Findings - DR - 2014 - DR-08-14 - Construct The Common Area Landscaping In Ashbury Business Park Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
THE COMMON AREA LANDSCAPING WITHIN )
ASHBURY BUSINESS PARK SUBDIVISION )
FOR SCS BRIGHTON LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-08-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 13, 2014. 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:
SCS Brighton LLC, represented by Michael Wardle, is requesting design review approval to
construct the common area landscaping with Ashbury Business Park. The 1.74-acre site is located
on the northwest corner of West Bavaria Street and North Meridian Road at 3210 West Bavaria
Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 22, 2014.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 27, 2014, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16, 2007, the City Council approved a comprehensive plan amendment from
Transitional Residential (Ada County designation) to Professional Office for a portion of this
original site(CPA-09-06).
On March 27, 2007,the City Council approved an annexation and rezone from RUT(Rural-Urban
Transition — Ada County designation)to MU-DA (Mixed Use with Development Agreement) and
preliminary plat for Castlebury West Business Park for Capital Development, Inc. The 8.52-acre
site is located on the northwest corner of West Chinden Boulevard(SH 20/26)and North Meridian
Road at 6615 North Meridian Road(A-19-06/RZ-25-06 and PP-19-06).
On August 28, 2007, the City Council approved the final plat for Castlebury West Business Park
No. 1 for Capital Development, Inc. (FP-08-07).
On March 11, 2008, the City Council approved the final plat for Castlebury Business Park No. 2
for Capital Development, Inc. (FP-01-08).
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text
amendment changing the land use designation on the Comprehensive Plan Land Use Map from
Mixed Use and Professional Office to Commercial for the property located on the northeast corner
of Linder Road and Chinden Boulevard (US 20/26). This action also approved an annexation
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(once the property is contiguous to Eagle City limits) and a rezone with development agreement
from RUT (Rural Urban Transition) to C-3-DA (Highway Business District with a Development
Agreement)(CPA-5-08 &A-03-08 & RZ-8-08).
On November 25, 2009, the Eagle City Council approved a de-annexation of this property
(Ordinance 614).
On March 9, 2010, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition—Ada County designation) to MU-DA (Mixed Use with Development Agreement) for
Capital Development, Inc. (A-04-09/RZ-04-09).
On July 9, 2013, the Eagle City Council approved a development agreement modification and
preliminary plat for Ashbury Subdivision (RZ-04-09 and PP-02-13).
On September 12, 2013, the Eagle Design Review Board approved a design review application for
the common area landscaping within Ashbury Subdivision(DR-39-13).
E. COMPANION APPLICATIONS:N/A
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential MU-DA(Mixed Use with Agriculture
Development Agreement)
Proposed No Change No Change Commercial use
North of site Residential Estates RUT(Rural-Urban Church of Latter Day
Transition-Ada County Saints
Designation)
South of site Transitional Residential, MU-DA (Mixed Use with a Castlebury Business Park
Professional Office and development agreement)
City of Meridian Area of
Impact
East of site Residential Estates and R-1 (Residential up to one Castlebury West
Residential One unit per acre) Subdivision
West of site Mixed Use and MU-DA(Mixed Use with a Proposed Ashbury
Transitional Residential development agreement) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
West Bavaria Street, located adjacent to the south property line of this site, was constructed with
curb, gutter, 5-foot wide separated sidewalk, and an 8-foot wide planter strip with street trees and
grass.
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I. SITE DATA:
Total Acreage of Site— 1.74-acres
Total Number of Lots—4
Residential—0
Commercial—4
Industrial—0
Common—0
J. GENERAL SITE DESIGN FEATURES:
Open Space:
Will provide a total of 10% of common area, 10%minimum is required.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage plans.
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also,the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Meridian Fire District.
On-site Septic System(yes or no)-No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to be
preserved. If during excavation or development of the site, any historical artifacts are discovered,
state law requires immediate notification to the state.
K. BUILDING DESIGN FEATURES:N/A
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located within the
landscape strip between the sidewalk and West Bavaria Street. The applicant is proposing to
remove four (4) of the street trees in order to accommodate the two (2) driveways that will be
constructed to access this development. The four (4) trees removed are to be transplanted in the
center landscape island within the parking lot.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing tree trees along Meridian Road adjacent to this
development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the site with the
exception of the north property line. There is an existing 6-foot high vinyl fence
around the Church of Latter Day Saints located to the north of this site.
b. Interior Landscaping: 8% interior landscaping is required, 13% is proposed.
