Findings - DR - 2007 - DR-11-07 - Building Addition To The Qwest Communications Facility
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A BUILDING ADDITION )
TO THE QWEST COMMUNICATIONS FACILITY )
FOR QWEST COMMUNICATIONS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-ll-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 26, 2007. 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:
Qwest Communications, represented by Bob Smith with Hutchinson Smith Architects, is
requesting design review approval to construct a 550-square foot building addition. The O.4-acre
site is located on the southeast comer of North Eagle Road and Idaho Street at 62 North Eagle
Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 8, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 15, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 24, 2000, the Eagle City Council approved an addition to the Qwest Communications
building (DR-37-00).
On December 13, 2001, City Staff inspected the site for compliance with the Eagle City Code and
the conditions of approval from DR-37-00. The constructed building elevations did not match the
building elevation submitted and approved with DR-37-00. There was a clock proposed on the
northwest elevation of the building that was omitted. The fence along the alley was constructed as
a six foot (6') high cedar fence; however, the approved material for the fence in this location was
wrought iron with brick columns.
On April 5, 2002, the applicant submitted a design review application requesting a modification of
the building elevations to be permitted as constructed with the omission of the clock which was a
part of the original application, and to change the approved fence material from wrought iron with
brick columns to a vinyl fence.
The Board voted 4 to 0 (McCullough and Howard absent) to approve DR-37-00 MOD for a design
review application to modify the elevations of the Qwest Communication building and to modify
the construction materials of the fence along the south property line from vinyl to cedar.
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E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Commercial use (office
District) space and communications
equipment)
Proposed No Change No Change No Change
North ofsite Central Business District CBD (Central Business Existing Residence
District)
South of site Central Business District CBD (Central Business Retail/Restaurant Uses
District)
East of site Central Business District CBD (Central Business Existing Residence
District)
West of site Central Business District CBD (Central Business Commercial use (Tate's
District) Rents & Jacksons's)
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within Downtown Development Area overlay district.
H. EXISTING SITE CHARACTERISTICS:
There is an existing 6,955-square foot communications facility with associated parking and
landscaping. North eagle Road and Idaho Streets have curb, gutter and sidewalk as required within
Eagle City Code. There are thirteen (13) trees on this site which the applicant is preparing to
retain. Only one (I) tree will be removed with the building addition.
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1. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site l7,359-square feet (0.40 acres) 500-square feet (0.01 acres)
(minimum)
Percentage of Site Devoted to 43% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 10% (approximately) 10% (minimum)
Landscaping
Number of parking Spaces II-parking spaces (existing) 10-parking spaces (minimum)
Front Setback O-feet (west)** O-feet (minimum)
Rear Setback 32'-6"-feet (east)** O-feet (minimum)
Side Setback O-feet (south)** O-feet (minimum)
Side Setback l20-feet (north)** O-feet (minimum)
· Setbacks are measured from the property line to the closest building.
.. Setbacks displayed above are project specific.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One office building/communication facility.
Height and Number of Stories of Proposed Buildings: One story, 16' 0" to match height of existing
building.
Gross Floor Area of Proposed Buildings: 550-square feet
6,955-sQuare feet existing
7,505-total square feet
On and Off-Site Circulation:
An 8, I 04-square foot (approximately) paved parking lot provides parking for vehicles using the
Qwest facility. One gated twenty foot six-inch (20'6") wide driveway provides ingress and egress
to the site on Idaho Street.
K. BUILDING DESIGN FEATURES:
Roof: Flat
Walls: Split-faced concrete block painted to match the existing east wall of the original building
and the addition constructed in 2000.
Windows/Doors: Aluminum with dark bronze glazing to match existing windows and doors.
Fascia/Trim: Pre-finished metal coping cap and brick soldier courses at top of wall to match
existing building.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located
throughout the site. The site/landscaping plan submitted by the applicant shows all but one tree
will be preserved.
Tree Replacement Calculations: A Capital Flowering Pear tree, located in the south-west comer of
the parking area will have to be removed with the building addition to this facility. This tree is
shown on the landscape plan as a 2" caliper tree.
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Eagle City Code Section 8-2A-7(c)(l), requires tree replacement to be 2x that which was removed.
The applicant has the option of (1, planting two (2) sub-three inch (3") caliper trees plus
supporting shrubbery in the front of the building, or (2, placing the dollar equivalent of the
valuation of the Capital Pear tree into the City Tree Fund. The cost of the two trees and supporting
shrubbery would roughly be equivalent in value of the pear to be removed. The tree has been
valued at $550.00.
Proposed Tree Mix (Species & Number): Tree mix at the site consists of Honey Locust and
Capital Flowering Pear trees.
Street Trees: Seven (7) street trees are currently at the site. Five (5) trees located along North eagle
Road and two (2) trees on Idaho Street.
Maintenance Provisions and Proposed Irrigation Methods: Irrigation system has been installed that
serves trees and associated landscaping along street frontage and within the landscaped parking
area.
Transition Zones: N/A
Parking Lot Landscaping: The parking area landscaping consists of seven (7) trees, shrubbery, and
water permeable mulch (perma-bark).
M. TRASH ENCLOSURES: Trash enclosure is on-site and located towards the northeast corner of the
parking area.
N. MECHANICAL UNITS:
As part of the addition, one existing wall-hung HV AC unit will be removed from the east wall. A
new HV AC unit will be installed on the ground in the parking area just north of the addition. The
HV AC unit will be located behind a screening wall.
O. OUTDOOR LIGHTING:
No additional lighting will be installed with this building addition. All existing lighting complies
with Eagle City Code.
