Findings - DR - 2014 - DR-57-14 - Placement Of 10' Fiberglass Rooster In The Drainage Pond At Merrill Park BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR THE PLACEMENT OF A )
10-FOOT TALL FIBERGLASS ROOSTER IN THE )
DRAINAGE POND AT REID W. MERRILL SR. )
COMMUNITY PARK FOR THE CITY OF EAGLE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-57-14
The above-entitled design review application came before the Eagle Design Review Board for their action
on December 11, 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:
The City of Eagle, represented by Mike Aho, is requesting design review approval to install a ten
foot(10') tall fiberglass rooster within the drainage pond located between the parking lot and East
Shore Drive at Reid W. Merrill Sr. Community Park. The site is located on the southeast corner of
East Shore Drive and East Riverside Drive at 637 East Shore Drive within Eagle River
Development.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 30, 2014, and supplemental
information was submitted October 6, 2014.
C. EXISTING SITE CHARACTERISTICS:
Existing Merrill Park—public community park.
D. BUILDING DESIGN FEATURES:No changes are proposed.
E. LANDSCAPING DESIGN:No changes are proposed.
F. OUTDOOR LIGHTING: No lighting is proposed.
G. SIGNAGE: No signs are proposed and none are approved.
H. 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:
Parks and Pathways Development Commission
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Chapter 12—Community Design
12.4 Implementation Strategies
N. Encourage the preservation of natural resources such as creeks, drainages, steep slopes,
and ridgelines as visual amenities.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: RULES AND DEFINITIONS:
STRUCTURE: Anything constructed or erected,the use of which requires location on the
ground or attachment to something having a fixed location on the ground. Among other things,
structures include buildings,mobile homes, walls, fences and billboards.
• Eagle City Code Section 8-2A-2: PURPOSE AND GOALS:
A. Purpose: The purpose of this article is to:
1. Recognize the interdependence of land values and aesthetics and to provide a method
by which the city may implement this interdependence to the benefit of the community.
2. Encourage the development of private property in harmony with the desired character of
the city and in conformance with the guidelines herein provided with due regard to the
public and private interests involved.
3. Provide planning and design guidelines to give specific direction for downtown
development,while allowing for flexibility that promotes creative, market driven
development proposals.
B. Goals: The general theme of the design review overlay district is to specify desirable
building and landscape architectural styles and materials to create a sustainable and pleasing
environment for residents and visitors alike. The architectural designs, materials, and graphics
set forth in this article are compiled to create a theme unique to the area called "Eagle
architecture".
• Eagle City Code Section 8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND
CONSIDERATIONS:
A. General Objectives And Considerations: The following apply to the entire design review
overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the
DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and,to
the extent there is a conflict with this section,the requirements for the DDA, TDA, CEDA,
and DSDA shall control. The following, including the provisions set forth in the Eagle
architecture and site design book, contains a listing of objectives applied to each application,
and a listing of matters which shall be considered by the design review board. The objectives
are separated into two(2) sections: site design and building design. Specific aspects of design
should be examined to determine whether the proposed development will provide a desirable
environment for its occupants as well as for its neighbors, and whether, aesthetically,the
composition, materials, textures and colors meet the intent of this article. The design review
board shall consider the following criteria in reviewing the application:
1. Site Design Objectives: The site plan design shall minimize impact of traffic on
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adjacent streets,provide for the pedestrian, and provide appropriate, safe parking lot
design.
a. The functional relationship of the structures and the site in relation to its
surroundings;
b. The impact and effect of the site development plan on traffic conditions on
contiguous streets and adjoining properties or neighborhoods;
c. The site layout with respect to separation or integration of vehicular, pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
e. The location, arrangement and dimensions of truck loading ramps, docks, and bays
and vehicle service facilities;
f. The access, parking lot, and interior roadway illumination plans and hours of
operation;
g. The required driver, pedestrian and bicycle sight distance requirements of the
project and their relationship to adjacent streets, driveways and properties;
h. The coordination of the site development with planned right of way alignments,
acquisitions and street improvements;
i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion
and conflicts;
j. The continued maintenance of traffic, parking and lighting systems;
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods
and commercial areas.
C. DISCUSSION:
• The applicant is requesting design review approval to install a ten foot(10')tall fiberglass rooster
within the drainage pond at Reid W. Merrill Sr. Community Park(Merrill Park).
