Findings - DR - 2009 - DR-20-06 MOD - Modify The Multi-Tenant Flex Space Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO MODIFY THE MULTI-TENANT )
FLEX SPACE OFFICE BUILDING FOR RICHARD MAY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-20-06 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 27, 2009. 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:
Richard May, represented by Jason Tomlinson with Tomlinson Designs, is requesting design
review approval to modify the exterior building elevations of a multi-tenant flex space office
building. The 0.68-acre site is located on the west side of South Ancona Drive (Lot 4, Block
1, Ancona Business Park) approximately two hundred feet south of State Highway 44 at 1079
S. Ancona Avenue.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 29, 2009.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 22, 2002, the Eagle City Council approved a conditional use permit and preliminary
plat application for Ancona Business Park (CU-9-01 & PP-6-01).
On September 9, 2003, the Eagle City Council approved a preliminary plat extension of time
application for Ancona Business Park.
On January 13,2004, the Eagle City Council approved the common area landscaping plan within
Anacona Business Park (DR-55-03).
On March 16, 2004, the Eagle City Council approved a final plat application for Ancona Business
Park (FP-15-03).
On April 11, 2006, the Eagle City Council approved a design review application for a multi-tenant
flex space office building for this site (DR-20-06).
On September 20, 2006, City Staff reviewed and approved the construction plans for the multi-
tenant flex space office building.
On September 21,2007, the Eagle Building Department issued a building permit for this site.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Multi-tenant flex space
office building
Proposed No Change No Change Multi-tenant flex space
office building
North of site Mixed Use MU (Mixed Use) Multi-tenant flex space
office building
South of site Mixed Use MU (Mixed Use) Vacant lot within Ancona
Business Park
East of site Mixed Use MU (Mixed Use) Ancona RoadN acant
West of site Mixed Use MU (Mixed Use) "Bagmaker" building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The building with associated landscaping, parking, and other
side improvements has been complete.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 29,480-square feet (0.68 acre) 7,000-square feet (0. 1 6-acres)
(minimum)
Percentage of Site Devoted to 25% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 3,095-square feet (approximately) 2,948-square feet (minimum)
Landscaping
Number of Parking Spaces 44-parking spaces 43-parking spaces (minimum)
Front Setback (south) 35-feet 20-feet (minimum)
Rear Setback (north) 35-feet 20-feet (minimum)
Side Setback (east) 70-feet 20-feet (minimum)
Side Setback (west) 7.S-feet 7.5-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Building:
One building to be used as a multi-tenant flex space office building.
Height and Number of Stories of Existing Building: 30'9"; one story with mezzanine.
Gross Floor Area of Existing Building: 10,750-square feet.
On and Off-Site Circulation:
A 14,086-square foot (approximately) paved parking lot provides parking for vehicles using this
site. Two driveways provide access to this site from Ancona A venue. The north driveway is
proposed to be twenty-four feet (24') wide and the south driveway is proposed to be twenty feet
(20') wide.
K. BUILDING DESIGN FEATURES:
Roof: Architectural shingles-Pabco roofing "Slate Stone"
Walls: Stucco - Sherwin Williams "Basket Beige" SW 6143/ Wainscot - Owen Corning Cultured
Stone "Lake Tahoe River Rock"
Windows/Doors: Aluminum - Storefront Kawneer "Medium Bronze"
FascialTrim: Wood and timbers - Sherwin Williams "Thatch Brown" SW6145
L. LANDSCAPING DESIGN: N/A
M. TRASH ENCLOSURES:
One (1) one-hundred forty (140) square foot trash/mechanical unit enclosure is located adjacent to
the north building elevation approximately eighty-five feet (85') west of the north driveway
entrance on Ancona A venue. The enclosure constructed of CMU masonry block with a stucco
finish with steel doors all of which are painted to match the color of the building.
N. MECHANICAL UNITS:
The original plans for this project showed the ground mounted mechanical units to be screened by
screen walls that were to be located on the north side of the sidewalk on the north side of the
building. During the construction of this building the contractor failed to install the required
conduit under the sidewalk to these enclosures and thus several of the ground mounted mechanical
units have been placed adjacent to the building in full view and in the middle of the sidewalk.
O. OUTDOOR LIGHTING: Existing
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE: N/A
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes
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: N/A
W. LETTERS FROM THE PUBLIC: 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-6(A)(5)(c):
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
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-7(J)(2)( c):
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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· Eagle City Code Section 8-2A-16: MODIFICATIONS:
After approval of a design review application, the applicant may request a modification(s) to
the approved development plans or conditions. Such request shall be made upon an
application form prescribed by the council and shall be determined pursuant to the standards
set forth in this article.
