Findings - DR - 2008 - DR-82-07 - Construct A Multi-Tenant Retai/Restaurant
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
BUILDING DESIGN REVIEW TO CONSTRUCT )
A MULTI-TENANT RETAILIRESTAURANT )
FOR GARDNER AHLQUIST DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-82-07
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 10,2008. 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Gardner Ahlquist Development, represented by Doug Racine with BRS Architects, is requesting
design review approval to construct a 3,305-square foot multi-tenant retail/restaurant building.
The 0.451-acre site is located on the north side of State Highway 44 approximately 1 ,300-feet east
of Park Lane at 3300 West State Street within Eagle Island Crossing Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 6,2007.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 13, 2007, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
On September 7, 2004, the Eagle City Council approved a comprehensive plan amendment and
rezone (CPA-3-03 & RZ-8-03) with a development agreement (including a concept plan) for this
site.
On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony Subdivision
(PP-07-04) on this site.
On April 17, 2007, the Eagle City Council approved a preliminary plat time extension for
Symphony Subdivision (PP-07-04) on this site.
On November 13,2007, the Eagle City Council approved a conditional use permit for a height
exception request for the Arts West Music Academy building (CU-13-07).
On November 13,2007, the Eagle City Council approved the common area landscaping and Arts
West Music Academy building (DR-67-07).
E. COMPANION APPLICATIONS: DR-83-07 (design review master sign plan application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with a Vacant
development agreement)
Proposed No Change No Change Retai I/Office/Restaurant
North of site Transitional Residential A-R (Agricultural- Residence
Residential)
South of site Public/Semi-Public PS (Public/Semi-Public) State Highway 44/Eagle
Island Park
East of site Residential One R-I (Residential) Residential (Colony
Subdivision)
West of site Mixed Use MU-DA (Mixed Use with a Vacant (proposed Mill
development agreement) Park Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is vacant with the exception of 7 mobile offices (6
portable classrooms and 1 portable restroom) for the Arts West School located in the northern
portion of the development.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.451-acres (19,645-square feet) 0.0 I-acres (5 OOO-square feet)
(minimum)
Percentage of Site Devoted to 20% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 10% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 29-parking spaces total 13-parking spaces for retail use
(minimum)
22-parking spaces for restaurant
use (minimum)
Front Setback 40-feet (south)* 20-feet (minimum)
Rear Setback 20-feet (north)* 20-feet (minimum)
Side Setback 40-feet (east)* 7.5-feet (minimum)
Side Setback 28-feet (west)* 7.5-feet (minimum)
* Note: Setbacks are measured from the perimeter of the development to the closest building.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as retail/office/residential uses.
Height and Number of Stories of Proposed Buildings: 23' high; one story.
Gross Floor Area of Proposed Buildings: 3,305-square feet.
On and Off-Site Circulation:
A more than adequately sized paved parking lot will provide parking for vehicles using this site.
Ingress/egress to the site is to be provided by one access point located on State Highway 44 and
one access point to Flint Drive.
K. BUILDING DESIGN FEATURES:
Architectural Design: Tudor
Roof: Presidential tri-Iaminate asphalt shake ("shadow gray")
Walls: Cement plaster (stucco) wall finish ("Valley Forge Brown"). Stone - "Cultured Stone"
Bucks County Country Ledgestone.
WindowslDoors: Vinyl windows (Dark Brown), Doors (Brown)
Fascia/Trim: Wood textured, fiber cement board trim ("Brown Tar")
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/ A
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Proposed Tree Mix (Species & Number):
K wanzan Flowering Cherry - 1
Weeping Giant Redwood - 1
Street Trees: N/ A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping was approved in the landscape plan for the entire Eagle
Island Crossing development (DR-67-07).
b. Interior Landscaping: 10% interior landscaping is required, 13 .39% is proposed.
M. TRASH ENCLOSURES:
One 144-square foot (approximately) trash enclosure is proposed to be located near the southwest
corner of this site. Trash enclosure will be concrete block with a metal gate and will be screened
by trees and shrubs.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are
proposed to be screened by an eight foot (8') high parapet wall.
O. OUTDOOR LIGHTING:
A site and parking lot light plan for the Eagle Island Crossing development showing location,
height, and wattage has been reviewed and approved by the Design Review Board (DR-67-07).
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 AVAILABLE:
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
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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
Central District Health
Chevron Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated December 18,2007 (attached to the staff report and is
incorporated herein by reference).
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 Mixed Use.
B. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Building placement shall be designed such that parking areas are at the sides of buildings, but not
concentrated between the buildings and State Highway 44. Any buildings facing State Highway
44 shall be located at varied angles with the roadway to provide variety and to alleviate any walled
corridor effect. The criteria to meet this requirement shall be reviewed and approved by the
Design Review Board, prior to the issuance of any building permits.
