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Findings - DR - 2007 - DR-37-07 - Multi Tenant Retail/Office Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW FOR A MULTI-TENANT RETAIU ) OFFICE BUILDING FOR GEM STATE DREAMS, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-37-07 The above-entitled design review application came before the Eagle Design Review Board for their action on July 12,2007. The Board continued this item to July 26, 2007, and made their recommendation at that time. The 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: Gem State Dreams, LLC, represented by Bob Niblett, is requesting design review approval to construct a single-story, 6,250-square foot multi-tenant retail/office building. The site is located on the north side of East State Street approximately III-feet west of South Academy Avenue within Winding Creek East Subdivision at 1201 and 1225 East Winding Creek Drive (Lots 6 & 7, Block 1, Winding Creek East Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 6, 2007. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 13, 2007, In accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 11, 2005, the Eagle City Council approved a preliminary plan and final plat application for Winding Creek East Subdivision (formerly Hillcreek Business Park (PPIFP-03- 04)). On February 8, 2005, the Eagle City Council approved a design review application for the common area landscaping within Winding Creek East Subdivision (formerly Hillcreek Business Park (DR- 131-04)). E. COMPANION APPLICATIONS: DR-38-07 (design review master sign plan application) Page 1 of 10 K:\Planning Dept\Eagle Applications\Dr\2007\DR-37-07 Niblett drfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-2 (General Business Vacant lot within Winding District) Creek East Subdivision Proposed No Change No Change Multi-tenant Retail/Office Building North ofsite Commercial C-2 (General Business Vacant lot within Winding District) Creek East Subdivision South ofsite Mixed Use MU (Mixed Use) State Street/multi-tenant building (under construction) East of site Commercial C-2 (General Business Construction Yard District) West of site Commercial C-2 (General Business Multi-tenant office District) building (under construction) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: There is an existing parking area which serves the parking requirements for present and future buildings within the Winding Creek east Subdivision. The parking area has been landscaped per Eagle City Code. Landscaping has been installed along East State Street. A Landscape strip is also present between the proposed site and an existing construction storage yard adjacent to the site. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 26,S86-square feet (0.67-acres) 1,300-square feet (0.03-acres) (minimum) Percentage of Site Devoted to 23% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 32% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 25-parking spaces 25-parking spaces (minimum) Front Setback SO-feet (west) 0- feet Rear Setback 20-feet (east) O-feet Side Setback 32-feet (south) 0- feet Side Setback 4- feet (north) 0- feet Page 2 of 10 K\Planning Dept\Eagle Applica1ions\Dr\2007\DR-37...Q7 Niblett drfdoc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One 6,250-square foot multi-tenant retaiVoffice building. Height and Number of Stories of Proposed Buildings: 35' 0"; single story. Gross Floor Area of Proposed Buildings: 6,250-square feet. On and Off-Site Circulation: A 9,109-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 20-foot wide shared driveway located to the north of this site provides access to Winding Creek Road. K. BUILDING DESIGN FEATURES: Roof: Asphalt Shingles (Black) Walls: Stucco (Tan, Reddish-Brown, Light Green) Windows/Doors: Aluminum Storefront Glazing System (frame-Dark Bronzer FascialTrim: Metal (Brown) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees within a landscape area along the east property line which are to be retained and protected. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: Located within the 5-foot wide landscape strip between the curb and sidewalk along the frontage of State Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping is proposed along the east and south sides of the parking lot. Continuous landscaping is not proposed along the north or west property lines because this site will be integrated with the properties to the north and west providing cross access between parcels. b. Interior Landscaping: 8% interior landscaping is required, 8% is proposed. M. TRASH ENCLOSURES: One trash enclosure is located on the property to the north of this site. The trash enclosure was constructed when the building located to the east was constructed. The enclosure is constructed of CMU, with metal gates. Page 3 of 10 K:lJ>lanning Dept\Eagle Applications\Dr\2007\DR-37_07 Niblett drf.doc N. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units and roof vents will be screened by the mansard roof. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has 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 - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown 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 incorporated herein by reference and attached to the report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Chevron Pipeline Eagle Fire Department Page 4 of 10 K\Planning Dept\Eagle Applications\Dr\2007\DR.37-07 Niblett drf.doc W. LETTERS FROM THE PUBLIC: None X. COMMENTS FROM CITY FORESTER: Memo from Julie Lafferty, dated July 2,2007, (incorporated herein by reference and attached to the staff report). 