Findings - DR - 2003 - DR-55-03 - Perimeter Common Area Landscaping In Ancona Business Park
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR)
A DESIGN REVIEW FOR THE COMMON AREA)
LANDSCAPING WITHIN ANCONA BUSINESS)
PARK FOR ANCONA GROUP, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-55-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on November 13, 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:
Ancona Group LLC, represented by Colin Connell, is requesting design review approval of the
perimeter common area landscaping within Ancona Business Park. The site is located on the
southwest corner of State Highway 44 and McGrath Road approximately 14 mile east of Edgewood
Lane.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 7, 2003,
C. NOTICE TO AGENCIES:
Requests for agencies' reviews were transmitted on October 21, 2003, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary
plat application (CU-9-01 & PP-6-01) for Ancona Business Park.
On May 21, 2002, the Eagle City Council approved a design review application for the common
area landscaping within Ancona Business Park (DR-7-02). This application has since expired.
On September 9, 2003, the Eagle City Council approved a preliminary plat extension of time
application for Ancona Business Park.
E, COMPANION APPLICATIONS: None
STAFF ANALYSIS PROVIDED WITHIN 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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: None
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C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Provide a license agreement from lID and/or ACHD allowing the installation of landscaping
located within the public rights-of-way and landscape said right-of-way. Submit plans to Design
Review Board for review and approval, prior to the City Clerk signing the final plat.
Design Review Board approval for the landscaping for the entire site is required prior to approval
of any final plat. Design Review Board approval for the landscaping for each individual pad site is
required prior to the issuance of any building permit. Individual lots within this subdivision as well
as the entire subdivision will be required to have a minimum of 10% landscaping each.
Construct a lO-foot wide meandering asphalt pathway within a IS-foot wide easement along the
State Highway 44 abutting the site, generally as shown on the preliminary plat date stamped by the
City on August 28,2001. The pathway approved for this site shall be required to be included
within the master landscape plan for the site and reviewed and approved by the Design Review
Board prior to issuance of any building permits.
.
.
.
The buildings shall be placed at varying angels facing the abutting road rights-of-way to alleviate
any walled corridor effect. The criteria to meet this requirement shall be established by the Design
Review Board and City Council.
Service driveways to the building sites facing the road rights-of-way shall be designed to maximize
the landscaping abutting the buildings without compromising function and utility. These items
shall be reviewed and approved by the Design Review Board prior to the issuance of any building
permits.
.
.
Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way between
this site and the edge of pavement along State Highway 44 to be landscaped, prior to the issuance
of any building permits.
Design Review Board approval of a "Master Landscape Plan" for the entire subdivision is required
prior to issuance of any building permits.
.
.
Minor site modifications may be permitted if approved as a part of any design review for the site.
Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
.
.
The applicant shall dedicate a sufficient amount of right-of-way to the Ada County Highway
District for the construction of a roadway along the southern boundary of this parcel and extending
west from McGrath Road to the western boundary of the site, prior to the approval of the final plat
for the first phase of the development.
If the applicant desires to construct the development in phases, then the applicant shall submit a
plan delineating the number and sequence of the phases. Final plat approval is required prior to the
issuance of any building permits. The applicant shall obtain approval of the roadway construction
drawings for the roadway abutting the southern boundary of the development from the Ada
County Highway District and construct the roadway, prior to the City Engineer signing the final
plat for that phase abutting the new roadway.
.
D. DISCUSSION:
.
On May 21,2003, the Eagle City Council approved a design review application for the common
area landscaping within Ancona Business Park (DR-7-02). Per Eagle City Code, any approval
given shall lapse and become null and void twelve (12) months following the date on which it was
given, unless, prior to the expiration date, construction or development is commenced and
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.
diligently pursued toward completion. Upon written request to the Design Review Board,
containing the reasons thereof, the Design Review Board may grant an extension of time for the
development not to exceed twelve (12) months. Because the applicant failed to start construction
or to have an extension of time application approved by the Design Review Board prior to the
expiration date, a new design review application for the approval of the common area landscaping
within Ancona Business Park is required to be reviewed and approved prior to the City Clerk
signing the final plat.
