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Findings - DR - 2012 - DR-38-11 - Idaho Concrete Company Retail And Wholesale Sales Of Landscaping Products BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A RETAIL AND ) WHOLESALE SALES OF LANDSCAPING ) PRODUCTS FOR IDAHO CONCRETE COMPANY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-38-11 The above-entitled design review application came before the Eagle Design Review Board for their consideration on January 12, 2012. 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: Idaho Concrete Company, represented by Jim Mihan with Beck and Baird Engineering, is requesting design review approval of the landscape buffer along East State Street for a decorative rock sales yard. The 93-acre site is located on the south side of East State Street approximately 280-feet west of State Highway 55 at 2755 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on December 2, 2011. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on December 8, 2011, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 13, 2009, the Eagle City Council approved a conditional use permit for the retail and wholesale of landscaping products(CU-04-08). E. COMPANION APPLICATIONS: FPDP-04-11 (floodplain development permit). Page 1 of 11 K.\Planning Dept\Eagle Applications\Dr\2011 CDR-38-11 Temp Rock Sales at ID Concrete drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU(Mixed Use) Commercial/Industrial: Cement, rock and gravel business Proposed No Change No Change Ancillary use: sales of landscaping products on a portion of the property North of site Residential Four R-4 (Residential—up to four East State Street(SH 44), dwelling units per acre) Single-family residential (Great Sky Estates) South of site Eagle Island Special Use RP (Ada County designation) Boise River Area East of site Mixed Use MU(Mixed Use) and R-4 Vacant lot, St. Lukes (Residential—up to four Regional Medical Center, dwelling units per acre) Single-family residential (Lakeland Estates Subdivision) West of site Mixed Use MU(Mixed Use) Vacant lot with some evident gravel extraction activity G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: Idaho Concrete Company cement and gravel business currently occupies the property. The Boise River extends along the south boundary of the property as well as riparian vegetation and mature trees. A pond associated with the existing use is located on the south-eastern portion of the property. Page 2 of 11 K:\Planning Dept\Eagle Applications\Dr\2011\DR-38-11 Temp Rock Sales at ID Concrete drf doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 93-acres total(only 2-acres 5,000-square feet(minimum) impacted by this design review application) Percentage of Site Devoted to 0.1% (approximately) 50%maximum Building Coverage Percentage of Site Devoted to 15% (approximately) 10%minimum Landscaping Number of Parking Spaces 50-parking spaces 1 per 500 square feet of outside display/lathe house/green house area, plus 1 per 250 square feet gross floor area.* Front Setback N/A 20-feet(minimum) Rear Setback N/A 20-feet(minimum) Side Setback N/A 7.5-feet(minimum) Side Setback N/A 7.5-feet(minimum) *Note:Please see discussion regarding parking under staff analysis in the discussion section. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings:No new buildings are proposed with this application. Height and Number of Stories of Proposed Buildings:N/A Gross Floor Area of Proposed Buildings:N/A On and Off-Site Circulation: A forty five foot(45') wide drive aisle is located on the south side of the State Highway 44/State Highway 55 intersection where traffic is then circulated to an existing paved parking area. This area is located east of the rock sales yard area. K. BUILDING DESIGN FEATURES:N/A L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are several existing trees located along State Highway 55 near the northeast corner of this area. The applicant is proposing to retain these trees and incorporate them into the landscape buffer. Tree Replacement Calculations:N/A Proposed Tree Mix(Species &Number): To be reviewed by the Design Review Board Page 3 of 11 K:\Planning Depl\Eagle Applications\Dr\20l l\DR-38-1 1 Temp Rock Sales at ID Concrete drf doc Street Trees:N/A Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Parking Lot Landscaping: Existing parking lot located east of the rock sales yard area. M. TRASH ENCLOSURES:N/A N. MECHANICAL UNITS: N/A O. OUTDOOR LIGHTING: N/A 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 and Eagle Fire Department 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 -Yes 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 Page 4 of 11 K,\Planning Dept\Eagle Applications\Dr\201 I\DR-38-11 Temp Rock Sales at ID Concrete drf doc V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District—No conditions of approval. Boise River Flood Control District#10— The applicant shall make an appropriate request for a fast track review and approval. Central District Health—No objection. Chevron Pipe Line Company—No conflicts. Eagle Fire Department—No opposition. Idaho Department of Lands—The proposed rock sales yard does not impact State Trust Lands at this time. Should the proposed application be modified during the review or approval process, IDL request that updated application information be submitted to the Southwest Area Office for additional review. Idaho Transportation Department—No comments on this application as long as both conditions remain unchanged. Independent School District of Boise City#1 —No comments. United Water Idaho—No comments. 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: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2 Nursery,Plant Materials: Land, building or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping. • Eagle City Code Section 8-2-3: Nursery/Plant Materials requires a conditional use permit within the MU zoning district. • Eagle City Code Section 8-2A-7(E)(4): The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and burlapped. • Eagle City Code Section 8-2A-7(L)(1)Landscaped Commercial Strips: 1. Landscaped strips shall be provided between all building development and public rights of way to lend continuity among different architectural styles, screen unsightly views, establish a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians. Page 5 of 11 K.