Findings - CC - 2010 - DR-04-07 MOD - Modify Site Plan For A Multi-Tenant Office Building In Winding Creek Subd^, BEFORE THE EAGLE CITY COUNCIL
IN THE MA Y' it al OF AN APPLICATION FORA )
DESIGN REVIEW TO MODIFY THE SITE PLAN FOR )
A MULTI -TENANT OFFICE BUILDING VV II mg )
WINDING CREEK SUBDIVISION FOR GALE POOLEY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -04-07 MOD
The above -entitled design review application came before the Eagle City Council for their decision on
June 8, 2010. The 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:
Gale Pooley, represented by Shawn Nickel with SLN Planning, is requesting design review
approval to modify the approved site plan for his 1,872 -square foot multi -tenant office building.
The 0.18 -acre site is located on the south side of East Winding Creek Drive approximately 430 -
feet west of Hill Road at 979 East Winding Creek Drive.
B. APPLICATION SUBMITTAL:
^, The City of Eagle received the application for this item on March 9, 2010.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 17, 2010, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 16, 2004, the Eagle City Council approved a design review application for the common
area landscaping within Winding Creek PUD (DR -08-04).
On June 22, 2004, the Eagle City Council approved a final development plan and final plat
application for Winding Creek PUD (FPUD-03-04 & FP -05-04).
On May 22, 2007, the Eagle City Council approved a design review application for a multi -tenant
office building (DR -04-07).
On May 22, 2007, the Eagle City Council approved a design review sign application for a master
sign plan for a multi -tenant office building (DR -05-07).
E. COMPANION APPLICATIONS: None
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,01%, F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Mixed Use
No Change
Mixed Use
Mixed Use
Mixed Use
Mixed Use
ZONING
DESIGNATION
MU -P (Mixed Use PUD)
No Change
MU -P (Mixed Use PUD)
MU -P (Mixed Use PUD)
MU -P (Mixed Use PUD)
MU -P (Mixed Use PUD)
LAND USE
Multi -tenant Office Building
No Change
East Winding Creek
Drive/Residential Dwellings
Vacant Lot
Drive Aisle/Office Building
Office Building
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site has been improved with a building, landscaping, and parking spaces.
I. SITE DESIGN INFORMATION:
Site Data
Total Acreage of Site
Existing
7,979 -square feet (0.18 -acres)
Percentage of Site Devoted to 23% (approximately)
Building Coverage
Percentage of Site Devoted to 37% (approximately)
Landscaping
Number of Parking Spaces 7 -parking spaces
Front Setback 35 -feet (south)
Rear Setback 10 -feet (north)
Side Setback 10 -feet (west)
Side Setback 19 -feet (east)
Required
7,000 -square feet (0.16 -acres)
(minimum)
50% (maximum)
10% (minimum)
7 -parking spaces (minimum)
10 -feet (minimum per the PUD)
10 -feet (minimum per the PUD)
7.5 -feet (minimum per the PUD)
7.5 -feet (minimum per the PUD)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: One building used as a multi -tenant office building.
Height and Number of Stories of Existing Building: 25' 10"; one story.
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Gross Floor Area of Existing Building: 1,872 -square feet.
On and Off -Site Circulation:
A 2,304 -square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24 -foot wide drive aisle (13 -foot wide driveway) is located south of the seven (7)
parking spaces associated with this site and provides access to a paved 24 -foot wide drive aisle to
the east and west of this site.
K. BUILDING DESIGN FEATURES:
Roof: 30 year Certain Teed Landmark Mountain Timber
Walls: Hardiplank lap siding (Boothbay Blue), Hardiplank staggered edge panel (cobble stone),
Rough River High Desert ledgestone
Windows/Doors: Vinyl windows (Country Lane Red), Metal doors with glass
Fascia/Trim: 6" raise band (Monterey Taupe)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees on this site. No
trees are to be removed from the site with the proposed modification.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): Reviewed by the Design Review Board.
Street Trees: The developer of Winding Creek Subdivision installed the street trees along East
Winding Creek Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation has been installed.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has not been installed on the south, east, or west property
lines of the parking lot because this site is integrated with the properties to the
south, east, and west providing cross access between parcels.
b. Interior Landscaping: 0% interior landscaping is required, 9% is installed.
M. TRASH ENCLOSURES:
One 100 -square foot trash enclosure is located along the west side of the site approximately 150 -
feet southwest of the driveway on East Winding Creek Drive. The enclosure is constructed of
CMU walls with metal gates.
N. MECHANICAL UNITS:
Ground mounted mechanical units are Located on the west side of the building. The ground
mounted mechanical units are screened with landscaping.
O. OUTDOOR LIGHTING:
Exterior building lighting was reviewed and approved by the Zoning Administrator with the
approval of the previous application (DR -04-07).
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P. SIGNAGE:
On May 22, 2007, the Eagle City Council approved a design review sign application for a master
sign plan for this multi-tenant office building (DR-05-07).