This application has been submitted for design review regarding the perimeter common area
landscaping within Ancona Business Park. It is the applicant's intent to provide the interior site
and parking lot landscaping with each pad site as the subdivision develops. If the applicant desires
to construct the development in phases, then the applicant shall submit a plan delineating the
number and sequence of the phases. Final plat approval is required prior to the issuance of any
building permits. The applicant shall obtain approval of the roadway construction drawings for
the roadway abutting the southern boundary of the development from the Ada County Highway
District and construct the roadway, prior to the City Engineer signing the final plat for that phase
abutting the new roadway.
.
The applicant should be required to provide a license agreement from ITD and/or ACHD allowing
the installation of landscaping located within the public rights-of-way and landscape said right-of-
way, prior to the City Clerk signing the final plat.
No utility easements have been shown within the common area landscape buffer. Typically when
the gas company installs a gas regulation station they install chain link fence with slats around the
station, Per Eagle City Code, chainlink with slats is prohibited. The developer should be required
to work with the gas, electrical and phone companies to provide screening of any proposed gas
regulation stations, electrical transformers and phone distribution boxes with landscaping on the
non-operational sides to provide screening of that equipment from view. The applicant should be
required to provide a revised landscape plan showing the plant material planted around the
equipment. The revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
The buildings should be placed at varying angels facing the abutting road rights-of-way to alleviate
any walled corridor effect. The criteria to meet this requirement should be established by the
Design Review Board and City Council.
.
.
.
Service driveways to the building sites facing the road rights-of-way should be designed to
maximize the landscaping abutting the buildings without compromising function and utility.
These items should be reviewed and approved by the Design Review Board prior to the issuance
of any building permits.
Site lighting specifications (location, height, wattage, screening, etc.) should be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
.
.
The applicant should dedicate a sufficient amount of right-of-way to the Ada County Highway
District for the construction of a roadway along the southern boundary of this parcel and extending
west from McGrath Road to the western boundary of the site, prior to the approval of the final plat
for the first phase of the development.
Staff defers comment regarding the landscape design 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
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report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on November 13, 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 6 to 0 (Christensen absent) to approve DR-55-03 for a design review application
for the common area landscaping within Ancona Business Park for Ancona Group, LLC, with the
following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions ofCU-9-01 and PP-4-01 (conditional use permit and
preliminary plat of Ancona Commercial Business Park).
2. If the applicant desires to construct the development in phases, then the applicant shall provide a plan
delineating the number and sequence of the phases upon the submittal of the first lot design review
application. Otherwise, all paving, landscaping, and site improvements shall be constructed with the
completion of the fIrSt building.
3. Provide a license agreement from ITD and/or ACHD allowing the installation of landscaping located
within the public rights-of-way and landscape said right-of-way, prior to the City Clerk signing the
final plat.
4. Work with the gas, electrical and phone companies to provide screening of any proposed gas
regulation stations, electrical transformers and phone distribution boxes with landscaping on the non-
operational sides to provide screening of that equipment from view. The applicant shall be required to
provide a revised landscape plan showing the plant material planted around the equipment. The
revised landscape plan shall be reviewed and approved by staff and one member of the Design Review
Board prior to the City Clerk signing the final plat.
5. No signs have been proposed with this application. A separate design review application shall be
required for the approval of any signs.
6. Provide all landscape improvements abutting State Highway 44 north of the 10-foot wide meandering
pedestrian pathway and all landscaping on McGrath Road from the back of sidewalk to the proposed
parking lot curb of this development prior to the City issuing a certificate of occupancy for the first
building within this development. All proposed landscaping on the south side of the meandering 10-
foot wide pathway on State Highway 44 shall be installed with each lot as it develops.
7. The CC&R's for the Ancona Business Park business owner's association shall provide that the
association shall have the duty to maintain and operate all of the common landscape areas in the
subdivision in a competent and attractive manner, including the water, mowing, fertilizing, and caring
for shrubs and trees.
8. Site lighting specifications (location, height, wattage, screening. etc.) shall be reviewed and approved
by the Design Review Board prior to the City issuing a zoning certificate for this site.
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STANDARD CONDITIONS OF APPRO V AL:
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 flISt. 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
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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 (Le.; 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 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 rust.
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 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
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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 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 October 7, 2003.
2. Requests for agencies' reviews were transmitted on October 21, 20031 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-55-03) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided 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.
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DATED this 11th day of December 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
~4
Eric R. McCullough, Chairman
ATTEST:
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'-'Sharon K. Moore, Eagle City Clefk
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