Findings - DR - 2004 - DR-70-03 - Construct A 5822' Multi-Tenant Building/501 S Fitness Place/Merrill #4
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A MUL TI- TENANT OFFICE BUILDING
WITHIN MERRILL SUBDIVISION NO.4
FOR DA VE EVANS CONSTRUCTION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR- 70-03
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 22,2004. 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:
Dave Evans Construction, represented by Tim Scharff with Dave Evans Construction, is
requesting design review approval to construct a 5,822-square foot multi-tenant building. The site
is located within Merrill Subdivision No.4 (a re-subdivision of Lot 12, Block 3, Merrill
Subdivision No.2, formally known as Rocky Mountain Business Park) located at 501 South
Fitness Place. This building is proposed to be located on Lot 20, Block 3, of Merrill Subdivision
No.4.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 3,2003.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 16, 2003, in accordance with the
requirements of the Eagle City Code.
D. IllSTORY OF RELEVANT PREVIOUS ACTIONS:
On June 22, 1999, the Eagle City Council approved a design review application for the common
area landscaping within Rocky Mountain Business Park (DR-24-99).
On October 24, 2000, the Eagle City Council approved a modification to the design review
application for the common area landscaping within Rocky Mountain Business Park (DR-24-99
MOD).
On October 23, 2003, the Eagle City Council approved a combined preliminary plat and final plat
application (PPIFP-I-O3) for Merrill Subdivision No.4.
E. COMPANION APPLICATIONS:
DR-74-O3 (design review sign application for the master sign plan for the multi-tenant office
building on Lot 20, Block 3, of Merrill Subdivision No.4)
DR-76-O3 (design review application for the common area landscaping for Merrill Subdivision
No.4)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant
Proposed No Change No Change Commercial Subdivision
for Six Commercial/
Professional Office
Buildings
North of site Mixed Use MU (Mixed Use) Rocky Mountain Fitness
Center & Four Professional
Office Buildings
South of site Public/Semi-Public & MU (Mixed Use) State Highway 44 & Eagle
Mixed Use River Development
East of site Mixed Use MU (Mixed Use) Studio "C" Dance Studio
West of site Mixed Use MU (Mixed Use) Vacant & possible roadway
connection to SH 44
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
A greenbelt/pathway has previously been constructed along State Highway 44 abutting the
southern boundary of the Rocky Mountain Business Park development.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.39-acres (17,289-square feet) 0.16-acres (7,000-square feet)
Percentage of Site Devoted to 34% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 64% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 89-parking spaces * 24-parking spaces
Front Setback 73-feet (north) 20-feet
Rear Setback 37-feet (south) 20-feet
Side Setback 13-feet (east) 7.5-feet
Side Setback 13-feet (west) 7.5-feet
* Note: Eighty nine (89) parking spaces are proposed with the construction of MemO Subdivision No.4 including shared parking with Rocky
Mountain Fitness Center. A total of 22,250-square feet (maximum) of office space may be constructed within MemO Subdivision No.4.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a multi-tenant office building.
Height and Number of Stories of Proposed Buildings: 25-feet high, one story.
Gross Floor Area of Proposed Buildings: 5,822-square feet
On and Off-Site Circulation:
A 23,409-square foot (approximately) paved parking lot is to be constructed to provide parking for
vehicles using this site. One 25-foot wide driveway will be constructed on the east side of this
development providing access to Fitness Place. Cross access drive aisles along the north property
line will provide access to the Rocky Mountain Fitness Center and four (4) office buildings located
on the southwest corner of Iron Eagle Drive and Fitness Place.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile
Walls: Stucco (earth tones)
WindowsIDoors: Vinyl windows (almond), Aluminum doors (black)
FascialTrim: Stucco (earth tones)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
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 will not be installed around the perimeter of the parking
lot because this site will be integrated with the surrounding properties providing
cross access between parcels.
b. Interior Landscaping: 10% interior landscaping is required. 12% will be installed.
