Findings - DR - 2008 - DR-51-08 - Construct A Wastewater Treatment Facility
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A WASTEWATER TREATMENT FACILITY )
FOR THE EAGLE SEWER DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-51-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 11, 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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
The Eagle Sewer District, represented by Lynn Moser, is requesting design review approval to
construct a 7,200-square foot wastewater treatment facility. The 17.2-acre site is located on the
south side of West State Street approximately one mile west of Eagle Road at 1993 West State
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 31,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 7, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 12,2005, the Eagle City Council approved the annexation and rezone with a development
agreement (A-5-05 & RZ-8-05) and a conditional use permit application (CU-4-05) for a waste
water treatment facility for this site.
On September 12, 2006, the Eagle City Council approved a modification to the conditional use
permit application (CU-4-05 MOD).
On August 14,2007, the Eagle City Council approved a design review application for the common
area landscaping within Phase I of the Eagle Sewer District Facility (DR-41-07).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two PS-DA (Public/Semipublic Agriculture/vacant
with development agreement)
Proposed No Change No Change Wastewater treatment
facility
North of site Mixed Use & Residential PS (Public/Semipublic), A Agriculture & Residential
Two (Agricultural), A-R (two units/acre)
(Agricultural-Residential) &
R2-DA-P (Residential-
Development Agreement-
Planned Unit Development)
South of site Industrial A (Agricultural) Wastewater treatment
East of site Public/Semi-Public RUT (Residential- Ada Wetland mitigation
County designation)
West of site Residential Two RUT (Residential - Ada Agriculture
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are numerous mature trees located throughout this site that are to be retained. The
landscaping on the berm located adjacent to State Highway 44 is to be protected and retained.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 241,350-square (5.54-acres) N/A
Percentage of Site Devoted to 5% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 95% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces N/A N/A
Front Setback 850-feet (north) 75-feet (minimum)
Rear Setback 1 OO-feet (south) O-feet (minimum)
Side Setback 300-feet (west) 50-feet (minimum)
Side Setback 320-feet (east) 50-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a wastewater treatment facility.
Height and Number of Stories of Proposed Buildings: 33-feet; one story.
Gross Floor Area of Proposed Buildings: 7,200-square feet.
On and Off-Site Circulation:
The property is currently being accessed from the driveway on State Highway 44 which provides
access to the existing sewer treatment facility to the south. There is also an access point west of the
existing driveway, which is utilized for farming the northwest comer of the property. The west
access will possibly be utilized later after the re-alignment of Ballantyne Road.
K. BUILDING DESIGN FEATURES:
Roof: Single-ply roofing system (white)
Walls: Textured Split Face CMU (Rose Brown, Cream, Baja Brown, Canon Rust)
WindowslDoors: Frosted aluminum windows (rust or dark red), Metal doors (rust or dark red)
Fascia/Trim: CMU split face or concrete (natural grey color)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located throughout
this site that are to be protected and retained.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
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Street Trees: No new streets will be constructed with the wastewater treatment facility. The
landscape berm along State Highway 44 has been installed.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping: There is plenty of asphalt area for parking around this facility but
because this facility is located in the middle of the Eagle Sewer District property, no landscaping
has been proposed around the perimeter of this project.
M. TRASH ENCLOSURES:
The trash receptacle for this site will be located within the building.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are
proposed to be screened by the parapet walls. There is a ground mounted odor control unit and
standby generator that will be screened from view by a nine foot (9') high screen wall. The screen
wall will be constructed of the same materials as the building.
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 SERVICES A V AILABLE:
A preliminary approvalletter 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 - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
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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:
Central District Health - no objection
Chevron Pipeline - no conflict
Eagle Fire Department - no opposition but do need to review construction plans prior to any
building permits being issued.
Idaho Department of Lands - high water mark and the availability of public access in accordance
with the Public Trust Doctrine.
