Findings - DR - 2011 - DR-19-11 - Construct A Shop/Warehouse Building For Ewc BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A SHOP/WAREHOUSE BUILDING FOR )
EAGLE WATER COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-19-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on May 12, 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:
Eagle Water Company, represented by Kevin McCarthy, PE, with KM Engineering, LLP, is
requesting design review approval to construct a 2,880-square foot shop/warehouse building. The
2.41-acre site is located on the west side of North Horseshoe Bend Road approximately 1,425-feet
north of Hill Road at 10255 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 19, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 26, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 13, 1999,the Eagle City Council approved a design review application(DR-12-99)for a
shop/warehouse building and covered parking facility/storage building for this site.
On October 24, 2000,the Eagle City Council approved a lot split(LS-1 1-00)for the creation of
two lots for this site (design review modification application DR-12-99 MOD#2 encompasses both
lots).
On January 15, 2002, the City of Eagle approved(with conditions)a staff level design review
modification application(DR-12-99 MOD)for revised phasing plan for the construction of a
3,840-square foot shop/warehouse building and a 6,144-square foot(revised to be 4,096 square
feet)covered parking facility/storage building.
On January 28, 2002,the Eagle City Council approved the applicant's appeal of the staff level
approval of design review application DR-12-99 MOD.
On October 17, 2002,the City of Eagle received a second design review modification application
(DR-12-99 MOD 2)to expand the size of the contractors yard from 1.25-acres to 3.25-acres.
On November 6, 2002,the Zoning Administrator submitted the draft staff level approval for DR-
12-99 MOD 2 to the City Council for final action during the Order to Show Cause proceeding at
the November 12, 2002, City Council meeting. The item was continued to the November 26,
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2002,meeting, and then continued to the December 10, 2002, meeting at which time the Council
approved the application.
On March 17th 2004, a Stipulation Agreement and Order was executed between The City of Eagle
and Robert DeShazo, Jr. to resolve a law suit filed by the City against Mr. Deshazo. The City, at
the time, was seeking a judgment against Mr. Dehsazo to require him to bring his properties
located at 846 N. Eagle Road and 10255 N. Horseshoe Bend Road into compliance with City code
and with the site specific conditions of approval for DR-12-99 MOD 2.
On January 18, 2011,the City of Eagle approved a lot line adjustment for this site(LLA-02-10).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business Shop/Contractors Yard
District)
Proposed No change No change No change
North of site Commercial C-3 (Highway Business RV Mobile Home Court
District)
South of site Commercial R-1 (Residential) Residential Dwelling
East of site Residential R-2 (Residential) Residential Dwellings
West of site Business Park BP(Business Park) Inactive Gravel Pit
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is a shop and well house located near the northwest
corner of the site. There are three storage buildings located on the site. There is a landscape berm
with a solid fence located along the east property line adjacent to Horseshoe Bend Road. There is a
shared access driveway located adjacent to the south property line of this site. Landscaping with a
solid fence is located along the southern property line of this site, just north of the access
driveway.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 2.41-acres (104,877-square feet) 0.02-acres (1,300-square feet)
Percentage of Site Devoted to 8% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 6% (approximately) 6% (per approval of DR-12-99
Landscaping MOD 2)
Number of Parking Spaces Roto-mill mixture asphalt 8-parking spaces(minimum)
approved for parking with DR-12-
99 MOD
Front Setback 70-feet(east) 0-feet(minimum)
Rear Setback 390-feet(west) 0-feet(minimum)
Side Setback 21-feet(north) 0-feet(minimum)
Side Setback 38-feet(south) 0-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a shop/warehouse building.
Height and Number of Stories of Proposed Buildings: 24 Y2' in height, one story.
Gross Floor Area of Proposed Buildings: 2,880-square feet.
On and Off-Site Circulation:
A 28-foot wide driveway is located near the southwest corner of this site approximately 360-feet
west of Horseshoe Bend Road. A compacted roto-mill mixture asphalt parking lot has been
installed near the southwest portion of the site.
K. BUILDING DESIGN FEATURES:
Roof: Metal roof with concealed fasteners (green)
Walls: Cottage lap siding(white)
Windows/Doors:None
Fascia/Trim: Wood(green)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees that the applicant is
proposing to protect and retain.
