 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.
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
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
Page 8 of9
K:\PlaUllillg Dept\EagJe Applications\Dr\2005\DR-63-0S drf.doc
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 July 7, 2005.
2. Requests for agencies' reviews were transmitted on July 21, 2005, 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-63-05) 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 (Mixed Use) zoning district.
DATED this 10th day of November 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, daho
ATTEST:
II (JA--tll _IL I~~M"-"/
.......Sharo~ K. Bergmann, Eagle City lerk
Page 9 of9
K:\P1Ullnillg Dept\Eagle Applicatiolls\Dr\2005\DR-63-05 drf.WI.: