Findings - DR - 2007 - DR-55-07 - Multi-Tenant Office Bulding Within East Winding Creek Subdivision
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW OF A MULTI-TENANT)
OFFICE BUILDING WITHIN EAST WINDING )
CREEK SUBDMSION FOR J & S PROPERTIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-55-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 13,2007, and made their decision 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:
J&S Properties, LLC, represented by Bob Niblett, is requesting design review approval to
construct a 4,059-square foot single-story multi-tenant office building. The site is located on the
north side of East State Street approximately 278-feet east of East Hill Road within Winding Creek
East Subdivision at 1155 East Winding Creek Drive (Lot 4, Block I, Winding Creek East
Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August I, 2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 7, 2007, to accordance with the
requirements ofthe Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 11, 2005, the Eagle City Council approved a combined preliminary plat 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 APPLlCA nONS: DR-56-07 (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 DE SIGNA TION
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 of site Commercial C-2 (General Business Vacant lot within Winding
District) Creek East Subdivision
South of site Mixed Use MU (Mixed Use) State Street/multi-tenant
building
East of site Commercial C-2 (General Business Multi -tenant Retai l/Office
District) Building
West ofsite Commercial C-2 (General Business Multi-tenant office
District) building
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.
1. SITE DESIGN INFORMATION:
Site Data Proposed Req uired
Total Acreage of Site l5,936-square feet (0.367-acres) 1,300-square feet (0.03-acres)
(minimum)
Percentage of Site Devoted to 25% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 9% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 1 7 -parking spaces 16-parking spaces (minimum)
Front Setback 70-feet (south) O-feet
Rear Setback 73-feet (north) 0- feet
Side Setback 2 I-feet (east) O-feet
S ide Setback 4- feet (west) 0- feet
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One 4,059-square foot multi-tenant office building.
Height and Number of Stories of Proposed Buildings: 30' 0"; single story.
Gross Floor Area of Proposed Buildings: 4,059-square feet.
On and Off-Site Circulation:
A 41,1 08-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:
Building Architectural Style: Mediterranean
Roof: Concrete tile (Burnt Sienna)
Walls: Stone with Stucco (Tan, Light-Brown)
Windows/Doors: Aluminum Storefront Glazing System (frame-Dark Bronze)
Fascia/Trim: Metal (Brown)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: N/ A
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 west was constructed. The enclosure is constructed
ofCMU, 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 a mansard-style roof.
O. OUTDOOR LIGHTING:
The applicant is proposing Mediterranean Wall-Mounted Lantern style lighting. Cut sheets of
proposed lighting are attached to this report and incorporated herein by reference.
P. SIGN AGE:
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 preliminary approval letter from Eagle Fire Department has been received by the City. Water
and sewer service approval with Winding Creek East Subdivision.
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. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Chevron Pipeline
Eagle Fire Department
W. COMMENTS FROM CITY FORESTER:
Letter from Julie Lafferty, City Forester, dated August 20, 2007, is attached to this report and
incorporated herein by reference.
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ST AFF ANALYSIS:
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 8-4-5 - Schedule of Parking Requirements
Offices, business and professional:
1 parking space per 2S0 square feet of gross floor
area.
. Eagle City Code Section 8-2A-6(A)(S)(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)(S)(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 (S) shrubs
per thirty five (3S) 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 (3S) linear
feet of street frontage.
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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 of stucco and stone finish which complies with page 47 ofthe City of Eagle EASD
book which 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 exterior of the building also
features columns accentuating the front and rear entrances to the building and on the comers of the
building as well. The building elevation date stamped by the City on August 1, 2007, shows large
windows featured on all four sides ofthe building to provide another dimension to the building's
exterior.
. Following the EASD guidelines for Mediterranean style buildings, the building itself has been
designed with a tower on the south building elevation with a mansard-style roof. The roof will
screen all rooftop mechanical units, exterior duct work, and roof vents required for the building.
The roofwill be low pitched with burnt sienna-colored concrete tiles. The applicant indicates that
the incorporation of the tower, style of roof, and use of a stone and stucco exterior will
complement the Mediterranean-style buildings and other buildings that have previously been
approved within the Winding Creek East Subdivision.
. There is an existing landscaped strip and five foot (S') wide sidewalk located along the south
frontage ofthe building along State Street. The sidewalk and landscaped area were installed as a
part of the original Winding Creek East Subdivision master plan approved by the Design Review
Board on February 8, 2005 (DR-131-04).
. Staff defers comment regarding building design and colors to the Design Review Board.
ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 13, 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 4 to 0 (Grubb and Whittaker absent) to approve DR-5S-07 for a design review
application of a Multi-tenant office building for J & S Properties, 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. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
2. The applicant shall pay all Engineering fees incurred for reviewing this project prior to the issuance of
a building permit.
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3. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
4. 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.
5. The applicant shall provide a revised south elevation ofthe building showing the wall sign areas
modified with rounded upper comers and background materials such as inset tiling or wrought iron for
each wall si n location. The revised elevations shall be reviewed and a roved b staff and two 2
members of the Design Review Board.
ST ANDARD 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 pennits 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 penn its
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 stonn 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
ofthe storm drain disposal system shall be complete before an occupancy permit is issued.
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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
fi rst.
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.
II. 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 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 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.
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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 ofthe 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 ofa building pennit 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 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 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 harmless for any
and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on August I, 2007.
2. Requests for agencies' reviews were transmitted on August 7, 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-55-07) 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 27th day of September 2007.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada COlin , da 0
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