Findings - DR - 2016 - DR-107-06 - Construct 2 Multi-Tenant Retail Buildings/3912'/6058'/1155/1193 E Winding Creek Dr
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A DESIGN )
REVIEW FOR APPRO V AL TO CONSTRUCT TWO )
MULTI-TENANT RETAIL BUILDINGS FOR MAYER HOMES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-I07-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 9, 2006. 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:
Jason Mayer with Mayer Homes is requesting design review approval to construct two multi-
tenant retail buildings (one 3,9 I 2-square foot and one 6,05S-square foot). The site is located on
the noIth side of East State Street approximately 350-feet east of Hill Road within Winding Creek
East (Lots 4 and 5, Block I) at 1155 and 1193 East Winding Creek Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 5,2006.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 13, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January II, 2005, the Eagle City Council approved preliminary plan and final plat application
for Winding Creek East Subdivision (formerly Hillcreek Business Park (PP/FP-03-04)).
On February 8, 2005, the Eagle City Council approved a design review application for the
common area landscaping within Winding Creek East Subdivision (formerly Hillcreek Business
Park (DR-13 1-04)).
E. COMPANION APPLICATIONS: DR-IOS-06 (design review sign application)
Page I of 10
K\Planning Dept\Eagle Applications\Dr\2006\DR- [(]7-0b drf doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2 (General Business Vacant
District)
Proposed No Change No Change Two multi-tenant retail
buildings
North of site Commercial C-2 (General Business Office building within
District) Winding Creek East
South of site Commercial MU (Mixed Use) Proposed
retai II office/restaurant
buildings
East of site Commercial C-2 (General Business Vacant lot within Winding
District) Creek East
West of site Commercial C-2 (General Business Office building within
District) Winding Creek East
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The parking lot with associated landscaping has been
completed throughout the entire development.
Page 2 of 10
K\Planning Depl'.,Eagle Applic::uions\Dr\2006\DR-I07-06 drfdoc
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site Lot 4 - 15,854-square feet (0.34- 1,300-square feet (0.03-acres)
acres) (minimum)
Lot 5 - 21 ,587-square feet (0.49-
acres)
Percentage of Site Devoted to 27% (approximately) 92% (maximum)
Building Coverage (entire site)
Percentage of Site Devoted to 34% (approximately) 10'/"0 (minimum)
Landscaping (entire site)
Number of Parking Spaces 45-parking spaces 40-parking spaces (minimum)
Front Setback Lot 4 - 30- feet (south) 0- feet
Lot 5 - 30-feet (south)
Rear Setback Lot 4 - 39-feet (north) 0- feet
Lot 5 - 37-feet (north)
Side Setback Lot 4 - 10-feet (west) 0- feet
Lot 5 - 26-feet (west)
Side Setback Lot 4 - 26-feet (east) 0- feet
Lot 5 - 2-feet (east)
1. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: two multi-tenant retail buildings.
Height and Number of Stories of Proposed Buildings: 22-feet (both buildings), one story.
Gross Floor Area of Proposed Buildings:
3,912-square feet (1155 E. Winding Creek Rd.)
6,058-square feet (1193 E. Winding Creek Rd.)
9,970-square feet total
On and Off-Site Circulation:
A l6,397-square foot (approximately) paved parking lot, including main driveway, provides
parking and access for vehicles using these sites. The 30-foot wide main driveway is located on
the property line oflots 4 and 5 providing access to East State Street.
K. BUILDING DESIGN FEATURES:
Roof: Parapet roof with a TPO membrane
Walls: Brick (Georgetown - red)
WindowslDoors: Aluminum storefront (black)
Ornamental Diaper Pattern Trim: Stucco (softer tan)
Page 3 of 10
K\Planning Dept\Eagle Applications\Dr\2006\DR_l 07-00 drfdoc
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within the
parking lot landscape islands and along East State Street that are to be retained and protected.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant proposes street trees along East State Street on both the north and
south sides of the existing sidewalk.
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 along the north, east, and west
property because this site will be integrated with the properties to the north. east,
and west providing cross access between the parcels.
b. Interior Landscaping: 8% interior landscaping is required, 8.5'Yo is proposed.
M. TRASH ENCLOSURES:
The Winding Creek East Subdivision plan does not indicate any trash enclosures to be built on the
subject site, however, there are four trash enclosures placed throughout the subdivision for shared
use.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are
proposed to be completely screened behind the parapet roof wall. No ground mounted mechanical
units are proposed and none are approved.
O. OUTDOOR LIGHTING:
The site parking lots contain two existing light poles which are consistent with the lights that were
reviewed and approved with the common area landscaping of Winding Creek East SubdiviSIOn
(DR-13 1-04). The applicant proposes to place one black Mediterranean style wall mounted
lantern on each side of every door found throughout the two buildings. The style of lights match
the existing parking lot lights found throughout Winding Creek East Subdivision. The applicant
also proposes to place the black Mediterranean style lights on the columns at the ends of the
seating walls which enclose the outdoor patio spaces on the south sides of the two buildings.