\Planning Dept\Eagle Applications\Dr\2011\DR-38-11 Temp Rock Sales at ID Concrete drf.doc a. The landscaped strip shall be ten feet(10')wide minimum and planted with one shade tree and ten (10)shrubs for every thirty five feet(35')of street frontage. Two(2) ornamental or two (2) evergreen trees may be substituted for one shade tree. • Eagle City Code Section 8-4-5: Nursery, plant materials 1 per 500 square feet of outside display/lathe house/green house area, plus 1 per 250 square feet gross floor area C. DISCUSSION: • The applicant is requesting design review approval of the landscape buffer along East State Street adjacent to the rock sales yard area. The location of the sales area is a two (2) acre section near the northwest corner of the existing 93-acre Idaho Concrete property adjacent to State Highway 44 and approximately 2,150-feet north of the Boise River. On January 13, 2009, the Eagle City Council approved a conditional use permit for the retail and wholesale sales area for landscaping products. The conditional use permit for the rock sales area shall expire January 13, 2019. Per the approval of the conditional use permit, the applicant was required to submit a design review application for the sidewalk, landscaping, and streetscape improvements. The landscape plan date stamped by the City on December 2, 2011, exceeds the planting requirements of Eagle City Code with regard to landscaping commercial strips. • The following staff analysis was used in the conditional use permit for the purpose of calculating parking: Staff is categorizing the existing gravel extraction use of the site as "industry (custom)", which per Eagle City Code requires 1-parking space per 1,000-square feet gross area used industrial purposes; plus 1 per 300-square feet office or sales area. The 90-acres being used for a gravel extraction business contains fifty (50) existing paved parking spaces, which are currently being shared with the retail/wholesale use associated with this application. The entire 93-acre site contains 25,159-square feet (approximately) of building space, which are mainly office, industrial and storage uses, which would require 34-parking spaces (approximately). It is currently unknown how much square feet overall is being use for outside industrial purposes; however, with only 25,159-square feet of building coverage that number would likely be significant and the resulting parking requirement significant as well. For a "nursery, plant materials" use Eagle City Code requires the following: 1-parking space per 500-square feet of outside display/lathe house/green house area, plus 1 per 250-square feet gross floor area. The applicant has shown that there are 68,784-square feet of outside product display area which would require 138-parking spaces be provided. The applicant explained that because this use is strictly for the sales of decorative rock, mulch and bark and not plant materials, customers are not typically browsing product and rarely use the provided parking; instead they are more likely to pull their vehicles up to the product that they desire and prepare for loading. Further, the applicant indicated that the customers and employees for the entire site/use rarely use the existing parking spaces and instead park within the circulation routes located throughout the site. The applicant maintains that on average there are no more than ten (10)vehicles occupying the existing parking area provided for the entire site at any given time. The applicant indicates that several open areas on the two (2)-acre site associated with this application will be open to parking if the need arises. With the above information taken into account and because the use associated with this application is to be temporary (10 years maximum) the Eagle City Council approved the fifty (50) parking spaces to be sufficient. • Staff defers comment regarding the landscaping to the Design Review Board. Page 6 of 1 l K\Planning Dept\Eagle Applications\Dr\201 I\DR-]8-11 Temp Rock Sales at ID Concrete drfdoc 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 January 12, 2012, 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 (Pascua absent)to approve DR-38-11 for a design review application for a retail and wholesale sales of landscaping products for Idaho Concrete Company, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of the conditional use permit(CU-04-08). 2. Comply with any applicable conditions of the floodplain development permit(FPDP-04-11). 3. No buildings or structures are proposed with this application and none are approved. Any future buildings or structures proposed for the above use will require a design review application. 4. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 5. Provide a revised landscape plan showing planter bed area with perma bark where the manicured lawn is shown. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 6. Provide a revised landscape plan showing a cross-section of the sidewalk, planter, and retaining wall in relation to the centerline of East State Street. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 7. The 50-parking spaces provided on the entire site are approved. No additional parking is required to be constructed with this use. 8. Provide a revised landscape plan showing the 8-foot meandering pathway, proposed adjacent to East State Street, being extended to the southeast corner of the State Highway 55/East State Street intersection. The extension of the pathway is to provide pedestrian connection to the north side of East State Street. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 9. The improvements shown on the landscape plan date stamped by the City on December 2, 2011, shall be completed within six(6)months of the City Council approval. If the improvements are not completed within this time,the temporary permit for the retail and wholesale of landscaping products shall become invalid. Page 7 of 11 K:\Planning Dept\Eagle Applications\Dr\2011\DR-)8-1 I Temp Rock Sales al ID Concrete drfdoc NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 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. Page 8 of 11 K\Planning Dept\Eagle Applications\Dr\2011\DR-78-1 I Temp Rock Sales at ID Concrete drf doc 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: 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 Page 9 of 11 K.\Planning Dept\Eagle Applications\Dr\2011\DR-38-11 Temp Rock Sales at ID Concrete drf.doc 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 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 December 2, 2011. 2. Requests for agencies' reviews were transmitted on December 8, 2011, in accordance with the requirements of the Eagle City Code. Page 10 of 11 K:\Planning Dept\Eagle Applications\Dr\201 I\DR-38-11 Temp Rock Sales at ID Concrete drf doc 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-38-1l) 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(mixed use) zoning district. DATED this 26th day of January 2012. DESIGN REVIEW BOARD .`Of EAG/'`'',% OF THE CITY OF E LE *C1':.:::::41.�� ORgT Ada Coun , I ah E' EAL O e G rd-De,/1-6-vz-k . (A z- -c-h rman / %%•• ATTEST: r — v� C <,/.4.4,1-1\1)Sharon K. Bergmann, Eagle City Clerk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 11 of 11 K\Planning Dept\Eagle Applications\Dr\2011\DR-38-1 I Temp Rock Sales at ID Concrete drf doc