Findings - DR - 2005 - DR-91-05 - 2024 Sq' Multi-Tenant Office Building/947 E Winding Creek Drive
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT A MULTI-TENANT)
OFFICE BUILDING FOR BRUNO BUILT, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-91-05
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 10, 2005. 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:
Bruno Built, Inc., represented by Robert Bruno, is requesting design review approval to construct a
2,024-square foot multi-tenant office building. The site is located on the south side of East Winding
Creek Drive approximately 100-feet north of East State Street at 947 East Winding Creek Drive (Lot
3, Block 2, Winding Creek Subdivision No.1).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 6, 2005.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 12, 2005, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 16,2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek PUD (DR-08-04).
On June 22, 2004, the Eagle City Council approved a final development plan and final plat
application for Winding Creek PUD (FPUD-03-04 & FP-05-04).
E. COMPANION APPLICATIONS: DR-92-05 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use MU-DA-P (Mixed Use with Vacant
development agreement PUD)
Proposed No Change No Change Office
North of site Mixed Use MU-DA-P (Mixed Use with Residential
development agreement PUD)
South of site Mixed Use MU-DA (Mixed Use with VacantJProposed office
development agreement) building
East of site Mixed Use MU-DA-P (Mixed Use with Vacant lot within Winding
development agreement PUD) Creek Development
West of site Mixed Use MU-DA-P (Mixed Use with Vacant lot within Winding
development agreement PUD) Creek Development
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 8,015-square feet (0. 184-acres) 7,000-square feet (0. 16-acres)
(minimum)
Percentage of Site Devoted to 25% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 45% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 9-parking spaces 9-parking spaces (minimum)
Front Setback 17-feet (north) lO-feet (minimum per the PUD)
Rear Setback 36-feet (south) lO-feet (minimum per the PUD)
Side Setback ll-feet (east) 7.5-feet (minimum per the PUD)
Side Setback lO-feet (west) 7.5-feet (minimum per the PUD)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant office.
Height and Number of Stories of Proposed Buildings: 18 Y2-feet in height; one story.
Gross Floor Area of Proposed Buildings: 2,024-square feet.
On and Off-Site Circulation:
A 2,387-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide shared driveway is located approximately 90-feet east and 65-feet north of
this site providing access to East Winding Creek Drive.
K. BUILDING DESIGN FEATURES:
Roof: Architectural shingles (Trak)
Walls: Horizontal siding (Mohegan Sage), Shingle siding (Wethersfield Moss), and Cultured stone
(Riviera Old Country fieldstone)
Windows/Doors: Vinyl windows (Almond), Steel doors (painted to match building)
Fasciaffrim: Cedar (Crown Point Sand)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along East
Winding Creek Drive.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees within this development were installed by the developer.
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 on the south, east, or west
property lines of the parking lot because this site will be integrated with the
properties to the south, east, and west providing cross access between parcels.
b. Interior Landscaping: 0% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 100-square foot trash enclosure is proposed to be located along the west side of the site
approximately -feet south of the driveway on Eagle Road. The enclosure is proposed to be
constructed of CMU with metal gates, all of which will be painted to match the colors of the
building.
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N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened by a screen wall constructed of materials used in the
construction of the building.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
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 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 - 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 incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
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W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated October 17, 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-6(A)(5)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
. Eagle City Code Section 8-2A-6(B)(5)(c) states in part
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(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
. 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 majority of the plant material shown on the landscape plan date stamped by the City on
October 6, 2005, is a grass or similar type plant. Staff is concerned that during the winter months
when most grasses are trimmed back that there will be little visual interest around the base of this
building. The applicant should be required to provide additional plant material around the base of
the building showing more depth, texture, and color. The revised landscape plan 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 landscape plan date stamped by the City on October 6, 2005, shows Blue Chip Juniper and
Blue Oat Grass to be planted around the base of the trash enclosure. Per Eagle City Code, trash
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enclosures are required to be screened from view by a five foot (5') wide by six foot (6') high
landscape buffer. The applicant should be required to provide a revised landscape plan showing a
five foot (5') wide by six foot (6') high landscape buffer around the base of the trash enclosure.
The revised landscape plan 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.
. It appears that the elevation plans date stamped by the City on October 6, 2005, show a garage
door to be located on the south building elevation near the east end of the building. The applicant
should be required to provide a revised elevation plan of the south building elevation showing the
garage door and any windows that are to be located within the door. The revised elevation plans
should be reviewed and approved by the Design Review Board prior to the City issuing a zoning
certificate for this site.
. The applicant has not proposed continuous landscaping along the southern, eastern, or western
perimeter of the parking lot because this site will be integrated with the surrounding parcels to
share common access drive aisles. 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, the applicant should not be required to provide a perimeter
landscape strip on the south, east, or 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 November 10, 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 4 to 0 (Barnes and McCullough absent) to approve DR-91-05 for a design review
application to construct a multi-tenant office building for Bruno Built, Inc., with the following
staff recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide additional plant material around the base of the building showing more depth, texture, and
color. The revised landscape plan 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 a five foot (5') wide by six foot (6') high landscape buffer
around the base of the trash enclosure. 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.
3. Provide revised building elevations showing the location of all gutters and downspouts. The revised
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building elevations 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.
4. Provide a revised elevation plan of the south building elevation showing the garage door and any
windows that are to be located within the door. 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.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit $350.00 to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. No signs are proposed with this application. A separate design review application (DR-92-05) 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.
STANDARD CONDITIONS OF APPRO V AL:
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.
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.
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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."
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.
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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 frrst.
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 frrst.
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
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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 October 6, 2005.
2. Requests for agencies' reviews were transmitted on October 12, 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-91-05) 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-DA-P (mixed use with development agreement PUD) zoning district.
DATED this 8th day of December 2005.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
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