M. TRASH ENCLOSURES:
Two (2) fifty (50) square foot trash enclosures will be located within the northeast and northwest
areas of the parking lot of this development. The enclosures will be constructed of CMU block
with stucco finish and vinyl gates all of which will match the colors of the buildings.
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N. MECHANICAL UNITS:
The applicant will use ground mounted mechanical units. The ground mounted mechanical units
will be screened with landscaping.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-74-03) has
been submitted and is required for the approval of any signs for this site. The sign application
shall be reviewed and approved prior to the City issuing a zoning certificate for this site.
Q. PUBLIC SERVICES A V AILABLE:
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
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - Boise River Floodplain
Note: Portions of the Merrill Subdivision Nos. 1 & 2 are located within the Boise River
floodplain. All floodplain and floodway concerns were addressed as a part of the Merrill
Nos. 1 & 2 Subdivisions and associated floodplain development permit application.
Evidence of Erosion - No
Fish Habitat - No
Floodplain-Yes
Mature Trees - Yes, within landscaped strips adjacent to the roadways and SH 44
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - 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 included herein by reference.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
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Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
W. LETTERS FROM THE PUBLIC:
Letter from Keith Atkins, City Forester, dated December 2003 (included herein by reference).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WIllCH ARE OF SPECIAL CONCERN REGARDING
TIllS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Mixed Use.
B. ZONING CODE PROVISIONS, WIllCH ARE OF SPECIAL CONCERN REGARDING TillS
PROPOSAL:
. Eagle City Code 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 Eagle
City Code.
Eagle City Code 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.
C. DISCUSSION:
.
The applicant has not proposed continuous landscaping around the perimeter of the parking lot
because this site will be integrated with the surrounding properties providing cross access between
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 staff s opinion
that because this site will be integrated with the surrounding properties 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 that the applicant
should not be required to provide a perimeter landscape strip on the east and west property lines.
Staff defers comment regarding building design and colors to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on January 22, 2004, at which
time the Board made their decision.
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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 5 to 0 (Bowen and McCullough absent) to approve DR-70-03 for a design review
application to construct a multi-tenant office building within Merrill Subdivision No.4 for Dave
Evans Construction 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. Comply with any applicable conditions of DR-76-O3 (common area landscaping for Merrill
Subdivision No.4).
2. Comply with any applicable conditions of PPIFP-I-03 (preliminary plat and final plat for Merrill
Subdivision No.4).
3. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
4. No signs are proposed with this application. A separate design review application is required for the
approval of a master sign plan for this building. The master sign plan shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
5. Provide revised elevation plans showinl! I!feater visual relief (i.e.: e:ables. dormers, etc.) on the east and
west buildine: elevations. The revised elevation plans shall be reviewed and approved by staff and one
member of the Desil!O Review Board prior to the City issuinl! a zoning certificate for this site.
6. Provide revised site and landscape plans showine: the four foot (4') wide sidewalks located on both the
east and west sides of the building to be meanderinl! so as to create varying planter widths adjacent to
the buildine:. The sidewalk located on the east side of the buildinl! shall be located so that the property
to the east may connect to this sidewalk to avoid two parallel sidewalks beine: constructed adjacent to
each other. The revised site and landscape plans shall be reviewed and ap1>roved by staff prior to the
City issuing a zonine: certificate for this site.
7. Provide a revised landscape plan showing all deciduous trees to be a minimum of three inch (3")
caliper. The revised landscape plan shall be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
8. Provide a revised landscape plan showing an increase in the quantity of plant material around the base
of the building. The revised landscape plan shall be reviewed and approved by staff and one member
of the Desil!O Review Board prior to the City issuing a zoninl! certificate 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.
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4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs fIrst.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs fIrSt. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs fIrst.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs fIrst.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs fIrst. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fiXtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
fIrst.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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
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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 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 of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs fIrst.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs fIrst.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
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.
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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 December 3, 2003.
2. Requests for agencies' reviews were transmitted on December 16, 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-70-O3) 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 12th day of February 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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