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:
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
Page 4 of 10
K\Planning Depl\Eagle Applic::llions\Dr\2006\DR-I07-06 drf doc
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 incorporated herein by
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Ada County Highway District
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 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 utilizmg 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 8-4-4-6
One bicycle parking space within an approved rack shall be required for each thirty (30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space per
each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in
accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada
Page 5 of]O
K:\Planning Dept\Eag1e Applicatiolls\Dr\1006\DR-I07-06 drfdoc
County" as prepared for the Ada County highway district with the exception that bicycle racks
do not have to be covered unless required by the design review board, or planning and zoning
commission or city council.
C. DISCUSSION:
· The subject site consists of Lots 4 and 5 within Winding Creek East Subdivision. The applicant
seeks approval of one 3,912-square foot multi-tenant retail building on Lot 4 and one 6,058-square
foot building on Lot 5. The buildings are placed adjacent to East State Street and include
pedestrian connections from the sidewalk along East State Street to the outdoor patios on the south
side of each building. Parking spaces are located on the north side of the site with the main
driveway from East State Street located between the two buildings. The building has been
designed in the Romanesque Revival style with its brick fa,.ade, flat roof with ornamental diaper
pattern, and round arch transom windows.
· Per Eagle City Code, one bicycle parking space i2 required for each thirty (30) required
automobile parking spaces. The applicant should be required to provide a revised landscape plan
showing the location of a bike rack on the subject site. Detailed cut sheets showing the size,
height, color, style, etc. should be submitted. The revised landscape plan and detailed cut sheets
should be reviewed and approved by staff prior to the City issuing a zoning certificate for the
subject site.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date staff recommends approval of the requested
design review application with the site specific conditions of approval and the standard conditions of
approval provided below.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 9, 2006, at
which time the Board made their decision.
S. 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 5 to 0 (Grubb absent) to approve DR-I 07-06 for a design review application to
construct two multi-tenant retail buildings for Mayer Homes, 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 location of a bike rack on the subject site. Detailed cut
sheets showing the size, height, color, style, etc. shall be submitted. The revised landscape plan and
detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate
for the subject site.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. Submit $400.00 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.
Page 6 of 10
K.\Planning Depr\Eagle Applicmions\Dr\2006\DR-l07-06 drfdoc
5. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
6. No signs are proposed with this application. A separate design review application (DR-1 OS-06) has
been submitted for the approval of a sign plan either of these buildings. The sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for the subject site.
7. Provide revised elevation plans slightly raising the height of the lower parapet height on both buildings
(located at 1155 and 1193 East Winding Creek Drive). 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 the subject sites.
S. Provide a detail of the triangle areas adjacent to the semi-circular windows on both buildings (located
at I 155 and 1193 East Winding Creek Drive). The detail shall be reviewed and approved by staff and
one member of the Design Review Board prior to the City issuing a zoning certificate for the subject
sites.
9. The material samples and colors presented to the Design Review Board on November 9. 2006, are
accepted and approved. Provide a revised color rendering showing the materials and colors to be used
on the building to represent that which was approved by the Design Review Board on November 9,
2006. The revised elevation plans shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for the subject sites.
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 CeItificate 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 propeIty, 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.
Page 7 of]O
K:\PI::mning Depl\EagJe Applications\Dr\20()(}\DR-I07-06 drfdoc
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
runotT 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 ceItifY that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) 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 Certiticate 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 tixtures, 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 CeItificate 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.
I I. The parking area shall be paved and shall be maintained in good condition without holes and tree 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
tirst. 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,
Page 8 of 10
K\Planning Dept\Eagle Applications\Dr\2006\DR-I07"Oo drfdoc
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 etJects 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).
Page 9 of 10
K."'Planning Dept\E<lgle Appljcmions\Dr\200o\DR-I07-06 drCdne
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use oflandscaping (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 October 5, 2006.
2. Requests for agencies' reviews were transmitted on October 13, 2006, 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- I 07-06) 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 C-2 (General Business District) zoning district.
DATED this 14th day of December 2006.
DESIGN REVIEW BOARD
OF THE. ~~;~ IIGI!
^dlj; /;.;t ~
Eric R. McCullough, Chairman
ATTEST:
~/fJ"o\:\
We 0 .
:u .' _.:
. : ' ~ ~;-: 0
~.. \ stP<J--':4:
\: e. --:\.- '\.'41._ ..
~ ..C'OkPO\lp......t'\"
'", Sr ........ ,v
"" .'1 TE O~
""',......
~~-'. ~ &~~
<.../Sharo K. Bergmann, Eagle ityClerk
Page 10 of 10
K\PhlIming Dept',Eagle Applicalions\Dr\~()06\DR-l 07-06 drf doc