Findings - DR - 2015 - DR-23-15 - Convert A Residence Into An Office BuildingBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONVERT A
RESIDENCE INTO AN OFFICE BUILDING
FOR YESTERDAY PROPERTIES, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -23 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on August 27, 2015. 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:
Yesterday Properties, LLC, represented by Shawn Nickel, is requesting design review approval to
convert an existing 1,176- square foot residence into an office building and a 416 - square foot garage
into a storage building. The 0.14 -acre site is located on the west side of North Eagle Road
approximately 150 -feet north of Idaho Street at 203 North Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 25, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 16, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 23, 2015, the Eagle City Council approved a rezone application to rezone the property
from R -4 (Residential) to CBD -DA (Central Business District with development agreement) (RZ-
02-15).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing 1,176- square foot building and a 416 - square foot garage. The northern twenty
five feet (25') of the property has a five foot (5') wide separated sidewalk with a five foot (5') wide
streetscape area adjacent to Eagle Road.
I. SITE DESIGN INFORMATION:
Site Data
COMP PLAN
DESIGNATION
ZONING
DESIGNATION
LAND USE
Existing
Downtown
R-4 (Residential)
Single - family residence
(converted to an office)
Proposed
No Change
CBD (Central Business District)
Commercial (Office)
North of site
Downtown
CBD (Central Business District)
Commercial (Daycare)
South of site
Downtown
R -4 (Residential)
Single - family residence
East of site
Downtown
R-4 (Residential)
Single - family residence
West of site
Downtown
R4 (Residential)
Single - family residence
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There is an existing 1,176- square foot building and a 416 - square foot garage. The northern twenty
five feet (25') of the property has a five foot (5') wide separated sidewalk with a five foot (5') wide
streetscape area adjacent to Eagle Road.
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
0.14 -acres (6,100 - square feet)
0.01 -acres (500- square feet)
(minimum)
Percentage of Site Devoted to
Building Coverage
22% (approximately)
92% (maximum)
Percentage of Site Devoted to
Landscaping
75% (approximately)
10% (minimum)
Number of Parking Spaces
0- parking spaces on site
5- parking spaces **
Front Setback
27.5 -feet (east)*
0 -feet
Rear Setback
42 -feet (west)*
0 -feet
Side Setback
5 -feet (north)*
0 -feet
Side Setback
2 -feet (south)*
0 -feet
*Note: Setbacks measure from property line to closest building.
* *Note: Parking based on 1,176 -SF /250 (office) and 430 -SF /1,000 (storage).
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: Two buildings; one to be used for office and the other for
storage.
Height and Number of Stories of Existing Buildings:
Office building — 20 -feet in height (approximately); one story with basement.
Storage building — 15 -feet in height (approximately); one story.
Gross Floor Area of Existing Buildings:
Office building — First Floor — 936 - square feet; Basement — 240- square feet
Storage building — 430 - square feet
On and Off -Site Circulation:
An existing 10 -foot wide gravel driveway is located on the south side of the existing building,
leading to the storage building located southwest of the office building. This gravel driveway is to
be used for loading only. No parking is to occur on this site.
K. BUILDING DESIGN FEATURES:
Roof: Composition shingle (dessert tan)
Walls: Horizontal siding (canyon view and swiss coffee)
Windows/Doors: Wood door (dark walnut), windows (white)
Fascia/Trim: Trim (swiss coffee)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are a couple trees located on this site
that are to be protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There is an existing maple tree located within the landscape strip adjacent to Eagle
Road.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: N/A
M. TRASH ENCLOSURES:
The applicant is proposing to use a tote for trash collection on this site. The tote is to be stored
behind the fence near the southwest corner of the building or within the storage building. The
tote will be placed on Eagle Road on trash collection days.
N. MECHANICAL UNITS:
A ground mounted mechanical unit is located on the north side of the building. The applicant is
proposing to install landscaping on the east side of the unit in order to screen the unit from Eagle
Road.
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O. OUTDOOR LIGHTING:
A site light plan showing location, height, and wattage is required to be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application.
the approval of any signs.
A separate design review application is required for
Q. PUBLIC SERVICES 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 - yes
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. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Settlers Irrigation District
W. LETTERS FROM THE PUBLIC: None received to date.
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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)(6)(g)(3)
Roof - mounted mechanicals 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(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance
with subsection Cl of this section.
• Eagle City Code Section 8- 2A- 7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3 ") caliper, balled and
burlapped.
C. DISCUSSION:
The applicant seeks approval of one 2,854- square foot multi- tenant office building to house
Barclay Construction and up to two undetermined future tenants. The building has been designed
to follow the Craftsman style architecture. The architecture and colors of this building match the
two (2) existing office buildings located to the east of this site. The exterior of the building will
consist of cottage lap siding, board and batten siding, and shingle siding with stucco columns
around the entry doors. The pitch of the roof is low with exposed timbers located within the
gables.
• 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 to consider the application was held before the Design Review Board on August 27, 2015,
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).
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BOARD DECISION:
The Board voted 4 to 0 (Brasher, Martin, and Hash absent) to approve DR -23 -15 for a design
review application to convert a residence into an office building for Yesterday Properties, LLC,
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:
1. Comply with any applicable conditions of RZ- 02 -15.
2. Locate the overhead power to the building underground prior to the completion of any future
renovations or additions to the building or new buildings being constructed on site *e the issuanee of
building pemnit, eet4 f eat° of eeeupaney, whichever occurs first.
3. Provide landscaping on the north side of the ground mounted mechanical unit located on the north
side of the building. The revised landscape plan shall be reviewed and approved by staff prior to the
issuance of a zoning certificate, building permit, or certificate of occupancy, whichever occurs first.
4. A design review application shall be submitted for review and approval by the Design Review Board
for any future building expansion or new building to be located in the "Future Development Area"
located on the western portion of the site.
5. No parking is to occur on this site. The driveway is to be utilized for the storage building for loading
and unloading only. Upon redevelopment of the site, the driveway and access to Eagle Road shall be
removed.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application. A separate design review application is required prior to
any signs being installed on this site.
10. Provide a revised landscape plan showing landscaping to be located on the south side of the building_
The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
11. The cross access agreement required between this site and the site to north shall include cross
access /usace of the trash enclosure located on the property located at 223 North Eagle Road
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.
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4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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
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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
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
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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).
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 June 25, 2015.
2. Requests for agencies' reviews were transmitted on July 16, 2015, 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- 23 -15) 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 CBD -DA (central business district with development agreement) zoning district.
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DATED this 10`' day of September 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
. .......
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r-
Robert
ATTEST:
Sharon . Bergmann, Eagle City C rk
.o' .� OF ♦♦
PORq�
SEAL
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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