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Findings - CC - 2018 - DR-23-96 MOD2 - Change Of Use From Single Tenant Office To Multi-Tenant Office Including Modifications To The Exterior Building Elevations And Site LandscapingBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW FOR A CHANGE OF USE FROM SINGLE TENANT OFFICE TO MULTI -TENANT OFFICE, INCLUDING MODIFICATIONS TO THE EXTERIOR BUILDING ELEVATIONS AND SITE LANDSCAPING FOR JAMES AXELSON FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -23-96 MOD2 The above -entitled design review application came before the Eagle City Council for their action on July 24, 2018. The Eagle City Council 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: James Axelson, represented by Trey Hoff with Trey Hoff Architecture, is requesting design review approval for a change of use from a single -tenant office to a multi -tenant office. The applicant is also proposing to modify the exterior building elevations and site landscaping for the office building. The 0.33 -acre site is located on the southeast corner of the intersection of South Eagle Road and East Aikens Street at 128 South Eagle Road (Lot 1, Block 1, Schmelzer Addition). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 24, 2018. Revised materials (landscape plan and site demo and clean-up plan) were received by the City on June 19, 2018. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 29, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 6, 1997, the Planning and Zoning Commission approved a design review application for a redevelopment of an existing residential site for use as a professional office (DR -23-96). On February 27, 1997, the City approved a design review application for a new monument sign and plaza, a new 49 -square foot rash enclosure, and a new storefront facade on the north and west sides of the existing garage with an entrance and entrance cover on the Aikens Street side (DR -23-96 MOD). On April 21, 2011, the City approved a design review application for a change of exterior building color for the Eagle Acupuncture Building (DR -16-11). On June 16, 2011, the City Council approved a design review application for a master sign plan for a professional/medical office building, including signage for American Acupuncture Center (DR -18-11). E. COMPANION APPLICATIONS: DR -18-11 MOD (master sign plan modification) Page 1 of 18 K:WLtnning Ikpt1Eagk ApphcationcVM19961DR-23.96 M01)2 ()Rice Bids and IS mod cct.docn F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD (Central Business Office Building District) Proposed No Change No Change Multi -tenant Office Building North of site Downtown CBD (Central Business District) South of site Downtown CBD (Central Business District) East of site Downtown West of site Downtown CBD (Central Business District) R-4 (Residential) Single-family residence McDonalds Single-family residence Single-family residence G. DESIGN REVIEW OVERLAY DISTRICT: This property is located in the Downtown Development Area (DDA). H. EXISTING SITE CHARACTERISTICS: There is an existing 4,045 -square foot office building, parking lot, mature landscaping, sidewalk, curb, and gutter which were approved with the previous design review application (DR -23-96). I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.33 -acres (14,374 -square feet) 500 -square feet (minimum) Percentage of Site Devoted 23% (approximately) 95% (maximum) to Building Coverage Percentage of Site Devoted 30% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 11 -parking spaces total 11 -parking spaces (minimum) 8 -parking spaces (existing on site) 3 -parking spaces (on street) Front Setback 25.5 -feet (East) 0 -feet (minimum) Rear Setback 28 -feet (West) 0 -feet (minimum) Side Setback 6 -feet (North) 0 -feet (minimum) Side Setback 40 -feet (South) 0 -feet (minimum) Page 2 of 18 K:U'Ianning DcpLUiagh ApplicationADA19961DR-23-96 N101)2 (Mice 11Idg and LS mod cctdocx J. PARKING ANALYSIS: Gross Floor Area of Existing Office Building: 4,045 -square feet • Eagle City Code Section 8-4-5 requires 1 parking space per 250 -square feet gross floor area: Office, business and professional — 1/250 square feet 4,045/250 square feet = 16 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 200 -square feet gross floor area: Office, medical and dental — 1/200 square feet 4,045/200 square feet = 21 parking spaces Proposed On-site Parking Spaces: 11 parking spaces (8 -parking spaces on site, 3 -parking spaces on street) (space requirement reduced by 50% for a nonresidential use in the DDA per Eagle City Code Section 8-4-5) Required Parking Spaces: 8 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office, business and professional") or 11 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Office, medical and dental") K. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: The site consists of one office building. Height and Number of Stories of Existing Buildings: The existing building is 17 -feet tall and one story. Gross Floor Area of Existing Buildings: 4,045 -square feet. On and Off -Site Circulation: A 4,790 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 35 -foot wide driveway is located on the north property line and provides access to East Aikens Street. L. BUILDING DESIGN FEATURES: Roof: Existing fiberglass shingles (dark gray Walls: stucco (SW7102 White Flour), existing brick (SW7670 Seal Skin), aluminum cedar longboard siding (dark cherry) Windows/Doors: Aluminum (SW6990 — Dark Bronze) Fascia/Trim: aluminum gutters (SW6990 — Dark Bronze), fiber cement fascia (SW6990 — Dark Bronze), metal trim (SW6990 — Dark Bronze) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: The applicant is proposing to remove twelve (12) existing trees and retain and protect seven (7) existing trees on the site. Below is a list of all existing trees proposed to be removed or retained with their respective conditions identified within the applicant's arborist report and landscape plan, date stamped by the City on May 24, 2018. Included are respective conditions identified within a 3rd party arborist report, date stamped by the City on June 26, 2018. See discussion on page 11 for more information. Tree Specie Caliper Condition (Applicant Condition (3rd Arborist Report) Party Arborist) Spruce (Tree 7) 24" Deadwood, poor structure, Close to existing Page 3 of 18 K:\Planning Dept E glc Application.UM1996\DR-23-96 M()1)2 (Mice IIIdg and IS mod ccf.dac, Replacement Inches per ECC Approved for overcrowded, forked tops with included bark, roots causing damage to foundations, curbing and sidewalk, fair health Spruce (Tree 6) 32" Deadwood, poor structure, overcrowded, forked tops with included bark, roots causing damage to foundations, curbing and sidewalk, fair health Silver Maple (Tree 14) 42" Previously topped, close to powerlines, poor structure, deadwood, broken limbs, multi -trunked with included bark, leaning, has not been maintained/fair to poor health Pine (Tree 9) 10" Deadwood, leaning, close to powerlines, broken limbs, poor structure, bark decay, severe bore damage, overcrowded, not maintained, poor health/ Mitigation may not be required if removal is approved by the City Pine (Tree 13) 15" Deadwood, leaning, close to powerlines, broken limbs, poor structure, bark decay, severe bore damage, overcrowded, not maintained, poor health/ Mitigation may not be required if removal is approved by the City Pine (Tree 5) 20" Deadwood, leaning, close to powerlines, broken limbs, poor structure, bark decay, severe bore damage, overcrowded, not maintained, poor health/ Mitigation may not be required if removal is sidewalk/curb and may compromise them in the future. Ok to remove Removal not recommended. Limbs can be raised, and deadwood removed. If approved for removal, mitigation should be required. Removal not recommended. Good condition. If approved for removal, mitigation should be required. Tree is leaning and may fail in the future. Mitigation may not be required if removal is approved by the City Tree is leaning and may fail in the future. Mitigation may not be required if removal is approved by the City Tree located under the power lines and will conflict with lines. Mitigation may not be required if removal is approved Page 4 of 18 K:\Planning Dcptlliagle Application:ADr1199611)R-23-96 MOD2 Office Bldg and IS mod cd docx removal. See SSC No. 2 for mitigation requirements. Approved for removal. See SSC No. 2 for mitigation requirements. Retain 0 0 0 approved by the City Pine (Tree 3) 24" Deadwood, leaning, close to powerlines, broken limbs, poor structure, bark decay, severe bore damage, overcrowded, not maintained, poor health/ Mitigation may not be required if removal is approved by the City Pine (Tree 1) 23" Deadwood, leaning, close to powerlines, broken limbs, poor structure, bark decay, severe bore damage, overcrowded, not maintained, poor health/ Mitigation may not be required if removal is approved by the City Pine (Tree 2) 23" Deadwood, leaning, close to powerlines, broken limbs, poor structure, bark decay, severe bore damage, overcrowded, not maintained, poor health/ Mitigation may not be required if removal is approved by the City Ash (Tree 11) 10" Deadwood, broken limbs, poor structure with included bark, severe die -back, over- crowded, not maintained, bore and aphid damage/fair to poor health/ Mitigation may not be required if removal is approved by the City Ash (Tree 12) 10" Deadwood, broken limbs, poor structure with included bark, severe die -back, over- crowded, not maintained, bore and aphid damage/fair to poor health/ Mitigation may not be required if removal is approved by the City Norway Maple 10" - Good/Protect and Retain 15" by the City Tree located under the