On December 17, 2013,with support from the Eagle Historic Preservation Commission,the Eagle
Parks and Pathways Development Commission recommended approval of the placement of the
rooster in the drainage pond at Merrill Park.
The drainage pond is located between the parking area of the park and East Shore Drive. The
pond location was chosen for the final placement of the rooster by the Parks and Pathways
Development Commission to mitigate potential damage from over-use. The rooster is an aesthetic
symbol and, while it may look like a toy for kids to play on,the rooster's fiberglass exterior is not
durable enough to withstand the rigors of a playground. The placement of the rooster in the
drainage pond will help to preserve the rooster's exterior which was recently refurbished by the
Merrill family.
The photo simulation that shows the rooster placed in the drainage pond(attached hereto)provides
a good representation of what the area will look like upon completion. Staff's primary thought on
this proposal is whether or not the general public will have an understanding of the context of why
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the rooster was placed in the park. Certainly those internal to the City, or those that have lived in
Eagle for years, know that the rooster resided in front of the Merrill Egg Farm and was a
prominent, historic land mark in Eagle for years. For additional context,the concept for Merrill
Park was first conceived when ITD was in the process of acquiring right-of-way for the Eagle
Bypass. The Bypass bisected the Merrill Egg Farm and left a 14-acre piece of land on the south
side of the highway. In their desire to create a legacy and public benefit,the Merrill family donated
the 14-acre piece of property to the City of Eagle for the creation of a future public park. That
vision came to fruition when the City completed the park in 2003. The buildings located within the
park were designed with a theme in mind—that theme was used to create a connection to the"old
Merrill Egg Farm"by incorporating design elements that were reminiscent of the agricultural
buildings that housed the chickens used for egg production. Understanding some of the
background about the park's history may help in determining the best placement of the rooster. If
the Design Review Board approves the installation of the rooster in the drainage pond at Merrill
Park then staff recommends the City install informational/way finding signage near the rooster to
help the public better understand the historic significance of the rooster. The design of the signs
should be reviewed and approved by the Design Review Board prior to installation. Staff also
believes that the public could benefit from the installation of additional way finding signage near
the park structures that explains the purpose of their design and the history of the park's
beginnings.
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 December 11,
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 4 to 0 (Grubb,Martin, and Hash absent)to deny DR-57-14 for a design review
application to place a 10-foot tall fiberglass rooster in the drainage pond at Reid W. Merrill Sr.
Community Park for the City of Eagle.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 30, 2014, and supplemental
information was submitted October 6, 2014.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-57-14) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided herein, concludes that the proposed design
review application is not in accordance with the Eagle City Code. Eagle City Code Title 8 Section 2,
Article A, Chapter 2, Purpose and Goals states that the purpose of this article is to encourage desirable
building and landscape architectural styles and materials to create a sustainable and pleasing
environment for residents and visitors alike.
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While the Board recognizes the historic significance of the rooster and agrees the placement of it in
Reid W. Merrill Sr. Community Park would be an appropriate location, they do not agree with placing
it within the drainage pond adjacent to East Shore Drive. It is the Board's opinion that the drainage
pond does not provide an appropriate location for the rooster because there is no vegetation of the
same or similar height to help bring the rooster into scale with its surroundings. The Board
recommends that the rooster be located within the park in an area that has structures, trees, and/or
other vegetation in close proximity to help bring the rooster into scale with its surroundings. Wherever
and however the rooster is located within the park, the Board would like the opportunity to review the
proposed location and all proposed mounting specifications. The Board agrees that a sign or placard
should be placed near the rooster (or upon its base) to provide the park users with a comprehensive
background into the creation of the park and the relevance of the placement of the rooster in Reid W.
Merrill Sr. Community Park.
DATED this 8th day of January 2015.
0,NNMw...
DESIGN REVIEW BOARD 0-f EA 044,
OF THE CITY O EAGLE 4
Ada Co ty.>Id o `, 0 ieoR47.0 •
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Rob-rt Grubb, Chairman J, !'
ATTEST:
47''`1/44._,....,11) -./ • 4(47\ fQ16tki-L1 eill'-ksd
Sharon K. Bergman OfrEagl*e City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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