M. TRASH ENCLOSURES:
The landscape plan and application indicate a trash enclosure is to be constructed in the northwest
corner of the common parking area. The application does not indicate what the enclosure is to be
constructed of, nor do the plans show elevations of the enclosure.
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
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. FENCING:
The applicant is proposing to install a 6-foot high white vinyl fence along the west property line
between this business park and the proposed residential lots within Ashbury Subdivision No. 2.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Sewer District 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.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. 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
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Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not
required
W. 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
Eagle Sewer District
Idaho Transportation Department
Tesoro Logistics
X. 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:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map(adopted February 7,2011), designates this site as the
following:
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 I acre.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas,trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot(5')wide by six foot(6')high
landscaped buffer is required.
• Eagle City Code Section 8-3-2(D)
Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and
multi-family residential uses shall be enclosed on at least three(3) sides by a solid wall or
fence of at least four feet(4') in height, and a solid wood gate on a metal frame shall enclose
the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access
to and from such area or areas for collection of trash and/or garbage as determined by the
administrator shall be provided.
• Eagle City Code Section 8-3-3(D)
Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:Nonresidential
buildings or uses shall not be located nor conducted closer than forty feet(40')to any lot line
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of a residential district; except that the minimum yard requirements may be reduced to fifty
percent(50%)of the requirement if acceptable landscaping or screening approved by the
council is provided. Such screening shall be a masonry or solid fence between four(4)and
eight feet(8') in height, maintained in good condition and free of all advertising or other signs.
Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than
twenty feet(20') in width planted with an evergreen hedge or dense planting of evergreen
shrubs not less than four feet(4') in height at the time of planting.
C. DISCUSSION:
• The applicant is proposing to construct the common area landscaping within Ashbury Business
Park, a 4-lot commercial development on 1.74-acre site. The applicant is constructing the parking
lot associated with the four(4)commercial lots,the landscaping within and around the parking
area,the street trees along Meridian Road, and the landscape buffer adjacent to the west property
line. The street trees along West Bavaria Street were installed by the developer of the business
park to the south of this development. The four(4) individual pad sites will be left undeveloped
until such time a design review application will be required to be submitted for the review of the
building elevations and additional landscaping required on each lot.
• The landscape plan, date stamped by the City on January 22, 2014, shows a trash enclosure to be
located in the northwest corner of the parking lot. Pursuant to Eagle City Code, a five foot(5')
wide by six foot(6')high landscape buffer is required around the perimeter of the enclosure. In
addition, an enclosure is required to be constructed on three(3)sides of the trash receptacle with a
solid gate. The applicant should be required to provide a revised landscape plan showing a five
foot(5')wide by six foot(6')high landscape buffer on three(3) sides of the trash enclosure. The
revised landscape plan should be reviewed and approved by staff prior to the City Clerk signing
the final plat.
The applicant should be required to provide detailed elevation plans showing the materials to be
used in the construction of the trash enclosure located at the northwest corner of the parking lot.
The detailed elevations should be reviewed and approved by staff and one member of the Design
Review Board prior to the City Clerk signing the final plat.
• Staff defers comment regarding the landscaping 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 March 13, 2014, 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 3 to 0 (McCullough, Hull, Martin, and Hash absent)to approve DR-08-14 for a
design review application to construct the common area landscaping within Ashbury Business
Park for SCS Brighton LLC, with the following staff recommended site specific conditions of
approval and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of Ashbury Subdivision (RZ-04-09 MOD and PP-02-13).
2. Provide a revised landscape plan showing a five foot(5')wide by six foot(6')high landscape buffer
on three(3) sides of the trash enclosure. The revised landscape plan shall be reviewed and approved
by staff prior to the City Clerk signing the final plat.
3. Provide detailed elevation plans showing the materials to be used in the construction of the trash
enclosure located at the northwest corner of the parking lot. The detailed elevations shall be reviewed
and approved by staff and one member of the Design Review Board prior to the City Clerk signing the
final plat.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of any entry signage and/or entry features for this development.
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.
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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:
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,
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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
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.
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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 January 22, 2014.
2. Requests for agencies' reviews were transmitted on January 27, 2014, 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-08-14) 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 (mixed use with development agreement)zoning district.
DATED this 27t''day of March 2014.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho '
Rob airman •o 4c-%O••E••G', '•,:
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♦ • �- ��..�i. •'•.,qrE OF 1S)P',
Sharon K. Bergmann, Eagle City I lerk ••••.•••••••••••
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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