power lines and will conflict with lines. Mitigation may not be required if removal is approved by the City Tree located under the power lines and will conflict with lines. Mitigation may not be required if removal is approved by the City Tree located under the power lines and will conflict with lines. Mitigation may not be required if removal is approved by the City Borers present. Mitigation may not be required if removal is approved by the City Borers present. Mitigation may not be required if removal is approved by the City N/A Page 5 of 18 K:1Planning Drptl iaglc Applications.Dr119961DR-23.96 M()D2 Office Bldg and LS mod cct:docx Japanese Maple 10" Good/Protect and Retain N/A N/A 15" Beech 10" - Good/Protect and Retain N/A N/A 15" Ash 10" - Good/Protect and Retain N/A N/A 15" Flowering Pear 10" - Good/Protect and Retain N/A N/A 15" Total caliper inches of trees required to be replaced on site 24" (If Tree 7 is approved for removal) Or 98" (If Trees 6, 7, and 14 are approved for removal) Proposed Tree Mix (Species & Number): The Board approved the proposed tree mix. See site specific conditions herein for additional requirements. Street Trees: There are existing street trees along East Aikens Street and North Eagle Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: N/A N. TRASH ENCLOSURES: There is one (1) existing 80 -square foot trash enclosure located on the east side of the building that is being replaced. The new enclosure is proposed to be constructed of CMU walls finished in stucco with and metal gates; all of which will match the materials and colors used in the construction of the building. O. MECHANICAL UNITS: There are existing ground mounted mechanical units. The applicant is proposing to replace the current screen wall with a stucco screen wall to match the modifications to the building. No rooftop mechanical units are proposed, and none are approved. P. OUTDOOR LIGHTING: A site and parking lot 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. Q. SIGNAGE: No signs are proposed with this application. A separate design review application (DR -18-11 MOD) has been submitted for the approval of signs proposed on this building and on the site. Page 6 of 18 K:U'lanning Dept\Eagle Applications t)A19961DR-23.96 MOD2 (litice Bldg and IS mod ccl:docx R. 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. 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 — yes — 500 -year floodplain 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 V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report: Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Parks, Pathways, and Recreation Department Eagle Sewer District Flood Control District No. 10 Idaho Transportation Department Republic Services X. LETTERS FROM THE PUBLIC: None received to date. 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 (adopted November 14, 2017), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to Page 7 of 18 K:INlanning D eptTagle Applications'Ur 1996U)R-23-96 MO1)2 Office Bldg and LS mod ccl:docx utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code Section 8 -2A -6(B): ARCHITECTURAL REQUIREMENTS: 1. Exterior walls and soffits: k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. Metal siding is prohibited on the portion of any building facing a road. This includes sections within the front facade that may be perpendicular to the road but within the face of the building oriented toward the road. A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows that the metal is architecturally compatible with surrounding buildings; is architecturally compatible with other nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to eliminate the stark utilitarian look intended to be prevented by this subsection. In addition to the metal siding prohibition listed in this subsection B 1 k, metal siding shall be prohibited in the DDA, TDA, CEDA design review overlay district areas. • Eagle City Code Section 8 -2A -7(C): EXISTING VEGETATION: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 61/4 inches to 12 inches 2x caliper of tree removed 1.5x caliper of tree removed Page 8 of 18 K:IPlanning DeliMagic ApplicationADA19961DR-23-96 M[)D2 Office Bldg and IS mod ccliducx 121/4 inches or more 1 x caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three (3) 4 -inch caliper trees or four (4) 3 -inch caliper trees. 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. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet (6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. • Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots: 2. Minimum Requirements: 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. • Eagle City Code Section 8-2A-7(0)(3): 3. Tree Fund: Persons applying for an alternative method of compliance for relief from regulations that require all existing trees to remain on site may elect to make a financial contribution to the Eagle city tree fund in lieu of retaining all trees on site. The condition(s) which warrants the need for the tree fund alternate method of compliance shall be specified in the application submitted under subsection 02 of this section. If the application is approved, the amount to be contributed by the applicant will be based upon the total caliper inches of deciduous tree(s) removed from the site and the total vertical feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees and cost per vertical foot for coniferous trees shall be determined by resolution of the city council. The applicant shall have the right to review and consider the value determination, and following said review, to reapply for other alternative methods of compliance, without prejudice, in accordance with subsection 02 of this section. Page 9 of 18 K:U'Ianning IkpAEagk ApplicationsUM19961)R-23-96 M01)2 Office lildg and LS mod ccf.docx • Eagle City Code Section 8-4-4-2(A): Site and Building Lighting: I. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the Tamp and any nonopaque material/lens covering the Tamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to he exposed as a design element of the Tight fixture (as identified in the EASD book) are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The Tight used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct Tight downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking Tots with less than two hundred (200) spaces; b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but Tess than five hundred (500) spaces; c. Thirty feet (30') for parking lots with more than five hundred (500) spaces; d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. 7. Metal halide lighting shall be permitted with the following additional conditions: a. Light wattage shall be a maximum of three hundred twenty (320) watts. b. The light fixture shall be no higher than seventeen feet (17'). c. The design review board shall make the following findings prior to approving metal halide lighting: (1) The lighting shall be harmonious with and in accordance with the general objectives, or with any specific objective of chapter 2. article A of this title; (2) The lighting shall be installed, operated, and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and will not change the essential character of the same area; and (3) The lighting will not be disturbing to existing or future neighboring uses. d. Historic style Tight pole fixtures designed such that the portion of the fixture housing the light bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall not be permitted to have metal halide lighting. Page I0 of I K 11'lannmg I) pA1 agl. Apphnauoro11)6194611*-23 `1!. MI )I>'- (Illiar Bldg and! Smud .l duc% 8. Existing lighting, for a site which is a part of any application, shall be changed to comply with current city code. 9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting, including streetlights located within the right of way, required by this title. 10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance of a building/zoning permit. C. DISCUSSION: • The applicant is proposing to change the use of the building from a single -tenant office to a multi - tenant office. The applicant is also proposing to modify the exterior building elevations and site landscaping. The applicant's justification letter states that the proposed alterations fit well with the Craftsman and Prairie School style as identified in the EASD book. The proposed building alterations include replacing windows and entrance canopy and modifying the exterior materials including replacing the steel siding with stucco and adding cedar accents. The proposed cedar accents are an aluminum longboard material and are proposed on all four building elevations including the north and west elevations. Eagle City Code Section 8-2A-6(B)(1)(k) states that metal siding is prohibited on the portion of any building facing a road. It further states a waiver of section B 1 k on metal siding may be allowed if the metal is architecturally compatible with surrounding buildings, is architecturally compatible with other nonmetal buildings in the city, and is attractively landscaped, designed, and situated to eliminate the stark utilitarian look intended to be prevented by this subsection. Staff defers comment regarding the metal siding on the portions of the building facing a roadway to the Design Review Board. • The applicant is proposing to remove twelve (12) existing trees on the site. The arborist report, date stamped by the City on May 24, 2018, states that the trees proposed to be removed are in fair to poor condition. On June 21, 2018, Staff completed a site inspection of the existing trees. Upon completion of the site inspection, Staff requested a 3' party arborist review of