Findings - DR - 2011 - DR-07-11 - Construct An Office Building In Winding Creek Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT AN )
OFFICE BUILDING WITHIN WINDING CREEK )
SUBDIVISION FOR SPRING CREEK OFFICE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-07-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on April 14, 2011. 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:
Spring Creek Office, LLC, represented by Mike Fairchild, Architect, is requesting design review
approval to construct a 2,442-square foot office building within Winding Creek Subdivision. The
0.22-acre site is located on the north side of East State Street approximately 350-feet west of Hill
Road at 971 East Winding Creek Drive.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 10, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 15, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 16, 2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek Subdivision (DR-08-04).
On November 9, 2005, the Eagle City Council approved a design review application for a multi-
tenant office building(DR-83-05).
On November 9, 2005, the Eagle City Council approved a design review application for a master
sign plan for a multi-tenant office building(DR-84-05).
E. COMPANION APPLICATIONS: DR-08-11 (design review sign 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-P (Mixed Use with Vacant
development agreement PUD)
Proposed No Change No Change Office
North of site Mixed Use MU-DA-P(Mixed Use with Vacant
development agreement PUD)
South of site Mixed Use MU-DA (Mixed Use with Vacant/State Street
development agreement)
East of site Mixed Use MU-DA-P(Mixed Use with Vacant/proposed
development agreement PUD) retail/restaurant/office
building
West of site Mixed Use MU-DA-P(Mixed Use with Vacant/proposed office
development agreement PUD) building
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 9,938-square feet(0.22-acres) 7,000-square feet(0.16-acres)
(minimum)
Percentage of Site Devoted to 25% 50% (maximum)
Building Coverage
Percentage of Site Devoted to 48% 10% (minimum)
Landscaping
Number of Parking Spaces 9-parking spaces 10-parking spaces (minimum)
Front Setback 26-feet(north) 10-feet(minimum per the PUD)
Rear Setback 31-feet(south) 10-feet(minimum per the PUD)
Side Setback 10-feet(east) 7.5-feet(minimum per the PUD)
Side Setback 10-feet(west) 7.5-feet(minimum per the PUD)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an office.
Height and Number of Stories of Proposed Buildings: 21-feet; one story.
Gross Floor Area of Proposed Buildings: 2,442-square feet.
On and Off-Site Circulation:
A 3,000-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide shared driveway is located approximately 80-feet north of this site
providing access to East Winding Creek Drive.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Architectural Shingles (gray/black)
Walls: Hardboard(Malibu Beige), Stucco (Malibu.Beige), Cultured Stone (Tan/Brown)
Windows/Doors: Vinyl Windows(Almond)
Fascia/Trim: Wood trim, soffits, and fascia(Soybean)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: The street trees within this development were installed by the developer.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been proposed on the north, east, or west property
lines of the parking lot because this site will be integrated with the properties to
the north, east, and west providing cross access between parcels.
b. Interior Landscaping: 5% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 100-square foot shared trash enclosure is located just north of the northwest corner of this
site.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with screen walls and landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
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and approved by the Zoning Administrator 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 AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion -no
Fish Habitat-no
Floodplain-no
Mature Trees- no
Riparian Vegetation-no
Steep Slopes -no
Stream/Creek-no
Unique Animal Life -no
Unique Plant Life -no
Unstable Soils-unknown
Wildlife Habitat- no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—No site specific conditions of approval.
Central District Health—Any restroom facilities will be required to meet Idaho State Sewage
Regulations.
Chevron Pipe Line—No conflict with this application.
Eagle Fire Department—No opposition to the application. However,prior to any building permits
being issued, a complete set of building plans shall be submitted to the Eagle Fire Department for
review and approval.
Eagle Sewer District— The District provides central sewer service to the Winding Creek
Subdivision. A complete set of construction plans are required to be submitted to the District for
review and approval and to assess how much the connection fee will be for this project.
Idaho Transportation Department—No comment.
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United Water—No comment.