. All buildings on lots contiguous to the State Highway 44 right-of-way shall be designed and
constructed with architectural features and materials that enhance the entry corridor into the City.
All buildings shall comply with the architecture styles found in the Eagle Architecture and Site
Design (EASD) book. Architectural styles not shown within the EASD book will not be
considered.
. Service driveways to the building sites facing the road rights-of-way shall be designed to maximize
the landscaping abutting the buildings without compromising function and utility. All lots and
buildings shall be configured so as to screen any and all loading areas and trash enclosures from
view as seen from residential uses or roadways. Screening materials and location ofthe loading
docks and trash containers shall be reviewed and approved by the Design Review Board prior to
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issuance of any building permits.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.10 Excluding the residential subdivision located on Lots 1 and 2, Block 1, all buildings require the
approval of the Design Review Board. The design of the buildings shall incorporate residential
elements to ensure compatibility with surrounding uses. All buildings shall be designed in
accordance with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City
Code Section 8-2A.
D. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
. 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)
Roofmounted mechanicals, all vents protruding through the roof, and similar features
shall be painted so as to match the color of the roof.
E. DISCUSSION:
. The applicant is proposing to construct a 3,305-square foot multi-tenant retail/restaurant building
within the Eagle Island Crossing Subdivision.
. The design of the proposed building will be in the classic "Tudor" architectural style found within
the Eagle Architecture and Site Design book. The roof of will be constructed of gray asphalt
shakes and the fal(ade will feature brown stucco and "simulated half-timbering" made from
cultured stone and wood textured fiber cement. Dark bronze storefront windows are proposed for
the east and west elevations of the building.
. Condition number thirteen in the preliminary plat for Symphony Subdivision (PP-07-04) states
that any buildings facing State Highway 44 shall be located at varied angles to prevent a walled
corridor effect. According to the site plan date stamped by the City on December 6, 2007, the
buildings located along State Highway 44 are not angled. The applicant should provide a revised
site plan that shows the buildings along State Highway 44 to be located at varied angles with the
roadway to provide variety and to alleviate a walled corridor effect. The revised site plan should
be reviewed and approved by staff and two members of the Design Review Board.
. The City Forester has no comment regarding the landscaping for this facility. Staff defers further
comment regarding these recommendations to the Design Review Board.
. Staff defers further comment regarding building design and colors to the Design Review Board.
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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 January 10, 2008, 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 (Butler abstained, Weber absent) to approve DR-82-07 for a design review
application to construct a multi-tenant retail/restaurant building for Gardner Ahlquist
Development, with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with strike thru to be deleted by the Board and
text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of the Design Review application for the common area
landscaping within Eagle Island Crossing Subdivision (DR-67-07).
2. Comply with all applicable conditions of the comprehensive plan amendment, rezone and preliminary
plat applications for Eagle Island Crossing Subdivision (CPA-03-03/RZ-08-03 & PP-07-04).
3. Provide a revised site plafl tHat shows the buildings along State Highway 14 to be leeatea at varied
angles 'Nith the read'Nay to 19ro'/ide Yaiiety afld te alleviate a walled eorriaer eff-eet. The revised site
plafl SHall be revie'.ved afld approved by staff and two members ofthe Desigfl Review Beard.
4. Provide re>lised site and landseape plafls shovdng the loeation of pedestriafl afReflities to be loeated OH
this site (Le.: beHehes, trasH reeeptaeles, ash urns). Detailed eut sheets showing the style, size, eo lor,
ete. shall be submitted to the City. The revised site and lafldseape plans aHd the detailed eut sheets
shall be reviewed and appnr:ed BY staff prior to the City issuiflg a zoniHg eertifieate for this site.
5. Provide a re':ised site and landseape plan showiHg the 10eatioH of a bike rook to ee leeateo on this site.
The revised site afld lafldseape 191an shall be reviewed and appreved by staff prier to the City issuiHg a
zoning eertifieate for this site.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
10. No signs are proposed with this application. A separate design review application (DR-83-07) has been
submitted for the approval of a master 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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11. The site and landscape plan date stamped by the City on December 6,2007, showing the building to
be constructed parallel to State Highway 44, is accepted.
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 HeaIth & 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 (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
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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 (Le.; 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 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.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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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 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).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City 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 December 6, 2007.
2. Requests for agencies' reviews were transmitted on December 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-82-07) 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.
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4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (Mixed Use with development agreement) zoning district.
5. The Board recognizes the preliminary plat requires the buildings facing State Highway 44 are to be
located at varied angles to alleviate a walled corridor effect. The Board recommends that the building
be constructed as shown because of the distance between State Highway 44 and the proposed building,
the extensive landscaping proposed along State Highway 44, the distance between the buildings, and
the architectural features proposed on the south elevation of the building.
DA TED this 24th day of January 2008.
ATTEST:
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Sharon K. Bergmann, Eagle City lerk
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