the existing trees. The 3`d party arborist report, date stamped by the City on June 26, 2018, recommends the retention of an existing Blue Spruce and Silver Maple tree (Trees 6 and 14). There is an additional Blue Spruce tree that is in fair/good condition, however, both arborists agree it may be appropriate to remove. If removed, since it is in fair/good condition mitigation should be considered. Staff recommends consideration of the following: Retain the Blue Spruce and Silver Maples Trees (Trees 6 and 14). If the Design Review Board approves removal of the Blue Spruce (Tree 7 — 24" DBH) the required mitigation should be 24 caliper inches (equivalent to 12, 2" caliper trees) to be planted on the site or the applicant may elect to provide a contribution to the tree fund in the amount of $4,200 (12 trees x $250 per tree) If the Design Review Board approves the removal of all trees as proposed by the applicant (Trees 6, 7 and 14), the required mitigation should be 98 caliper inches (equivalent to 49, 2" caliper trees) to be planted on the site or the applicant may elect to provide a contribution to the tree fund in the amount of $17,150 (49 trees x $350 per tree). • The landscape plan identifies one (1) Skyrocket Juniper proposed to screen the trash enclosure on the north and south elevations. The trash enclosure is eight -feet wide and one (1) Skyrocket Juniper will not adequately screen the trash enclosure. The applicant should be required to provide a revise landscape plan showing additional plant material to screen the trash enclosure. The revised landscape plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 11 of 18 K:M anning Dcpt'Eagk ApplicationsU)A19961DR-23-96 MOD2 Office Bldg and LS mod ccl:docx • The applicant did not provide any building or site lighting cut sheets nor show any lighting on the building elevations. If any building or site lighting is proposed, the applicant should be required to provide cut sheets of all proposed building and site lighting and provide a photometric plan identifying the locations of the proposed lighting. The cut sheets and photometric plan should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Staff defers comment regarding building modifications and landscaping 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, however, staff does not recommend approval of removal of two (2) of the existing trees that are proposed to be removed. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 28, 2018, at which time the Board made their decision. B. Oral testimony in opposition to the application was presented to the Design Review Board by no one. C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DELIBERATION: (Granicus time 56:29) Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board is in favor of the metal siding proposed on the building due to the durability and architectural interest it provides to the building. • The Board will require a materials sample board showing all materials and colors proposed on the building prior to the issuance of a zoning certificate to assure the materials and colors are aesthetically pleasing, durable, and will enhance the character of the area. • The Board recommends retaining the Silver Maple tree (Tree 14) and removing the two Blue Spruce trees (Trees 6 and 7). The Board initially wanted to see the Blue Spruce tree 6 retained; however, they recognized that the canopies of the Blue Spruce trees 6 and 7 have grown into each other and the removal of the Blue Spruce tree 7 would leave half of the Blue Spruce tree 6 with no foliage and the trunk of the trees exposed. Additionally, the Board's decision for the removal of both Blue Spruce trees (Trees 6 and 7) is based on the conflict with the location the tree roots in relation to the walkway and ADA ramp. BOARD DECISION: The Board voted 3 to 0 (Baer, Brasher, Grubb, and Schafer absent) to recommend approval of DR -23-96 MOD2 for a design review application for a change of use from a single -tenant office to a multi -tenant office for James Axelson, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated July 12, 2018. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 24, 2018, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. Page 12 of 18 K:Wlanning Ueptlliagk ApplicatinnsAI)AI9961)R-23-96 MOD2 (JI'tice 111dg and IS mud ccf.do.n C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -23-96 MOD2 for a design review application for a change of use from a single -tenant office to a multi -tenant office for James Axelson, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of DR -23-96. 2. Provide a revised landscape plan showing the retention of the Silver Maple tree (Tree 14) and the removal of the two Blue Spruce trees (Trees 6 and 7). The revised landscape plan shall show the addition of four, three-inch caliper, Class II deciduous trees to be planted along the western portion of the site and south of the building. