Findings - DR - 2003 - DR-16-03 - Construct 6,021' Multi Tenant Professional Office Building In Aquila Village Subdivis
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A MULTI-TENANT PROFESSIONAL OFFICE )
BUILDING WITHIN AQUILA VILLAGE SUBDIVISION)
FOR OPPENHEIMER DEVELOPMENT CORPORATION)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-16-03
The above-entitled design review application came before the Eagle Design Review Board for their
action on May 8, 2003. 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:
Oppenheimer Development Corporation, represented by Scott Wendell with Lombard Conrad
Architects, is requesting design review approval to construct a 6,021-square foot multi-tenant
professional office building within Aquila Village Subdivision. The site is located on the west
side of North Palmetto Avenue approximately 100-feet north of East State Street at 49 North
Palmetto Avenue.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 3, 2003.
C. NOTICE OF HEARING:
Requests for agencies' reviews were transmitted on April 4, 2003, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-17-03 (master sign plan application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Vacant lot within Aquila
District) SubdivIsIon
Proposed No Change No Change Multi-tenant professional
office building
North of site Central Business District CBD (Central Business U. S. Post Office
District)
South of site Central Business District CBD (Central Business Vacant lot within Aquila
District) Subdivision
East of site Commercial C-2 (General Business Proposed Eagle Floral
District) Shop
West of site Central Business District CBD (Central Business Multi-tenant professional
District) office building
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the CEDA (Community Entry
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is curb, gutter and an eight foot (8') wide meandering
sidewalk abutting this site on Palmetto Avenue. Curb and gutter exist on the north and west
sides of this development. There is an existing thirty six foot (36') wide access drive located
across the northern forty feet (40') of this site's property and a thirty foot (30') wide access drive
located across the western fifteen to twenty feet (15' to 20') of this site's property.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 40,683-square feet (0.93-acres) 500-square feet (O.OI-acres)
Percentage of Site Devoted to 21 % (approximately - not 20% (minimum)
Building Coverage including the access driveways) 92% (maximum)
Percentage of Site Devoted to 39% (approximately - not 10% (minimum)
Landscaping including the access driveways)
Number of Parking Spaces 30-parking spaces 24-parking spaces (minimum)
Front Setback 88-feet (west) 20-feet (minimum)
Rear Setback 20-feet (east) O-feet
Side Setback 52-feet (north) 10-feet (minimum)
Side Setback 57-feet (south) 10-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building is to be used as a multi-tenant professional
office building
Height and Number of Stories of Proposed Buildings: Twenty five feet (25') in height; one story.
Gross Floor Area of Proposed Buildings: 6,O21-square feet.
On and Off-Site Circulation:
An 11,319-square foot (approx.) paved parking lot will provide parking for vehicles using this
site. One 26-foot wide driveway will be located near the southwest corner of the site providing
access to the north/south driveway which ultimately provides access to State Street.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt shingles (grey/black)
Walls: Brick/EIFS (red/tan)
Windows/Doors: Anodized frames (silver)
Fascia/Trim: Wood/metal (green)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The applicant is retaining the three (3)
existing street trees located along Palmetto Avenue.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): As approved by the Design Review Board.
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Street Trees: The street trees along Palmetto Avenue were installed by the developer of Aquila
Village Subdivision.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping will be installed on the north, west, and east sides of the
parking lot. No landscaping will be installed along the south property line of
this site because the site will be integrated with the property to the south
providing cross access between the two parcels.
b. Interior Landscaping: 8% interior landscaping is required. 8% will be installed.
M. TRASH ENCLOSURES:
One 100-square foot trash enclosure will be located at the southeast corner of the site
approximately 170-feet east of the driveway located on the north/south access driveway. The
enclosure will be constructed of split face CMU block with metal gates painted to match the
building.
N. MECHANICAL UNITS:
The applicant is using ground mounted mechanical units. The ground mounted mechanical units
will be screened with a four foot (4') high screen wall. No roof-top mechanical units will be
utilized with this application.
O. OUTDOOR LIGHTING:
Two (2) fourteen and one halffoot (14 W) high 25D-watt high pressure sodium light fixtures will
be located within the parking lot of this site. Other than recessed can lights within the soffit of
the building, no exterior building lighting is approved.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application has been
submitted for the approval of a master sign plan for this building. The master sign plan shall be
reviewed and approved prior to the City accepting a building permit for this site.
Q. 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.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - three (3) street trees along Palmetto Avenue
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
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 attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Section 8-2A- 7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking
areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree and five
(5) shrubs per thirty five (35) linear feet of perimeter.
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C. DISCUSSION:
.
The applicant has not proposed continuous landscaping on the south property line of the parking
lot because this site will be integrated with the property to the south providing cross access
between the two parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter
landscaped strip is required between the property lines and the parking lot and should be planted
with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter.
It is staffs opinion that because this site's parking and access will be integrated with the
property to the south providing cross access between parcels and because the landscape buffer
requirements of Eagle City Code require extensive landscaping to buffer the parking lot from the
public right-of-way, the applicant should not be required to provide a perimeter landscape strip
on the south property line.
Staff defers comment regarding building design and colors to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITmN 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 May 8, 2003, 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 (Bowen, Christensen, and McCullough absent) to approve DR-16-03 for
a design review application to construct a multi-tenant professional office building for
Oppenheimer Development Corporation 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 cross-access agreement between this site and the property to the south. The cross access
agreements shall be reviewed and approved by the Zoning Administrator and shall be recorded in the
Ada County Recorder's office prior to the City accepting a building permit for this site.
2. All roof vents protruding through the roof and similar features shall be painted to match the color of
the roof. The applicant shall be required to paint all roof vents and similar features protruding
through the roof a color to match the color of the roof.
3. No roof-top mechanical units have been proposed with this application and none are approved.
4. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
5. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
6. No signs are proposed with this application. A separate design review application (DR-17 -03) has
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been submitted for approval of a master sign plan for this site.
7. The existin~ plant material currently located around the electrical transformer. located on the east
side of the trash enclosure. shall be retained and protected durin~ construction. If the plants are
dama~ed durinfj construction. the plants shall be replaced with the same species and size of plant
currently located on site prior to the City issuing a Certificate of Occupancy for this site.
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 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)
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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 park~ng 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.1I
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 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.
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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 ofthe 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 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 Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use oflandscaping (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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 3, 2003.
2. Requests for agencies' reviews were transmitted on April 4, 2003 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-16-03) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided and 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.
DATED this 22nd day of May 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
~
Eric R. McCulloug , Chairman
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