B. Design Review Board And City Council Action: The following modifications shall
require a recommendation of approval from the design review board and a final approval
from the city council:
1. Any change that may impact an adjoining residential neighborhood.
2. Any requests that in the opinion of the zoning administrator would significantly
alter the design of the site and/or building(s).
3. A request to change or delete a condition of approval established by the council.
C. Failure To Obtain Approval: Failure of the applicant to obtain approval of any
modifications constructed contrary to the approved design review plans may result in the
requirement to reconstruct the development to comply with the original city approved
design review plan. The city will not issue a final occupancy or accept a certificate of
completion from the licensed architect or licensed landscape architect until the issue of the
modification has been resolved.
C. DISCUSSION:
· The applicant has submitted this application requesting a modification to the building elevations to
accommodate that which was already built. While there are several elements of this building that
do not comply with the approved elevation plans, this report is only going to address a few of the
modifications made to the building with regard to gables, window placement, mullions in the
windows, and the sill under the windows.
Probably the most significant change was made to the south building elevation where double
gables were to be located at each end of the building over the east and west building entrances as
shown on Exhibit A. While the single gables constructed at each end are not unpleasant looking
(see Exhibit B), there isn't as much character and dimension to the face of the building or the
roofline as proposed with the original building elevations. The single gable, together with the
trellises being built lower at each corner, leave a large blank space at each end of the building.
The other factor that plays into the large blank areas is the storefront window configuration. The
original plan called for the storefront windows on the south elevation to be 10 Y2- feet in overall
height. It is staffs estimation that the storefront windows installed are approximately 8-feet to 9-
feet in height. All these architectural elements being constructed lower on the face of the building
provide a lot of blank space.
The windows located in the dormers on the south building elevation and the windows located on
the east and west building elevations were approved with mullions in them. None of the windows
were installed with mullions.
The stone wainscoting was approved with a stucco sill that was to continue under each window on
the east and west building elevations. The stucco sill was constructed on the east and west
building elevations terminating at the edge of each window on those building elevations.
Staff defers comment regarding the missing gables, window configuration, window mullions, and
stucco sill under the windows to the Design Review Board.
· The original plans for this project showed the ground mounted mechanical units to be screened by
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screen walls that were to be located on the north side of the sidewalk on the north side of the
building. During the construction of this building the contractor failed to install the required
conduit under the sidewalk to these enclosures and thus several of the ground mounted mechanical
units have been placed adjacent to the building in full view and in the middle of the sidewalk. The
applicant should be required to relocate the ground mounted mechanical units within the
mechanical enclosures. The ground mounted mechanical units should be relocated and completely
screened from view by the mechanical screen walls prior to the City issuing a certificate of
occupancy for this building.
· 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 August 27,2009, 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 (Whittaker absent) to approve DR-20-06 MOD for a design review
application to modify the multi-tenant flex space office building for Richard May, 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 text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. The applicant shaH be required to relocate the ground mounted mechanical units within the mechanical
enclosures. The ground mounted mechanical units shall be relocated and completely screened from
view by the mechanical screen walls prior to the City issuing a certificate of occupancy for this
building. The applicant shall meet with staff to determine a surety amount to cover the cost of
relocating the ground mounted mechanical units to the mechanical enclosures. The surety shall be
paid to the City on or before September 10,2009.
2. The windows located within the garage doors on the north side of the building shall be made obscure
to conceal the view of the insulation and wood studs located within the building. The method
proposed to conceal the view behind the windows shall be reviewed and approved by staff and two
members of the Design Review Board prior to the application of any products.
3. All roof vents protruding through the roof shall be painted to match the color of the roof prior to the
issuance of a certificate of occupancy.
4. Provide a revised elevation plan showing architectural details within the east and west gables on the
south building elevation. A trellis or similar feature shall be added over the second and fourth building
entries on the south building elevation. The revised elevation plan shall be reviewed and approved by
staff and two members of the Design Review Board prior to the City issuing a zoning certificate for
this site.
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5. The trash and mechanical enclosure gates shall be insta1led prior to the City issuing a final certificate
of occupancy for this site.
6. Provide detailed cut sheets showing the stvIe, wattage, color, size, etc. of the gooseneck light fixtures
proposed to illuminate the building wall signs. The light fixtures shall be installed per the original
elevation plan date stamped by the City on February 2, 2006. The detailed cut sheets shall be
reviewed and approved by staff and one member of the Design Review Board prior to the installation
of the light fixtures.
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 a Zoning Certificate for this site.
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
firs t.
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.
A1l 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
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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
instaUing 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.
II. 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 dweUings 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 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.
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
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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, wh ichever 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. Staffmay
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, win 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 City Council 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 shaH 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 August 27,2009.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-20-06 MOD) 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,
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concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
3. Win, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU (mixed use) zoning district.
DATED this loth day of September 2009.
ATTEST:
lQ~Q y~
~aron K~ Bergmann, Eagle City Cler
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