P. FENCING/SCREENING:
On October 24,2000, the City Council approved a 3,478 square foot addition to the Qwest
building (DR-37-00). Part of the approval addressed the fence that was to be constructed along the
alleyway at the south end of the property. The Council approved a six-foot (6') high fence to be
constructed of wrought iron with brick columns. However, after the addition and fencing were
constructed, Qwest came back for a modification to DR-37-00 because they had constructed the
six-foot (6') fence out of cedar. The City Council approved the modification October 24,2000
(DR-37-00 MOD).
Q. SIGNAGE: There is no signage associated with this building.
R. PUBLIC SERICES A V AILABLE: The site is being served by electrical, sewer and water services.
S. PUBLIC USES PROPOSED: None
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T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes, adjacent to North Eagle Road and Idaho Street.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
W. 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:
To date, no agency responses have been received regarding this proposal.
X. LETTERS FROM THE PUBLIC:
To date, no letters from the public have been received regarding this proposal.
y. COMMENTS FROM CITY FORESTER:
Memo from Julie Lafferty, dated March 14,2007, and incorporated into site specific conditions of
approval.
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 DDA.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-2A-7(c) (I)
Retention of Existing Trees: Existing trees shall be retained unless removal is approved in writing
by the city. Where trees are approved by the city to be removed from the project site (or from
abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree
1 inch to 6 inch caliper
6 If. inches to 12 inches
12 If. inches or more
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
Ix caliper of tree removed
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· Eagle City Code Section 8-2A-7 (c) (2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in
accordance with subsection C I of this section.
C. DISCUSSION:
· The Qwest building addition will consist of 550 square feet of additional space to house
communications equipment within the existing facility.
· The design of the proposed addition reflects the existing structure through the use of painted split
faced concrete block. A door, located on the north side of the addition will be constructed of black
powder-coated aluminum with dark bronze glazing to match the existing doors and windows.
Fascia and trim of the buildings exterior will match the existing exterior and will be composed of a
pre-finished metal. The existing building, with the style and coloration ofthe masonry work and
arched-type windows follow the Italianate architectural guidelines and specifications which is one
(1) of the nine (9) architectural styles permitted in the EASD book. The proposed 550-square foot
addition to the Qwest facility will be constructed to reflect the desired style of an Italianate-type
building as specified within the EASD book.
· There are thirteen (13) trees located on the site. The plans indicate that with the addition to the
building, one tree is to be removed. The tree, a Capital Flowering Pear is located in the southwest
comer of the parking area. To compensate for the removal of the tree, the applicant is to follow
recommendations by the City Forester. The City Forester recommends:
A. Planting two (2) Goldenchain Trees of two inch (2") caliper size in the front planter. Both
should be equally spaced as reasonably as possible around the existing junipers. The two
inch (2") caliper is acceptable in this case as these trees will need to be structurally pruned
to fit in this tight location.
B. Plant one (1) Vibuumum "Mariesii"; five (5) gallon size at approximately three feet (3')
up and centered on the hill.
C. Plant six (6) Heavenly Bamboo; five (5) gallon in size equally spaced along the front of
the planter bed.
D. Plant two (2) Heavenly Bamboo; five (5) gallon in size In front of the Viburnum
approximately one foot (1 ') above railroad ties.
E. Plant three (3) Heavenly Bamboo in a staggered placement in a dogleg to the west of the
hill where the ground is flat.
F. See attached plan for placement of plants.
· The parking area is enclosed by a brick wall. The wall is comprised of the same type and
coloration of brick as the building to match.
· The site is located in the Downtown Development Area overlay district. Eagle City Code Section
8-2A-6 (3) specifies that fencing shall be constructed utilizing one of the following materials:
a. Vinyl: integrated color required;
b. Block (with columns);
c. Brick with columns;
d. Wrought iron.
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· The fence that runs along the alley at the rear of the property is constructed of cedar. Eagle City
Code 8-2A-6 (3) (e) specifically states "Cedar, fir and similar high maintenance and/or unsightly
fencing shall not be permitted".
· Staff defers comment regarding fencing, 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 below..
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on April 26, 2007, 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 (Weber absent) to approve DR-l 1-07 for a design review application to
add a building addition to the Qwest Communications Facility for Qwest Communications, with
the following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. A plan showing construction fencing around the existing trees (a minimum of 10-feet from the trunk of
the tree or at the drip line of the tree (whichever is closer) to prevent any damage within the drip line of
the tree should be submitted to the City. The construction fencing shall be installed prior to
commencing any site work. Cups or dams shall be built within the drip line of each tree in order to
retain water and the trees shall be watered on a regular basis. No activity whatsoever shall take place
within the drip line of the trees.
2. No roof vents shall extend above the parapet walls.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. No signs are proposed with this application. A separate design review application is required to be
submitted for approval of any signs for this site.
6. Remove and replace the existing six-foot (6') high cedar fence that runs along the alleyway with one
of, or a combination of, fencing materials approved in the City of Eagle Downtown Development Area
(DDA) found in ECC 8-2A-(3)(a-d). Materials and color of the fence will be reviewed and approved
by city staff and one member of the Design Review Board prior to the city issuing a zoning permit.
7. Provide a revised landscape plan incorporating the City Forester's concerns stated in a letter dated
march 14,2007. The revised landscape plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to issuance of a zoning permit.
8. Submit $150.00 to the city at the time of building permit submittal for all fees incurred for reviewing
this project.
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STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
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 ofthe 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
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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,
I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO
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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development 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
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
IS. 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 ofthe development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
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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 City
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 the City Council 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 City Council approval date).
2S. 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 February 8, 2007.
2. Requests for agencies' reviews were transmitted on February IS, 2007, 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-l 1-07) 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 CBD (Central Business District) overlay district.
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DATED this lOth day of May 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co
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