Findings - DR - 2007 - DR-44-07 - Construct A Multi-Tenant Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A MULTI TENANT OFFICE BUILDING )
FOR DAVE EVANS CONSTRUCTION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-44-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 9, 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:
Dave Evans Construction, represented by Travis Burrows, is requesting design review approval to
construct a multi-tenant office building. The 0.33-acre site is located on the south side of East
Winding Creek Drive approximately 1 28-feet west of South Academy Avenue at 1259 East
Winding Creek Drive (Lot 8, Block I, Winding Creek East Subdivision).
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on July 3,2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 16, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-45-07 (design review sign 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 Subdivision
Proposed No Change No Change Multi-tenant office
building
North of site Commercial MU-P (Mixed Use - Planned Existing Parking
Unit Development) Lot/Proposed multi-tenant
office building
South of site Commercial C-2 (General Business Vacant lot within Winding
District) Creek
Subdivision/proposed
multi-tenant office building
East of site Commercial C-2 (General Business Contractors yard
District)
West of site Commercial C-I (Neighborhood Business Multi-tenant
District) retail/restaurant building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is existing landscaping and berming along the east,
northeast and northwest portions of the site.
I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 14,593-square feet (0.33-acres) 1 ,300-square feet (0.03-acres)
Percentage of Site Devoted to 29% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 35 % (approximately) 10% (minimum)
Landscaping
Number of parking Spaces 1 7 -parking spaces 16-parking spaces (minimum)
Front Setback 36-feet (west) O-feet (minimum)
Rear Setback 1 0- feet (east) O-feet (minimum)
Side Setback IO-feet (south) O-feet (minimum)
Street Side Setback 39-feet (north) O-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant office building.
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Height and Number of Stories of Proposed Buildings: Twenty feet (20'), one story.
Gross Floor Area of Proposed Building: 4,200-square feet.
On and Off-Site Circulation:
Access to the site is from East Winding Creek Drive and the existing parking lot is within Winding
Creek East Subdivision.
K. BUILDING DESIGN FEATURES:
Roof: Mediterranean style "Monier - Villa" concrete tiled roof (Pueblo Sienne Blend).
Walls: Stucco with brick veneer and tile brick (Dutch Boy B9-3 Spinning Wheel).
Windows/Doors: Aluminum storefront doors and windows.
Fascia/Trim: B9-2 "Boothill Brown" stucco fascia and trim.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Existing landscaping includes various trees
and shrubs located within the parking lot and along the east property line which are proposed to
remain.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): One (1) Weeping Blue Atlas Cedar, two (2) Spartan
Junipers, two (2) Weeping White Pine, one (1) Emerald Green Arborvitae.
Street Trees: This site is not adjacent to any public streets.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation system required
within all landscaped areas.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
The perimeter of the existing parking lot is landscaped.
b. Interior Landscaping:
The interior of the existing parking lot is landscaped.
M. TRASH ENCLOSURES:
There is an existing trash enclosure located IOO-feet (approximately) north of the property.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The units will be screened by
landscaping.
O. OUTDOOR LIGHTING:
Outdoor lighting will be mounted to exterior walls ofthe building to identiry entrance and exit
points on the building. No additional outdoor lighting will be installed with this building. All
proposed lighting will comply with Eagle City Code.
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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:
A preliminary approval letter from Central District Health 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 - no
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 - no
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 attached. Comments, which
appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
W. LETTERS FROM THE PUBLIC: None
X. COMMENTS FROM CITY FORESTER: Memo from the City Forester dated July 30, 2007 (see
attached)
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan 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)(S)(b)
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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 ofthe parapet wall (e.g., the perspective generally as shown on an elevation
plan);
. All vents protruding through the roof, and similar features shall be painted so as to match the color
of the roof.
C. DISCUSSION:
. The applicant is proposing to construct one 4,200-square foot multi-tenant office building on Lot
8, Block 1, of Winding Creek East Subdivision. Access and parking for the site will be provided
by the existing Winding Creek East parking lot which takes access from East Winding Creek
Drive. The building has been designed in the Mediterranean style with its asymmetrical fa~ade,
low pitched hipped roof with "Villa Style" concrete tiling, arcaded porch entrances, and
masonry/stucco finish. A stained red cedar trellis overhang is proposed to be attached to the north
elevation of the building.
. 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 within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 9, 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 5 to 0 (Wright absent) to approve DR-44-07 for a design review application to
construct a multi-tenant office building for Dave Evans Construction, 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 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.
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.
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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-45-07) 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.
7. Provide revised elevations showing the brick on the columns to continue to the gable and to cover the
entire area above the arch. The revises elevations shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
8. Provide a sample of the stained trellis. The sample shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
9. Provide a revised landscape plan reflecting the changes suggested by the City Forester. The revised
landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
10. Provide revised elevations showing the location of the electrical panel on the east elevation ofthe
building to be coordinated with the landscape plan and with the arborvitae planted in front of it. The
revised elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
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, wh ichever 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
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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 (1) 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 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
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prior to issuance ofa 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.
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 ofa 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. Staffmay
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 ofthe 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).
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
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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:
I. The application for this item was received by the City of Eagle on July 3,2007.
2. Requests for agencies' reviews were transmitted on July 16,2007, 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-44-07) 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 23rd day of August 2007.
ATTEST:
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Sharorl K. Bergmann, Eagle City I lerk
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