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. Screened from view shall mean "not visible" at the same
level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation
plan).
• Eagle City Code Section 8-2A-6(B)(5)(c) states in part
All vents protruding through the roof, and similar features shall be painted so as to match the
color of the roof.
• Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two(2)adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot(5')wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five(5)shrubs
per thirty five(35) linear feet of perimeter.
• Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
Offices,business and professional 1 per 250 square feet of gross floor area
C. DISCUSSION:
• The site and landscape plans, date stamped by the City on March 10, 2011, show nine(9)parking
spaces to be constructed on this site. Per Eagle City Code, the proposed building requires ten (10)
parking spaces to be constructed on this site. The applicant is proposing to construct two(2)new
landscape islands within the parking lot and to complete the landscape island that is located on the
west property line. If the applicant increased the landscape island on the west property line by
fifty(50) square feet and didn't construct the two (2) landscape islands in front of the entrance to
the building,the site would meet the five percent(5%) interior parking lot landscaping and would
have ten(10)parking spaces. The applicant should be required to provide a revised site and
landscape plan showing a total of ten(10)parking spaces on this site. The revised site and
landscape plans should be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
• The applicant has not proposed continuous landscaping along the northern perimeter of the
parking lot because this site will be integrated with the surrounding parcels to share common
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access drive aisles. Per Eagle City Code, a minimum five foot(5')wide perimeter landscaped
strip is required between the property lines and the parking lot and should be planted with a
minimum of one shade tree and five(5) shrubs per thirty five(35) linear feet of perimeter. It is
staffs opinion that because this site will be integrated with the surrounding properties, providing
cross access between parcels,the applicant should not be required to provide a perimeter
landscape strip on the north property line.
• On March 16, 2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek Subdivision(DR-08-04). The developer of Winding
Creek Subdivision installed the drainage swales, sod, and shrubs adjacent to East State Street
between the back of curb and the meander sidewalk. However,the street trees between the
sidewalk and the back of curb were not installed. Per the approved landscape plan for Winding
Creek Subdivision, one additional tree is required to be planted on the south side of the
meandering sidewalk adjacent to this site. The applicant should be required to provide a revised
landscape plan showing one additional tree to be located on the south side of the meandering
sidewalk adjacent to East State Street. The revised landscape plan should be reviewed and
approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 14, 2011, 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 (McCullough and Whittaker absent)to approve DR-07-11 for a design
review application to construct an office building for Spring Creek Office LLC, 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 any applicable conditions of FPUD-03-04 and FP-05-04 (final development plan and
final plat application for Winding Creek PUD).
2. Comply with any applicable conditions of DR-08-04(design review application for the common area
landscaping within Winding Creek PUD).
3. Provide a revised site and landscape plan showing a total of ten(10)parking spaces on this site by
removing the landscape island located on the west property line. The applicant shall work with the
adjacent property owner to share the 60-inch access aisle for the required ADA parking space. The
revised site and landscape plans shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
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4. Provide a revised landscape plan showing one additional tree to be located on the south side of the
meandering sidewalk adjacent to East State Street. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior a zoning certificate being issued.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application. A separate design review application (DR-08-11)has been
submitted for the approval of two building wall signs and a monument sign. The sign plan shall be
reviewed and approved prior to the City issuing a zoning certificate for this site.
11. Provide colored samples of all building materials to be used on the exterior of the building(i.e.:
roofing, paint, stone, stucco,trellis, etc.). The colors and materials shall be reviewed and approved by
staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this
site.
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 a Zoning Certificate for this site.
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
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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.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. 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:
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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
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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
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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.
25. 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).
26. 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.
27. 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 March 10, 2011.
2. Requests for agencies' reviews were transmitted on March 15, 2011, 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-07-11) 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 MU-DA-P (mixed use with development agreement PUD)zoning district.
DATED this 28th day of April 2011.
DESIGN REVIEW BOARD
OF THE CITY •F EAGLE
Ada Co