Findings - DR - 2009 - DR-09-09 - Construct A Pump House No 8 For Eagle Water CompanyP
-tit o, ti
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW TO CONSTRUCT PUMP HOUSE
NO. 8 FOR EAGLE WATER COMPANY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -09-09
The above -entitled design review application came before the Eagle Design Review Board for their action
on May 14, 2009. Due to a lack of quorum, the item was continued to May 28, 2009. The item was
continued to June 11, 2009, to allow the applicant to be in attendance. 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 Jerry Teal with Teal Architects P.A., is requesting design
review approval to construct a 580 -square foot pump house. The 0.23 -acre site is located on the
east side of South Ancona Avenue approximately 930 -feet south of State Highway 44.
,4011k, B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 23, 2009.
Alifts
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 7, 2009, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Mixed Use
No Change
Mixed Use
Mixed Use
Mixed Use
Mixed Use
MU (mixed use)
No Change
MU (mixed use)
MU (mixed use)
MU (mixed use)
MU (mixed use)
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Vacant field
Well house
Vacant field
Vacant field
Vacant field
Vacant field (proposed
Eagle Gateway South
development)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.229 -acres (10,000 -square feet) 0.11 -acres (5,000 -square feet)
(minimum)
Percentage of Site Devoted to 6% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 24% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces None N/A
Front Setback 46 -feet (west) 20 -feet (minimum)
Rear Setback 27 'A -feet (east) 20 -feet (minimum)
Side Setback 41 -feet (north) 7.5 -feet (minimum)
Side Setback 27 -feet (south) 7.5 -feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a well house.
Height and Number of Stories of Proposed Buildings: 13 'A -feet high; one story.
Gross Floor Area of Proposed Buildings: 580 -square feet.
On and Off -Site Circulation:
Two gravel driveways are proposed to access this site. The people that access this site will be able
park in these gravel areas while conducting their site inspection or maintenance of the site.
K. BUILDING DESIGN FEATURES:
Roof: Enameled Steel (Brown/Bronze)
Walls: Hardboard siding (Green)
Windows/Doors: Vinyl windows (White), metal doors (Brown)
Fascia/Trim: Hardboard fascia, soffit and trim (White)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
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Street Trees: No street trees are proposed at this time because the site is adjacent to a gravel
roadway.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with a vinyl fence and landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
No preliminary approval letters have been received by the City. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
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reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District — No Comment
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS: N/A
STAFF ANALYSIS PROVIDED W i i nud THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as mixed use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8 -2A -8(B)(4)
If only a portion of a property is being developed, and if the city does not require
improvements on the entire property, improvements to landscape shall continue a minimum of
twenty five feet (25') (on site) beyond the proposed development.
• Eagle City Code Section 8 -2A -8(E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and
burlapped.
• Eagle City Code Section 8 -2A -8(L)(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.
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.
C. DISCUSSION:
• The applicant is proposing to construct a 580 -square foot pump house at the end of Ancona Road,
approximately 930 -feet south of State Highway 44. The architectural style of the pump house is
Craftsman style. Horizontal hardboard siding is to be used on the body of the building. The
columns will have stone at the base that will be tapered with 6 x 6 wood posts on top of the stone
base. Hardboard shingle siding is proposed to be used in the gable ends with decorative gable
vents and knee braces.
• The landscape plan date stamped by the City on March 23, 2009, shows the landscaping on this
site to extend approximately 12 -feet beyond the edge of the building. Per Eagle City Code, if only
a portion of the property is being developed, the improvements to landscape shall continue a
minimum of twenty five feet (25') (on site) beyond the proposed development. The applicant has
requested approval of an Alternate Method of Compliance for the required landscape and buffer
requirements of this site. It is the applicant's opinion that because the area around this site is
undeveloped and because this site and the area around it may need to be brought into compliance
with flood plain requirements that they should not landscape beyond the mounded area of the site
around the building. Staff defers comment with regard to the additional landscaping around the
site to the Design Review Board.
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• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on June 11, 2009, 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 (Whittaker absent) to approve DR -09-09 for a design review application to
construct pump house number 8 for Eagle Water 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. Provide a revised landscape plan showing the deciduous trees to be a minimum of 3 -inch caliper. The
,^, revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate.
2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
3. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
4. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
5. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
6. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
7. All roof top vents shall be painted to match the color of the roof.
8. No signs are proposed with this application and none are approved.
9. The landscape plan date stamped by the City on March 23. 2009. showing an alternate method of
compliance for the required landscaping is approved.
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.
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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.
9. 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.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
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elect to take those plans to the Design Review Board and the City Council for review and approval.
21. 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.
22. 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.
23. 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.
24. 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).
25. 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.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 23, 2009.
2. Requests for agencies' reviews were transmitted on April 7, 2009, 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 -09-09) 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.
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DATED this 25th day of June 2009.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Counter- Idaho
AA,/
Eric R. McCullough, Chairman
ATTEST:
Sha or n K. Bergmann, Eagle City Clerk
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