Tree Replacement Calculations: N/A
Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board
Street Trees: Installed per the landscape plan approved with DR-12-99 MOD
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: No landscaping is proposed on the interior of the site
M. TRASH ENCLOSURES:None proposed.
N. MECHANICAL UNITS: None proposed.
O. OUTDOOR LIGHTING: No proposed.
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,
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 -yes
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. The agencies
responded to a transmittal with an address of 10405 N. Horseshoe Bend Road, thus, the responses
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include this address. However, the address as recognized by the Ada County Assessor's office is
still 10255 N. Horseshoe Bend Road.
Central District Health—No objection to this proposal.
Chevron Pipe Line—No conflicts with the Chevron pipe line.
Eagle Fire Department—No opposition to the application and supports its approval. Prior to any
building permits being issues, a complete set of building plans shall be submitted to the Eagle
Fire Department for review and approval.
Eagle Sewer District—The site is annexed within the District and would be serviced by their main
line located just west of this property. Any facilities from this project that need to be connected to
central sewer would require plans to be submitted to the District for impacts and assessment of
fees.
Idaho Transportation Department—No comment.
United Water Company—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-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi-family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from time
to time by the city council.
The following are specifically excluded from the requirements of the design review overlay
district: development of an individual single-family detached dwelling on a single parcel, an
individual duplex(2 dwelling units), and an individual town home consisting of a maximum of
two (2)dwelling units.
• 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-1
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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 8-4-3(A)
Paving: The required number of parking and loading spaces as set forth in this chapter, together
with driveways, aisles and other circulation areas, shall be improved with material such as
asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces shall not
be permitted.
• Eagle City Code Section 8-4-5
Shop, contractors (and/or yard) 1 per 400 square feet gross floor area of shop; plus 1 per
1,000 square feet of gross storage area(indoor and
outdoor)
C. DISCUSSION:
• As indicated under the history section on page 2 herein, this site was ultimately approved to be
used as a contractors yard for Eagle Water Company(DR-12-99 MOD and MOD 2). At the time
of these.approvals the Eagle Architecture and Site Design(EASD)Book did not exist; it was
adopted on March 16, 2004. The shop building located on the site was not evaluated for
compliance with any of the architectural styles in the EASD Book. However,the EASD Book is in
effect today and the subject application is required to be evaluated for compliance with ECC
Section 8-2A-5(E). To achieve this, the applicant may provide justification as to how the
architecture of both the existing building and the proposed building comply with the EASD Book
or ask the City Council for approval of a waiver from the requirement.
• The property owner of the RV p ark located to the north of this site has verbally indicated support
for the construction of the second shop/warehouse building to help screen many of the items
currently located on the site. The owner, however, is concerned with the large mound of dirt piled
near the northeast corner of the site. He requested that the removal of the dirt be a condition of
approval for the building. Below is a picture of the dirt pile as viewed from the north:
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any;. �>...:
• Staff defers 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 to consider the application was held before the Design Review Board on May 12, 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 4 to 0 (McCullough and Pascua absent)to approve DR-19-11 for a design review
application to construct a shop/warehouse building for Eagle Water Company, 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. The applicant shall remove the dirt pile located near the northeast corner of the site prior to
construction of the building -- ' .. - . ..• . . ...• . The finished grade shall be at an
elevation consistent with the bottom of the fence located along the northern property line of the site.
2. The applicant shall submit payment to the City for the waiver application fee and all Engineering fees
incurred for reviewing this project prior to the issuance of a zoning certificate.
3. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
4. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
5. No ground mounted mechanical units are proposed with this application and none are approved.
6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
7. No signs are proposed with this application and none are approved.
8. The photographs, date stamped by the City on May 12, 2011, showing the architectural detail of the
adjacent building are approved. The applicant shall construct the new shop/warehouse building using
similar architectural details.
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.
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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.
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
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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:
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
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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
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 April 19, 2011.
2. Requests for agencies' reviews were transmitted on April 26, 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-19-11) 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 C-3 (highway business district)zoning district.
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DATED this 26th day of May 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ric R. McC !lough, Chairma
E A f j rrrr
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ATTEST: • • ••
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Sharon'K. •Bergmann, Eagle City �erk •. ; 5s\- �'�
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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