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
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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.
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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
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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
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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
.
.
.
.
.
.
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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.
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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.
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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
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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.
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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
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