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 3. Provide a revised landscape plan showing additional plant material to screen the trash enclosure. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide cut sheets of all proposed building and site lighting and provide a photometric plan identifying the locations of the proposed lighting. The cut sheets and photometric plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 5. A building permit shall be issued within one year of issuance of a zoning certificate. 6. A certificate of completion shall be issued within one year of the issuance of a building permit. herein. 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 10. No signs are proposed with this application and none are approved. 11. The use of aluminum metal siding facing roadways is approved. 12. Provide material samples showing the types of materials, colors, textures of the materials, etc. to be used on the building. The material samples shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 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. Page 13 of 18 K:1Planning Dept\ agle Applications1Dr\I9961DR-23-96 MOD2 Office Bldg and LS mod ccI docx 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 and 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 Page 14 of 18 K:11'lanning 1hpt'.Eaglc ApplicationsU)A199611)R-23-96 MOD2 Ofticc Bldg and LS mod ccf.do x 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 issuance of any 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 be 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. Page 15 of 18 K:11'1anning Deptlliagle Applications1Dr119961DR-23-96 MOD2 Office Bldg and IS mod ccr.docz 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 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 Council reviewed the particular facts and circumstances of this proposed design review application (DR -23-96 MOD2) 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. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and building and landscaping modifications are permitted with the approval of a design review application within the CBD (Central Business District) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed building and landscape modifications are designed to complement the general vicinity; Page 16 of 18 K:1Planning L cptlliagle Applications\Dr119961DR-23-96 MOD2 (Mice Bldg and LS mod ccLdocx C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the modifications to the building elevations have been design with quality materials and similar features utilized in the area, complies with the architectural identified in the EASD book, and will enhance the character of the area. E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings; since the modifications to the building have been designed with quality materials and features utilized on other building in the area and are in conformance with the architectural style of the EASD Book; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial area; and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the building, and will not cover nor detract from desirable architectural features. 3. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code Section 8-2A-6(B)(1)(k), "Exterior walls and soffits: Metal" and has concluded that the proposed design review: A. The Council approves the use of metal siding as an architectural accent. The metal siding includes concealed fasteners and is a high-quality material. The use of the proposed metal siding on the street facing facades will provide an appropriate street view as conditioned herein. 4. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code Section 8 -2A -7(C), "Existing Vegetation:" and has concluded that the proposed design review: A. The Council approves the removal of two, Blue Spruce trees (Trees 6 and 7) and retaining the Silver Maple tree (Tree 14). The canopies of trees 6 and 7 have grown into each other and removing only tree 7 would leave half of tree 6 with no foliage and the trunk of the tree exposed. In addition, the Council approves the required mitigation for trees 6 and 7 with the addition of four, three-inch caliper deciduous trees on the site (based on the 3rd party arborist recommendation to add four additional trees to the site) and no additional mitigation will be required. Page 17 of 18 K:V'lanning IkptlEagk Applications1DA19961DR-23-96 MOD2 Office Bldg and 1 -ti mod ccr.docx DATED this 2411' day of July 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: ,11-\ _ Sharon K. 13ergmann, Eagle City9Clerk so ov Elk G4 •. •• ¢e�xAjf.: .� *_ ;� F. * • SE.:0 .4... • .TTE .10F Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 1 8 o 1 8 K 1Planning 1 k•pllp.egk Apphc.iuondl )(19')MI )K-21.96 N10112 ( )Mice Bldg end 1 ti mod ect dncc