Loading...
Findings - DR - 2001 - DR-42-00 MOD - Modify Building Site / Landscape For Eagle Floral Shop At 52 Palmetto Ave ORIGINAL BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO MODIFY THE BUILDING, SITE AND LANDSCAPING PLANS OF THE EAGLE FLORAL SHOP FOR STEVE CONKLIN ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-42-00 MOD The above-entitled design review application came before the Eagle Design Review Board for their action on September 13,2001. The Eagle 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: Steve Conklin is requesting design review approval to modify the building, site and landscape improvements for the Eagle Floral Shop as originally proposed. The site is located on the east side of Palmetto Avenue approximately 250-feet north of State Street at 52 North Palmetto Avenue. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on July 5, 2001. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on July 20, 2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on July 20, 2001. Requests for agencies' reviews were transmitted on July 16, 2001, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 5, 1999, the Eagle City Council approved the final plat for Fuerte de la Aguila Subdivision (FP-13-99). On September 12,2000, the Eagle City Council approved a design review application for converting a residence into the Eagle Floral Shop (DR-42-00). E. COMPANION APPLICATIONS: None Page 1 of 10 K:IPlanning DeptlEagle Applications\Dr12000\DR-42-00 MOD drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-2 (General Business District) Residential Proposed No Change No Change Floral Shop North of site Residential R-4 (Residential-four units per Residential acre) South of site Commercial C-2 (General Business District) Veterinary Clinic East of site Commercial C-2 (General Business District) Vacant/Proposed Trolley Square Subdivision West of site Central Business CBD (Central Business District) Post Office/Aquila District Subdivision G. H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. EXISTING SITE CHARACTERISTICS: There is an existing 1,021-square foot building and several mature trees on site. 1. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.34-acres (14,952-square feet) 1 ,300-square feet (minimum) Percentage of Site Devoted to 12% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 65% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 7-parking spaces 6-parking spaces (minimum) Front Setback 15-feet O-feet (minimum) Rear Setback 17.5-feet O-feet (minimum) Side Setback 6-feet (south) O-feet (minimum) Side Setback 110-feet (north) O-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Four structures; floral shop, well house, and two sheds. Height and Number of Stories of Proposed Buildings: 18- feet, one story. Page 2 of 10 K:\Planning DeptlEagle ApplicationslDr\2000IDR-42-00 MOD drf.doc K. 1. Gross Floor Area of Proposed Buildings: 1 ,021-square feet (main building-existing) 1,276-square feet (main building-proposed) 71-square feet (well house-existing) 190-square feet (shed-existing) On and Off-Site Circulation: A 4,200-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 23-foot wide driveway is proposed to be 10cated on the west side of this site approximately 36-feet south of the north property line providing access to Palmetto Avenue. BUILDING DESIGN FEATURES: Roof: Asphalt/fiberglass shingles Walls: Stained board and bat WindowslDoors: Vinyl frames with grids at front, Facia/Trim: Wood trim painted LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There were nine existing trees on this site. One tree was removed per the arborists report and approval by the Design Review Board. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: N/ A Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed around the perimeter of the parking lot of phase one. b. Interior Landscaping: 0% interior landscaping is required. 0% is proposed. M. TRASH ENCLOSURES: One 80-square foot trash enclosure is proposed to be located along the east side of the parking lot approximately 73-feet south of the north property line. The enclosure is proposed to be constructed of a wood with metal framed gates covered with wood. 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. N. O. SIGNAGE: On September 12, 2000, the Eagle City Council approved a rock sign for this development. The applicant was required to provide a revised landscape plan showing Page 3 of 10 K:IPlanning DeptlEagle ApplicationslDrl2000IDR-42-00 MOD drf.doc P. Q. R. the required 36-square feet of landscaping around the base of the sign. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District have been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. S. PUBLIC USES PROPOSED: None PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no T. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required AGENCY RESPONSES: N/A U. V. LETTERS FROM THE PUBLIC: None received to date. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A- 7(C)(2): Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this Section. . Section 8-2A-7(E)(4): The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled Page 4 of 10 K:\Planning Dept\Eagle Applications\Drl2000IDR-42-00 MOD drfdoc c. and burlapped. DISCUSSION: . On August 17, 2000, the Eagle Design Review Board approved a design review application for this site to convert the house to a floral shop (DR-42-00). Most of the site specific conditions of approval placed on the original application for this site required a revised landscape plan to be submitted for review and approval by staff and one member of the Design Review Board. The applicant started to layout the site for the parking lot when discrepancies were found on the plans that were approved by the City and what was actually out in the field. After several meetings with staff the applicant has submitted a revised parking lot layout that includes the existing trees and building on site and shows more landscaping per the City's request. The applicant removed the 16-inch Black Walnut tree that was located approximately 20-feet north of the south property line and approximately 35-feet east of the west property line. Per the original approval of this site (DR-42-00) the applicant was required to provide a revised landscape plan showing the Chanticleer Pear tree located north of the driveway increased to 4-inches in caliper and one additional 4-inch Chanticleer Pear tree planted near the southwest comer of the site to make up for removing the Walnut tree. The revised landscape plan submitted with this modification shows the two Chanticleer Pear trees however it does not specify the size of the tree. The applicant should be required to provide a revised landscape plan showing the Chanticleer Pear trees are a minimum of 4-inch caliper. The revised landscape plan should be reviewed and approved by staff prior to issuance of a building permit. There are eight trees proposed to be retained on site. The applicant should be required to provide construction fencing around the trees (a minimum of 10-feet from the trunk of the tree) to prevent any damage within the drip line of the trees. The applicant should be required to provide a plan showing the construction fencing around the eight trees a minimum of 10-feet from the trunk of the tree. The plan should be reviewed