Findings - DR - 2007 - DR-37-07 - Multi Tenant Retail/Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A MULTI-TENANT RETAIU )
OFFICE BUILDING FOR GEM STATE DREAMS, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-37-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 12,2007. The Board continued this item to July 26, 2007, and made their recommendation at that
time. 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:
Gem State Dreams, LLC, represented by Bob Niblett, is requesting design review approval to
construct a single-story, 6,250-square foot multi-tenant retail/office building. The site is located on
the north side of East State Street approximately III-feet west of South Academy Avenue within
Winding Creek East Subdivision at 1201 and 1225 East Winding Creek Drive (Lots 6 & 7, Block
1, Winding Creek East Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 6, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 13, 2007, 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 a preliminary plan and final plat
application for Winding Creek East Subdivision (formerly Hillcreek Business Park (PPIFP-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-38-07 (design review master sign plan application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2 (General Business Vacant lot within Winding
District) Creek East Subdivision
Proposed No Change No Change Multi-tenant Retail/Office
Building
North ofsite Commercial C-2 (General Business Vacant lot within Winding
District) Creek East Subdivision
South ofsite Mixed Use MU (Mixed Use) State Street/multi-tenant
building (under
construction)
East of site Commercial C-2 (General Business Construction Yard
District)
West of site Commercial C-2 (General Business Multi-tenant office
District) building (under
construction)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing parking area which serves the parking requirements for present and future
buildings within the Winding Creek east Subdivision. The parking area has been landscaped per
Eagle City Code. Landscaping has been installed along East State Street. A Landscape strip is also
present between the proposed site and an existing construction storage yard adjacent to the site.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 26,S86-square feet (0.67-acres) 1,300-square feet (0.03-acres)
(minimum)
Percentage of Site Devoted to 23% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 32% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 25-parking spaces 25-parking spaces (minimum)
Front Setback SO-feet (west) 0- feet
Rear Setback 20-feet (east) O-feet
Side Setback 32-feet (south) 0- feet
Side Setback 4- feet (north) 0- feet
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One 6,250-square foot multi-tenant retaiVoffice building.
Height and Number of Stories of Proposed Buildings: 35' 0"; single story.
Gross Floor Area of Proposed Buildings: 6,250-square feet.
On and Off-Site Circulation:
A 9,109-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 20-foot wide shared driveway located to the north of this site provides access to Winding
Creek Road.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Shingles (Black)
Walls: Stucco (Tan, Reddish-Brown, Light Green)
Windows/Doors: Aluminum Storefront Glazing System (frame-Dark Bronzer
FascialTrim: Metal (Brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees within a landscape
area along the east property line which 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: Located within the 5-foot wide landscape strip between the curb and sidewalk along
the frontage of State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed along the east and south sides of the parking
lot. Continuous landscaping is not proposed along the north or west property lines
because this site will be integrated with the properties to the north and west
providing cross access between parcels.
b. Interior Landscaping:
8% interior landscaping is required, 8% is proposed.
M. TRASH ENCLOSURES:
One trash enclosure is located on the property to the north of this site. The trash enclosure was
constructed when the building located to the east was constructed. The enclosure is constructed of
CMU, with metal gates.
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N. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical
units and roof vents will be screened by the mansard roof.
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 SERICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has
been received by the City. A water service approval has not been received to date. Approval of
the water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the report. Comments, which appear to be of special concern, are noted
below:
Ada County Highway District
Chevron Pipeline
Eagle Fire Department
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W. LETTERS FROM THE PUBLIC: None
X. COMMENTS FROM CITY FORESTER:
Memo from Julie Lafferty, dated July 2,2007, (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
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(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.
. Eagle City Code Section 8-2A-7(M)(2)
In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
C. DISCUSSION:
· The applicant is proposing to construct a single-story multi tenant retail/office building using the
Mediterranean style of architecture. The applicant is proposing the exterior of the building to be
comprised ofa stucco finish only. The EASD Book, page 47; clearly states that "Mediterranean
building styles include a dominant stucco exterior, which for purposes of Eagle architecture shall
be prohibited. Stucco exteriors are permitted if combined with other materials, such as masonry or
wood". The applicant should provide revised building elevations incorporating additional
materials as specified in the EASD book for the Mediterranean style of architecture. The revised
building elevation should be reviewed and approved by the Design Review Board prior to the City
issuing a zoning certificate for this site.
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· Following the EASD guidelines for Mediterranean style buildings, the building itself has been
designed with towers on the west and south building elevations with a mansard-style roof. The
roof will screen all roof top mechanical units, exterior duct work, and roof vents required for the
building. The roof will be low pitched with black asphalt shingles. Typically, a Mediterranean
style building would feature ceramic roof tiles, but for reasons of costs associated with
construction of the building, the applicant desires to use asphalt shingles instead. Staff defers
comment to the Design review Board regarding the use of asphalt shingles.
· There is an existing landscaped strip and six foot (6')-high vinyl fence located along the east side
of the property between the proposed building and the construction yard. The applicant will
retain, protect and incorporate the existing landscaping into the overall landscape plan for the site.
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided below.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on July 12, 2007. The
application was continued to July 26, 2007, 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 4 to 0 (Grubb, Barnes and Weber absent) to approve DR-37-07 for a design
review application to construct a multi-tenant retaiVoffice building for Gem State Dreams, LLC,
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:
1. Provide revised building elevation showing the incorporation of stone, brick, wood or other materials
to satisfY requirements as specified in the EASD book for the Mediterranean style of architecture. The
revised elevations shall be reviewed and approved by staff and one Design Review Board member
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.
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.
5. Su~mit $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-38-07) 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.
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7. Provide sample of the type and color of tile to be used for the roof. The tile sample shall be reviewed
and approved bv staff prior to the City issuing a Zoning Certificate for the site.
8. Provide revised elevations showing arches located above all windows and doorways. Revised
elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for the
site.
9. Provide revised landscape plan showing all trees in the vicinity of the site. Revised landscape plan
shall be reviewed and approved by staff prior to the City issuing a zoning certificate for the site.
10. Provide detailed cut sheets of proposed lighting for the site. The cut sheets shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for the site.
11. Provide revised elevations showing materials and treatment of materials to be used for the corbels and
trellis. Revised elevations shall be reviewed and approved bv staff prior to the City issuing a zoning
certificate for the site.
12. Provide revised landscape plan showing additional trees located along the south portion of the
property. Revised landscape plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for the site.
13. The materials. colors. and elevations provided by the applicant date stamped bv the City on Julv 23.
2007. are approved.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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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 certiry 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.
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 of3,600 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,
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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 Council or 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 ofthe 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.
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 modii)' 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).
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25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use ofIandscaping (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 June 6, 2007.
2. Requests for agencies' reviews were transmitted on June 13, 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-37-07) 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 C-2 (General Business District) zoning district.
DATED this 26th day of July 2007.
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