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Findings - DR - 2011 - DR-33-11 MOD - Change The Use From Multi-Tenant Retail/Office To Multi-Tenant Retail BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CHANGE THE USE FROM ) MULTI-TENANT RETAIL/OFFICE TO MULTI- ) TENANT RETAIL FOR OLD TOWN I,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-33-08 MOD The above-entitled design review application came before the Eagle Design Review Board for their consideration on August 11, 2011. 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: Old Town I, LLC, represented by Don Knickrehm with Givens Pursley LLP, is requesting design review approval to change the use of a 2,450-square foot multi-tenant retail/office building to multi-tenant retail. The 0.16-acre site is located on the north side of East State Street approximately 100-feet west of 2'd Street at 164 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on July 19, 2011. C. NOTICE OF AGENCIES' REVIEW:N/A D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 8, 2008, the Eagle City Council approved a design review application to change the use from a church to a multi-tenant retail/office building(DR-33-08). E. COMPANION APPLICATIONS:None Pagel of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD(Central Business Multi-tenant Retail/Office District) Building Proposed No Change No Change Multi-tenant Retail Building North of site Central Business District CBD(Central Business Residential dwelling District) South of site Public/Semi-Public CBD(Central Business Heritage Park District) East of site Central Business District CBD(Central Business Restaurant(Subway) District) West of site Central Business District CBD(Central Business Office(ABC Seamless District) Siding) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Downtown Development Area(DDA). H. EXISTING SITE CHARACTERISTICS: There is an existing 2,450-square foot building located on this site that has been used as a multi-tenant retail/office. Page 2 of 10 K.\Planning Dept\Eagle Applications\Dr\2008\DR-33-O8 MOD Butler Multi-ten Retail Bldg drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 7,000-square feet(0.16-acres) 500-square feet(0.01-acers) (minimum) Percentage of Site Devoted to 43% (approximately) 40% (minimum) * Building Coverage 95% (maximum) * Percentage of Site Devoted to 42% (approximately) 10%(minimum) Landscaping Number of Parking Spaces 6-parking spaces 5-parking spaces (minimum) Front Setback 14-feet(south) 0-feet(minimum) * 10-feet(maximum) * Rear Setback 34-feet(north) 0-feet(minimum) Side Setback 5-feet(west) 0-feet(minimum) * Side Setback 12-feet(east) 0-feet(minimum) * *Note: Setback and lot coverage required when located within the DDA overlay district. J. PARKING ANALYSIS: PROPOSED RETAIL BUILDING(2,450-square feet) Retail: 2,450-square feet • ECC Section 8-4-5 requires 1-parking space per 250-square feet of gross floor area for "Retail Sales"uses (in the DDA and TDA 1-parking space per 500-square feet of gross floor area shall be required for any such use and on-street parking shall be included in the minimum requirement): 2,450± 500= 5-parking spaces required 4-parking spaces provided on site 2-parking spaces provided in front of the building on East State Street K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One existing building to be used as multi-tenant retail. Height and Number of Stories of Proposed Buildings: 24' high; one story. Gross Floor Area of Existing Building: 2,450-square feet existing with approximately 575-square feet of deck area. On and Off-Site Circulation: A 960-square foot (approximately) paved parking lot provides parking for vehicles using this site. A 16-foot wide alley provides access to the parking lot located north of the building. Page 3 of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drf doc L. BUILDING DESIGN FEATURES: Existing, no change. M. LANDSCAPING DESIGN: Existing, no change. N. TRASH ENCLOSURES: One 42-square foot trash enclosure is located at the northeast corner of the site and is access from the alley. The enclosure is constructed of Split Face CMU Block with black metal gates. O. MECHANICAL UNITS: Existing ground mounted mechanical units are screened with landscaping. P. OUTDOOR LIGHTING: Existing, no change. Q. SIGNAGE: There is a master sign plan for any proposed signage on this building(DR-34-08). R. PUBLIC SERVICES AVAILABLE: Existing, no change. S. PUBLIC USES PROPOSED:None T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists U. 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 V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):Not required W. AGENCY RESPONSES:N/A X. LETTERS FROM THE PUBLIC:None received to date. Page 4 of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-O8 MOD Butler Multi-ten Retail Bldg dddoc 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 Central Business District. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-3 If any provision of this article is found to be in conflict with any other provision of any zoning, building, fire safety or health ordinance or other provision of this code,the provision which establishes the higher and/or more restrictive design standard shall prevail. However, in order to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay districts,the city council may, at their discretion, suspend or relax some or all requirements found in this code, if the city council determines a particular site, setting, or use to be of historical significance. • Eagle City Code Section 8-2A-6(C)(2)(f) Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum of fifty percent(50%) glass. Floors above the main floor shall have a minimum of twenty five percent(25%) glass. The front of any building is the facade that fronts upon any street. • Eagle City Code Section 8-2A-6(C)(3) a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a maximum of ten feet(10'). b. Side building setbacks shall be zero feet(0') so as to tie into adjoining structures • Eagle City Code Section 8-2A-6(C)(4)Parking: b. Provide on street parking along State Street, 1st Street, 2nd Street, Idaho Street, Park Road and Aikens Road. • Eagle City Code Section 