and approved by staff prior to issuance of a building permit. The applicant is proposing to locate the trash enclosure along the east side of the parking lot approximately 73-feet south of the north property line. The enclosure is proposed to be constructed of wood with metal framed gates covered with wood. On September 12,2000, the Eagle City Council approved a rock sign for this development. The applicant was required to provide a revised landscape plan showing the required 36- square feet of landscaping around the base of the sign. Staff defers comment regarding the proposed landscaping around the base of the sign to the Design Review Board. Angled parking has been proposed within the parking lot of this site. Due to the angled parking design the drive aisle for the site is one-way. The applicant has indicated that directional striping will be painted on the asphalt of the parking lot showing the direction of traffic flow. The parking lot striping and directional striping should be completed prior to issuance of a Certificate of Occupancy for the building. The applicant is proposing to install ground mounted lights at the base of the monument signs. The applicant should be required to provide in-ground can lights to illuminate the monument sign (see attached cut sheets within). If the ground mounted light fixtures are approved by the Design Review Board then the lights used to illuminate the monument sign should be screened or located so they do not shine onto the roadway or onto any nearby . . . . . . Page 5 of 10 K:\Planning DeptlEagJe Applications\Dr\2000IDR-42-00 MOD drfdoc property. The light fixtures shall be concealed or screened with perimeter landscaping providing a 12 month screen of sufficient height and density to conceal such fixtures. 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 HEARING OF THE BOARD: A. A public hearing on the application was held before the Design Review Board on September 13, 2001, at which time testimony was taken and the public hearing was closed. The Board made their decision at that time. 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). BOARD DECISION: The Board voted 4 to 0 (Kenison absent) to approve DR-42-00 MOD for a design review application to modify the building, site and landscaping plans of the Eagle Floral Shop with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: .L Provide construction fencing around the trees (a minimum of 10-feet from the trunk of the tree..QIJll ~e drip line Of::: tree whichever i, clo,",' to the trunk of the tree) to prevent any damaKe within Ibo rip line of the es. "CautionIDo Not Cross" tape is prohibited and shall not be used. The applicant shall be required to provide a plan showing the construction fencing around the eight trees a minimum of 1 0- feet from the trunk of the tree or at the drip line of the tree whichever is closest to the trunk;: t~e tr;. The plan shall be reviewed and approved by staff prior to issuance of a building permit. - e esi Review Board emphasizes the importance of this s.pecific condition. and in addition. c~p~ ~r damns shall be built within the drip line of each tree in order to retain water. No activity whatsoever within the drip line of the trees shall take place. 2. The parking lot striping shall be completed prior to issuance of a Certificate of Occupancy for the building. 3. The lights used to illuminate the monument sign shall be screened or located so they do not shine onto the roadway or onto any nearby property. The applicant shall be required to provide a detail of the light fixture to be reviewed and approve by staff prior to issuance of a sign permit. 4. The applicant shall be required to provide in-ground can lights to illuminate the monument signs (see attached cut sheets within). If floodlights are approved by the Design Review Board then the floodlights used to illuminate the monument sign shall be screened or located so they do not shine onto the roadway or onto any nearby property. The light fixtures shall be concealed or screened with perimeter landscaping providing a 12 month screen of sufficient height and density to conceal such fixtures. Page 6 of 10 K:\Planning Dept\Eagle Applicatinns\Dr12000\DR-42-00 MOD drf.doc 5. A sign permit is required prior to any signs being constructed on this site. 6. Provide details of the three ballard light fixtures proposed within the parking lot area. The details shall be reviewed and approved by staff prior to issuance of a building permit. +-. Prøvide a revised site and landscape plan ShO'l.'ÌBg the trash eÐ.cløsl:1fe loøated approximately 12 feet to the Borth so parking does Bot bloek the aøøess to the eÐ.cløsure. The revised site and landsøaping plan shall be revie'.yed and appro'¡ed by staff prior tø issaanee of a building permit. 8. The existing spruce tree located in the proposed parking area shall be moved to the planter located on the south side of the entrance to this site. 9. The lands~ap; plan shall be redesigned and presented to staff and one member of the Desi~ Review Board to r_fl ct the followin~ chan~es: The Red Twi~ Do~woods at the entry shall be replaced with a ~w~rf V:-i~~ i~ ~rder to maintain the si~ht vision trian~le. The Honey Locust indicated to be 2 1/2- in_h _alip r __all be replaced with a 3-inch caliper Honey Locust. The center Norway Spruce most adjacent to the buildin~ shall be eliminated. 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 any building permits or Certificate of Occupancy, whichever occurs first. 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 ofthe 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. Page 7 of 10 K:\Planning Dept\Eagle ApplicationsIDr12000IDR-42-00 MOD drf.doc 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 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 Page 8 of 10 K:\Planning DeptlEagle ApplicationslDrl2000IDR-42-00 MOD drf.doc area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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 ofthe 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 Commission and/or Council. 20. 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/or the Planning and Zoning Commission 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 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. 23. 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 Design Review Board approval date). 24. 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. 25. 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. Page 9 of 10 K:lPlanning DeptlEagle ApplicationslDrl2000IDR-42-00 MOD drfdoc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on July 5, 2001. 2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in accordance with Eagle City Code on July 20, 2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Eagle City Code on July 20, 2001. Requests for agencies' reviews were transmitted on July 16,2001 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-42-00 MOD) with regard to Eagle City Code Section 8-2A-13 Design Review Board Action, and based upon the information provided concludes that the proposed design review application is in accordance with the Eagle City Code. DATED this 11 th day of October 2001. ATTEST: J ~ r.A-rn - l¿ ~ t Sharon K. Moore, Eagle City lerk Page 10 of 10 K:\Planning DeptlEagle ApplicationslDrl2000IDR-42-OO MOD drfdoc