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 Commercial B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(A)(5)(b) The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); · Eagle City Code Section 8-2A-6(B)(5)(c) states in part All vents protruding through the roof, and similar features shall be painted so as to match the color of the roof. . Eagle City Code 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. . Eagle City Code Section 8-2A-7(M)(2) In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. C. DISCUSSION: · The applicant is proposing to construct a single-story multi tenant retail/office building using the Mediterranean style of architecture. The applicant is proposing the exterior of the building to be comprised ofa stucco finish only. The EASD Book, page 47; clearly states that "Mediterranean building styles include a dominant stucco exterior, which for purposes of Eagle architecture shall be prohibited. Stucco exteriors are permitted if combined with other materials, such as masonry or wood". The applicant should provide revised building elevations incorporating additional materials as specified in the EASD book for the Mediterranean style of architecture. The revised building elevation should be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site. Page 5 of 10 K:\Planning Dept\EagJe Applications\Dr\2007\DR-37-07 Niblett drfdoc · Following the EASD guidelines for Mediterranean style buildings, the building itself has been designed with towers on the west and south building elevations with a mansard-style roof. The roof will screen all roof top mechanical units, exterior duct work, and roof vents required for the building. The roof will be low pitched with black asphalt shingles. Typically, a Mediterranean style building would feature ceramic roof tiles, but for reasons of costs associated with construction of the building, the applicant desires to use asphalt shingles instead. Staff defers comment to the Design review Board regarding the use of asphalt shingles. · There is an existing landscaped strip and six foot (6')-high vinyl fence located along the east side of the property between the proposed building and the construction yard. The applicant will retain, protect and incorporate the existing landscaping into the overall landscape plan for the site. · 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 below. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on July 12, 2007. The application was continued to July 26, 2007, at which time the Board made their decision. S. 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 4 to 0 (Grubb, Barnes and Weber absent) to approve DR-37-07 for a design review application to construct a multi-tenant retaiVoffice building for Gem State Dreams, LLC, 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 revised building elevation showing the incorporation of stone, brick, wood or other materials to satisfY requirements as specified in the EASD book for the Mediterranean style of architecture. The revised elevations shall be reviewed and approved by staff and one Design Review Board member prior to the City issuing a zoning certificate for this site. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 3. Submit $400.00 to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Su~mit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan revIew. 6. No signs are proposed with this application. A separate design review application (DR-38-07) has been submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. Page 6 of 10 K:\Planning Dept\Eagle Applications\Dr\200TIDR_37-07 Niblett drfdoc 7. Provide sample of the type and color of tile to be used for the roof. The tile sample shall be reviewed and approved bv staff prior to the City issuing a Zoning Certificate for the site. 8. Provide revised elevations showing arches located above all windows and doorways. Revised elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for the site. 9. Provide revised landscape plan showing all trees in the vicinity of the site. Revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for the site. 10. Provide detailed cut sheets of proposed lighting for the site. The cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for the site. 11. Provide revised elevations showing materials and treatment of materials to be used for the corbels and trellis. Revised elevations shall be reviewed and approved bv staff prior to the City issuing a zoning certificate for the site. 12. Provide revised landscape plan showing additional trees located along the south portion of the property. Revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for the site. 13. The materials. colors. and elevations provided by the applicant date stamped bv the City on Julv 23. 2007. are approved. 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. Page 7 of 10 K:\Planning Dept\Eagle Applications\Dr\2001\DR-37-07 Niblett drfdoc 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 certiry that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (I) 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 of3,600 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, Page 8 of 10 K:\Planning Dept\Eagle Applications\DrI2007\DR-37-07 Niblett drfdoc 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 Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development 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 Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. IS. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects ofthe Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City 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 the City Council 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 modii)' 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 City Council approval date). Page 9 of 10 K:\Plarming Oept\Eagle Applications\Dr\2007\DR-37-07 Niblett dlfdoc 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use ofIandscaping (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 June 6, 2007. 2. Requests for agencies' reviews were transmitted on June 13, 2007, 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-37-07) 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. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the C-2 (General Business District) zoning district. DATED this 26th day of July 2007. ".'.....',', ,., II, .,.,.' ~ .. ;f,,#. ....- ~ y .......... 0 #~ l ~ ..- '\t. ,<... ~ ~ : 1:lJ.- ,... Cf...... L ": . LI.: 4:' ,...;J ~~ 0 : o ~: _ : et\ ~\ 0' , &lJ ~:.~ E _ ~. 0 '" oCt:.......... ~ ~.,.. e. ..) 0+.- " .: ~ 0 ... ''';.. .,"<. ..~ "#, ........ '\ ~ ...... '#, * ~'...... #""" II It'" ".... Page 10 of 10 K:\Planning Dept\Eagle Applications\Dr\2007\DR.37_07 Niblett drfdoc