8-2A-7(K)(3)(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 8-4-5 Parking: Retail sales not listed under another 1 per 250 square feet of gross floor area use classification In the DDA and TDA 1 per 500 square feet of gross floor area shall be required for any such use and on-street parking shall be included in the minimum requirement. • Eagle City Code Section 8-4-4-5 Within the central business district, as defined by the city of Eagle comprehensive plan,the required number of parking spaces may be met by a cash in lieu payment to the city prior to issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The fee shall be for the city to provide public off street parking in the vicinity of the use,the maximum distance of which shall not exceed the maximum distance permitted by this title. Page 5 of 10 K:\Planning Depl\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drfdoc The fee shall be five thousand seven hundred dollars($5,700.00)per space, or such sum as may be adopted by resolution of the city council. In addition to the above fee the owner shall be required to pay an annual per space maintenance fee as shall be determined by resolution of the city council. The city shall not provide more than twenty(20) spaces for any single use without the specific approval of the city council. When considering in lieu payments the city may set limitations on the number of spaces for which an in lieu fee may be tendered. All in lieu funds received for reduction of parking spaces under this section shall be placed into a special and separate parking improvement and acquisition account to be used solely for the purchase and improvement of municipal parking lots and structures to be located within the central business district, as defined by the city of Eagle comprehensive plan, and may be for use by the general public. C. DISCUSSION: • On July 8, 2008, the Eagle City Council approved a design review application to change the use of this building from a church to a multi-tenant retail/office building. There were a few sections of Eagle City Code that the site was not incompliance with regarding the side setbacks, percentage of glass, and landscape buffers; however,the site was considered to be of historic significant and thus the Council approved the site as proposed. • Ten(10)parking spaces were required to be constructed with the change of use from church to retail/office. The site was able to accommodate only four(4) of the required parking spaces on- site. The applicant and the City entered into a parking agreement where the applicant provided the City of Eagle $34,200.00 for the six(6)remaining parking spaces. On July 12, 2011, the Eagle City Council adopted an ordinance to modify the required parking in the DDA and TDA overlay districts which was published July 18, 2011. Ordinance 661, modified the parking requirements for retail uses in the DDA and TDA overlay districts to require 1-parking space per 500-square feet of gross floor area and permitted on-street parking to be included in the minimum required parking calculation. The applicant has submitted a design review application to change the use of the 2,450-square foot building from retail/office to retail. No modifications are proposed to be made to the exterior of the building or the site. With the parking requirements, as modified in Ordinance 661, the applicant is required to provide a total of 5-parking spaces. The applicant is providing a total of 6-parking spaces (4-parking spaces on-site north of the building which are accessed from the east/west alley and 2-parking spaces on East State Street adjacent to the site). The applicant is also requesting the parking in lieu payment of$34,200.00 be returned and the parking agreement be terminated since the six(6) parking spaces are no longer required by Eagle City Code for retail use and the money has not been spent by the City to construct said parking spaces. 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 to consider the application was held before the Design Review Board on August 1 l, 2011, 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 Page 6 of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drfdoc including the applicant/representative). BOARD DECISION: The Board voted 2 to 0 (Grubb, Pascua, Hull, Comstock absent; Butler abstained)to approve DR- 33-08 for a design review application to change the use from multi-tenant retail/office to retail for Old Town I, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of DR-33-08, except as modified herein. 2. The site plan, date stamped by the City on July 19, 2011, showing 4-on-site parking spaces and 2-on- street parking spaces is approved. 3. No signs are proposed with this application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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 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. Page 7 of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Mulri-ten Retail Bldg drf.doc 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. 11. 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. 12. 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. 13. 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 Page 8 of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drf.doc 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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:\Planning Dept\Bagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drf doc 26. 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. 27. 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 July 19, 2011. 2. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-33-08 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, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the CBD (central business district)zoning district. DATED this 11th day of August 2011. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada Cou ,Idaho ...,,,,....,,••• EA 4 ' • oil A to Eric R. Mc u— llough, Chairman d. Sc po•,: o ATTEST: pT•Pli40Sv„ p�• gTEO (5-Stitt.)--j -7-0\zk. Shan-.J -Bcigmarm,Eagle-City-C'lerk (7 Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 10 of 10 K:\Planning Dept\Eagle Applications\Dr\2008\DR-33-08 MOD Butler Multi-ten Retail Bldg drf doc