Findings - DR - 2006 - DR-121-06 - Construct A 8370 Sq'multi-Tenant Retail/Restaurant Building/1117 E Winding Creek Driv
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A MUL Tl- )
TENANT RETAILIRESTAURANT BUILDING )
FOR RETAIL DEVELOPMENT NA, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-121-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 14,2006. The 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:
Retail Development NA, LLe. represented by Joe Thompson with BRS Architects, is requesting
design review approval to construct an 8,370-square foot multi-tenant retail/restaurant building.
The site is located on the southeast corner of Hill Road and East Winding Creek Drive within
Winding Creek East (Lot 1, Block I) at 1117 East Winding Creek Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 1,2006.
e. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 3, 2006, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 11. 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-131-04)).
E. COMPANION APPLICATIONS: DR-120-06 (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 Commercial C-2 (General Business Vacant
District)
Proposed No Change No Change Multi-tenant
Restaurant/Retail Building
North of site Commercial MU-P (Mixed Use. Planned Sooner Condominiums
Unit Development)
South of site Commercial C-2 (General Business Vacant Lot within Winding
District) Creek East
East of site Commercial C-I (Neighborhood Business WRG Multi-tenant Office
District) Building
West of' site Mixed Use MU-P (Mixed Use, Planned Multi-tenant Retail!
Unit Development) Restaurant/Office Building
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 on this site.
1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 40,51 I-square feet (0.93-acres) 1,300-square feet (0.03-acres)
(minimum)
Percentage of Site Devoted to 21 % (approximately) 92'J{, (maximum)
Building Coverage
Percentage of Site Devoted to Isr;!o (approximately) /0% (minimum)
Landscaping
Number of Parking Spaces 47-parking spaces 46-parking spaces (minimum)
Front Setback 20-feet (west) O-feet
Rear Setback 107 - feet (east) O-feet
Side Setback 20-feet (north) O-feet
Side Setback 36-feet (south) O-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One multi-tenant restaurant/retail building.
Height and Number of Stories of Proposed Building: 24-feet; one story.
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Gross Floor Area of Proposed Building: 8,370-square feet.
On and Off-Site Circulation:
A 17,682-square foot (approximately) paved parking lot provides parking for vehicles using this
site. There is one 24-foot wide driveway located on the east property line of this site providing
access to East Winding Creek Drive and one 24-foot wide driveway on the south property line of
this site providing access to Hill Road.
K. BUILDlNG DESIGN FEATURES:
Roof: Concrete tile (Charcoal Brown Blend) and metal barrel roof (Copper Metallic)
Walls: Interstate Brick (Charleston), Stucco (Audubon Russet, Adobe Beige, Wethersfield Moss,
and Maryville Brown)
Windows/Doors: Aluminum storefront (Dark Bronze)
FascialTrim: Wood (Hasbrouck Brown)
Others: Rough-sawn timbers (Dark Walnut Stain)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within the
parking lot landscape islands, along East Winding Creek Drive, and along Hill Road 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 street trees along Hill Road and East Winding Creek Drive were installed by the
developer of Winding Creek East. The trees are to be protected and retained.
Maintenance Provisions and Proposed Inigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been installed along the north property line. however,
continuous landscaping has not been proposed along the east and south property
because this site will be integrated with the properties to the east and south
providing cross access between the parcels.
b. Interior Landscaping: 8% interior landscaping is required, 8'7<, is proposed.
M. TRASH ENCLOSURES:
One 144-square foot trash enclosure is proposed to be located approximately twenty feet (20') east
of the building within the northwest corner of the site parking lot. The enclosure is proposed to be
constructed of split-face CMU walls (Maryville Brown) with steel gates (Hasbrouck Brown). all of
which will match the colors and materials used in the construction of the proposed building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened within a well located within the roof. No ground mounted mechanical
units are proposed and none are approved.
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.
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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 A V AILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
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
req u ired
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
Central Health District
Chevron Pipeline
Eagle Fire Department
Eagle Sewer District
W. LETTERS FROM THE PUBLIC:
Letter from the Retail Development of North America, LLC, dated October 26,2006 (incorporated
herein by reference and attached to the staff report).
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.
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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.
e. DISCUSSION:
. The applicant is proposing to construct one 8,370-square foot multi-tenant retaillrestaurant
building on Lot 1 of Winding Creek East Subdivision. The building is placed adjacent to Hill
Road and East Winding Creek Road and includes pedestrian connections from the building to each
road. The applicant is proposing a pedestrian plaza on the southeast corner of the huilding
adjacent to the parking lot. The building has been designed in the Mediterranean style with its
asymmetrical fa~ade, low pitched hipped roof, octagonal tower, arcaded porch entrances, and
masonry/stucco finish.
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 December 14, 2006, 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.
e. 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 3 to 0 (Barnes, MacDonald, McCullough. and Weber absent) to approve DR-
121-06 for a design review application to construct a multi-tenant retail/restaurant building for
Retail Development NA, LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike thru to be deleted hy the
Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Provide detailed cut sheets showing the size, height, color, style. etc. of the proposed bike rack. The
detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate
for this site.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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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 hy
the City Engineer.
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-122-06) has
been submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
7. Provide detailed plans showing the construction of the fountain and seating wall located in the patio.
The details shall indicate size, height. color, material, etc. The detailed plans shall be reviewed and
approved by staff and one member of the Design Review Board prior to the Citv issuing a zoning
certificate for this site.
8. Provide a revised landscape plan indicating the material (i.e.: stamped concrete or pavers) and colors to
be used in the plaza area. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the Citv issuing a zoning certificate for this site.
9. Provide a revised landscape plan showing a detail of the boarder between the planter areas and the
grass areas. The revised landscape plan shall be reviewed and approved bv staff and one memher of
the Design Review Board prior to the Citv issuing a zoning certificate for this site.
10. Provide a revised landscape plan adding a note that drip svstems shall be used around the base of the
building. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing
a zoning certificate for this site.
II. Provide a revised colored rendering and material samples showing the Audubon Russet (Benjamin
Moore HC-51) and Wethersfield Moss (Benjamin Moore HC-l/O) to be toned down. The revised
colored rendering and material samples shall be reviewed and approved by staff and one member of
the Design Review Board prior to the City issuing a zoning certificate for this site.
12. Provide revised elevation plans showing the location of gutters and downspouts on the building. The
applicant shall show the color of the gutters and downspouts. The location and color of the gutters and
downspouts shall be reviewed and approved bv staff and one member of the Design Review Board
prior to the City issuing a zoning certificate for this site.
ST ANDARD 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.
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.
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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.
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 ( 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 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.
/0. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
II. The parking area shall be paved and shall be maintained in good condition without holes and free of all
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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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building pcrmit 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 thc
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.
:2 I. 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.
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..,.., 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 us.: is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harml.:ss 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 November I, 2006.
.., Requests for agencies' reviews were transmitted on November 3, 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-121-06) 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.
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DA TED this 28th day of December 2006.
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