Idaho Transportation Department - the existing driveway is temporary until Ballantyne Road is
relocated, at which time the existing driveway will need to be closed and a new driveway located
on the new Ballantyne Road alignment.
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated August 26, 2008 (see attached).
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 Residential.
B. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.3 The applicant shall construct a minimum seventy-five foot (75') wide landscaped buffer area with
a minimum ten foot (10') high berm constructed with a 3:1 slope along State Highway 44 in
accordance with ECC 8-2A-7(J)(4)(c) and a fifty foot (50') wide landscaped buffer area adjacent
to the east and west boundaries of the site.
2.4 The applicant shall submit a master site Design Review application for review and approval by the
Design Review Board prior to the commencement of any grading and/or construction of berms on
the site. Berm construction and associated landscaping shall be completed prior to the issuance of
any building permits.
2.5 A separate Design Review application shall be required for any signage for the site.
2.6 All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the landscaping areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the issuance
of any building permits.
2.7 Landscaping and landscaped berms along the Property's frontage at 1993 West State Street (State
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Highway 44) shall be completed and installed within one (1) year from July 26, 2006, to assure
adequate screening when the buildings and other components of the wastewater treatment facilities
are subsequently constructed on the property.
2.9 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with the
EASD Book will not be permitted.
2.10 The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
2.15 The development area (lot coverage) shall not exceed 50% of the site.
2.16 All site lighting is to be shielded to direct all light downward and not project horizontally onto
any public right of way, private street, or onto the property line of any residentially zoned parcel of
land or parcel of land used for residential purposes. All lights shall be approved as to location
design and intensity by the Design Review Board.
2.19 Plans shall be submitted to the Design Review Board for review and approval prior to the
issuance of any building permits.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-5 (E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
I may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD book will
not be considered. A copy of the EASD book is available at Eagle city hall.
· 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);
D. DISCUSSION:
. The applicant is proposing to construct a 7,200-square foot wastewater treatment facility to replace
the existing one, as it is under capacity and in need of repair. The proposed facility has been
designed to accommodate the future needs of the City as it grows. The applicant has designed the
building to comply with elements of the Romanesque Revival and the Mediterranean styles of
architecture. Textured split face block is to be used for the exterior walls along with accent bands.
Natural grey concrete is to be used around the doors and arched canopies are to be located over the
doors. It is staffs opinion that the building has some nice architectural features considering the
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building is located approximately 850-feet south of State Highway 44 behind a ten foot (10') high
landscape berm.
. Per the development agreement for this site, a ten foot (10') high by seventy five foot (75') wide
berm with landscaping was constructed along the frontage of this site adjacent to State Highway
44. The purpose of having the berm constructed prior to the facility being constructed was to have
landscaping a berm with a couple years growth on the trees and shrubs planted within the berm to
provide more of a buffer before the new wastewater treatment facility was constructed.
The applicant has submitted site photos showing the proposed building superimposed on the
pictures (see sheet A-5). What the applicant is showing in these photos is that because of the large
berm and extensive landscaping along State Highway 44, for the most part the building will not be
visible. There are a few areas from the road where the building is visible; however, once the
landscaping adjacent State Highway 44 matures the proposed building will blend in with the
landscaping.
. 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 within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 11, 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 6 to 0 (Butler absent) to approve DR-51-08 for a design review application to
construct a wastewater treatment facility for the Eagle Sewer District, with the following staff
recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of A-5-05 & RZ-8-05 and CU-4-05 MOD.
2. Comply with all applicable conditions ofDR-41-07.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
7. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls.
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8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
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.
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
Occupancy, whichever occurs first.
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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 00,600 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.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
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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 July 31, 2008.
2. Requests for agencies' reviews were transmitted on August 7, 2008, 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-SI-08) 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,
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for the PS-DA (Public/Semi-public with development agreement) zoning district.
DATED this 25th day of September 2008.
ATTEST:
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Sharon k. Bergmann, Eagle City Cler
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