Findings - DR - 2004 - Dr-76-03 - Common Area Landscaping Within Merrill Subdivision No 4 At 501 S Fitness Pl
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR THE COMMON AREA
LANDSCAPING WITHIN MERRILL SUBDIVISION
NO.4 FOR DAVE EVANS CONSTRUCTION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-76-03
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 of the common area landscaping within Merrill Subdivision
No.4. The site is 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.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 4, 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. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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 (PP/FP-1-03) for Merrill Subdivision No.4.
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:
.
Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
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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 Section 8-2A-7(E)
The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and
burlapped.
C. PRELIMINARY PLAT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Comply with all conditions of CU-4-98/ PPUD-1-98/ PP-3-98 (Rocky Mountain Business Park)
and FPUD-2 &3-99 & FP-7 & 8-99 (Merrill Subdivision Nos. 1 & 2).
Any improvement to the site is subject to the review and approval of a Design Review application.
Design Review Board review and approval of perimeter landscaping, individual buildings and
associated landscaping, parking lot and a master sign plan are required prior to the issuance of any
building permits for the site.
.
D. DISCUSSION:
.
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). The landscape plan date stamped by the City on October 5, 2000, shows the required
street trees along East Iron Eagle Drive and East Plaza Drive, and common area landscaping along
the ten foot (10') wide pathway adjacent to State Highway 44. It has been the responsibility of the
applicant whose site is adjacent to the common area to plant the required number of trees per the
approved landscape plan date stamped by the City on October 5, 2000. The applicant is required
to have a minimum of ten (10) deciduous trees, seven (7) flowering trees, and six (6) evergreen
trees planted along the ten foot (10') wide pathway adjacent to State Highway 44. The landscape
plan submitted by the applicant and date stamped by the City on January 15, 2004, indicates that
there are nine (9) existing trees along the ten foot (10') wide pathway, of which only four (4) have
been specified as deciduous or evergreen trees. The applicant should be required to provide a
revised landscape plan showing a minimum often (10) deciduous trees, seven (7) flowering trees,
and six (6) evergreen trees planted along the ten foot (10') wide pathway that is located adjacent to
State Highway 44. The revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
Per the approval of the common area landscape plan for Rocky Mountain Business Park, a five
foot (5') wide pathway connection is required to be constructed from Fitness Place to the ten foot
(10') wide pathway located adjacent to State Highway 44. The landscape plan submitted by the
applicant and date stamped by the City on January 15, 2004, indicates that a straight five foot (5')
wide concrete sidewalk is to be constructed near the east property line of Merrill Subdivision No.
4. It is staffs opinion that the five foot (5') wide pathway connection should meander and be
planted with additional trees to provide interest to pedestrians utilizing the pathway. The applicant
should be required to provide a revised landscape plan showing a five foot (5') wide meandering
pathway located near the east property line of Merrill Subdivision No.4 with the addition of two
(2) deciduous or flowering trees staggered on each side of the meandering pathway. The revised
landscape plan should be reviewed and approved by staff and one member of the Design Review
Board prior to the City issuing a zoning certificate for this site.
The applicant is proposing to install two inch (2") caliper deciduous trees within Merrill
Subdivision No.4. Per Eagle City Code, all deciduous trees are required to be a minimum of three
.
.
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inch (3") caliper. The applicant should be required to provide a revised landscape plan showing
all deciduous trees to be a minimum of three inch (3") caliper. The revised landscape plan should
be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
This application has been submitted for design review approval regarding the common area
landscaping within Merrill Subdivision No.4. It is the applicant's intent to provide the interior
parking lot landscaping with the completion of this subdivision and each pad site will apply for
design review for the building and landscaping at the base of each building.
The applicant anticipates that six office buildings totaling 22,250-square feet (maximum) will be
constructed within Merrill Subdivision No.4. Per Eagle City Code, a minimum of eighty-nine
(89) parking spaces would be required for these six office buildings. The applicant has seventy
four (74) parking spaces on site and proposes to construct nine (9) additional parking spaces on the
Rocky Mountain Fitness Center property which abuts Merrill Subdivision No. 4's west property
line. The applicant should be required to provide a joint parking agreement between this site and
the Rocky Mountain Fitness Center property owner(s) to construct and utilize the nine (9) parking
spaces proposed on the adjacent property to the west. The joint parking agreement should be
reviewed and approved by the Zoning Administrator and recorded in the Ada County Recorder's
office prior to the City issuing a zoning certificate for this site.
In addition to the nine (9) parking spaces being constructed on the adjacent property, an additional
six (6) parking spaces are required to meet the eighty nine (89) parking spaces that are required
with this development. The applicant is proposing to utilize the six (6) parking spaces that remain
as overage parking for the Rocky Mountain Fitness Center. The applicant should be required to
provide a joint parking agreement between this site and the Rocky Mountain Fitness Center
property owner(s) to utilize six (6) parking spaces that exist on the Rocky Mountain Fitness
Centers property. The joint parking agreement should be reviewed and approved by the Zoning
Administrator and should be recorded in the Ada County Recorder's office prior to the City
issuing a zoning certificate for this site.
.
.
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.
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
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.
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-76-03 for a design review
application for the common area landscaping 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 strike thru to be deleted by the Board and
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text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPRO V AL:
1. Comply with any applicable conditions of PP/FP-1-03 (preliminary plat and final plat of Merrill
Subdivision No.4).
2. Provide a revised landscape plan showing a minimum of ten (10) deciduous trees, seven ( 7) flowering
trees, and six (6) evergreen trees planted along each side of the ten foot (10') wide pathway adjacent to
State Highway 44. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
3. Provide a revised landscape plan showing a five foot (5') wide meandering pathway located near the
east property line of Merrill Subdivision No.4 and include two (2) deciduous or flowering trees
staggered on each side of the meandering pathway. The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
4. 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.
5. All parking lot improvements (i.e.: asphalt, curb, drainage, landscaping, etc.) shall be completed prior
to the City issuing a Certificate of Occupancy for any building within this development.
6. 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. All future applicants within this development shall be required to show the
adjacent buildings on the site plan submitted with an application. with the intent to vary the angle from
other buildings.
7. Provide a joint parking agreement between this site and the Rocky Mountain Fitness Center property
owner(s) to construct and utilize the nine (9) parking spaces proposed on the adjacent property to the
west. The joint parking agreement shall be reviewed and approved by the Zoning Administrator and
shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for
this site.
8. Provide a joint parking agreement between this site and the Rocky Mountain Fitness Center property
owner(s) to utilize six (6) parking spaces that exist on the Rocky Mountain Fitness Centers property (to
the north). The joint parking agreement shall be reviewed and approved by the Zoning Administrator
and shall be recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate
for this site.
9. Provide cross-access agreements between this site and the properties to the north and west. 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.
10. 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.
11. No signs are proposed with this application. A separate design review application (DR-73-03) 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.
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12. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
13. Provide joint drainage agreements between this site and the properties to the north. The joint drainage
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.
14. The five foot (5') wide pathway proposed near the east property line of this development shall be
completed prior to the City issuing a certificate of occupancy for any building within this development.
15. Provide a revised landscape plan showing the removal of the landscape improvements shown around
the buildings on Lots 19 and 20. Block 3. Merrill Subdivision No.4. The revised landscape plan shall
be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROV 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
flfSt.
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
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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 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
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Pathway/Greenbelt Committee and shall be shown on the fmal plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs fITSt.
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.
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on December 4, 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-76-03) 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.
DATED this 12th day of February 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada~nty, Idaho
ATTEST:
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