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Central District Health Department had been received by the
City. A water service approval was received prior to the issuance of the building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Central District Health — No objections to the proposed modifications.
Chevron Pipeline — No conflict with the Chevron Pipe Line with the proposed modification.
Department of Environmental Quality — No issues within their regulatory authority with the
proposed modification.
Idaho Transportation Department — No comment with regard to the proposed modification.
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED V i i r u I THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Commercial.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-17: RESTRICTIONS ON OTHER REQUIRED DOCUMENTS:
A. Building/Zoning Permits: The zoning administrator shall not issue a building/zoning permit
to any applicant from within the design review overlay district until the design review
application has been specifically approved in writing by the zoning administrator or design
review board and is in full compliance with this code.
• Eagle City Code Section 8-2A-19: INSPECTION:
A. When Required: For any development that is the subject of a design review application, the
zoning administrator shall cause an inspection of the development to be performed to verify
that the development has been completed in accordance with the specifications set forth in this
title.
C. Certificate Of Occupancy: The building inspector shall not issue a final certificate of
occupancy to the applicant until all of the requirements of the design review applications, as
approved by the design review board, have been complied with.
• Eagle City Code Section 8-4-3: DESIGN AND MAINTENANCE:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted.
B. Drainage: AH parking and loading areas shall provide for proper drainage of surface water
to prevent the drainage of such water onto adjacent properties or walkways. Drainage plans
shall be reviewed and approved by the city engineer and, for any site abutting a public street,
such plans shall be reviewed and approved by the Ada County highway district, or highway
district having jurisdiction.
C. Access: Access driveways for parking areas or loading spaces shall be located in such a
way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or
motorist approaching the access or driveway from a public or private street.
D. Maintenance: The owner of property used for parking and/or loading shall maintain such
area in good condition without holes and free of all dust, trash and other debris.
• Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and
Requirements:
F. Off Street Parking Design And Dimension Tables:
STANDARD VEHICLES
Parking angle 90°
Width of parking space 9 feet
{
Curb length per space 9 feet : s
Length of parking space
(measurement to be perpendicular from the curb or front of space if no curb is provided) 19 feet
Width of driveway aisle 24 feet
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, C. DISCUSSION:
• The applicant is requesting approval of the site improvements as depicted on the revised site plan
date stamped by the City on March 9, 2010. Specifically, the applicant is seeking approval to use a
thirteen (13) foot wide drive aisle (as measured by staff) to gain access to the site's seven (7)
parking spaces instead of a twenty four (24) foot wide drive aisle. The site plan also shows the
patio area under the trellis to be removed and replaced with grass on the north side of the building.
STAFF RECOMMT;NDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
design review application since the parking lot drive aisle does not comply with Eagle City Code
(shown to be a maximum of thirteen (13) feet (as measured by staff) in width on the site plan date
stamped by the City on March 9, 2010).
If the applicant were to submit a revised site plan showing the required twenty four (24) foot wide
drive aisle then a recommendation of approval could be achieved.
.
0004,
rOEN
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on April 8, 2010.
The Board continued the application to the April 22, 2010, Design Review Board meeting, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 4 to 1 (Butler against, Barnes and Whittaker absent) to deny DR -04-07 MOD for
a design review application to modify the approved site plan to allow the use of a thirteen (13) foot
wide paved drive aisle (as measured by staff) instead of the required twenty four (24) foot wide
drive aisle to gain access to the site's seven (7) parking spaces. The Board requests that the City
Council, in making their decision, consider that utilities are not stubbed to the adjacent property
located to the south of the subject site.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting was held on the application before the Eagle City Council on June 8, 2010, at which time
the Council made their decision.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal 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 -04-07 MOD for a design review application to modify the
approved site plan to allow the use of a twenty four (24) foot wide drive aisle (thirteen (13) foot of
which is paved) to access the site's seven (7) parking spaces for a multi -tenant office building for
Gale Pooley.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 9, 2010.
2. Requests for agencies' reviews were transmitted on March 17, 2010, in accordance with the
requirements of the Eagle City Code.
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3. The Council reviewed the particular facts and circumstances of this proposed design review
application (DR -04-07 MOD) with regard to the Eagle City Code Title 8, and based upon the
information provided with the conditions required herein, concludes that the proposed design review
application upon build -out of the adjacent property will be in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. The Council further concludes that as a MU -P zoned property (mixed use with PUD) the initial
developer depicted a shared drive aisle for the property, which was dedicated on the plat. The drive
aisle, however, was not paved initially by the developer but was paved piecemeal as each property
developed. All but one property has now developed; the property directly across from Applicant. The
Applicant's requested modification allowing him to pave only that portion of the drive aisle that is
located on his own property is deemed in compliance with Eagle City Code. The Applicant shall not
be required to obtain a variance because, at such time as that property develops, the full twenty-four
foot paved drive aisle will be provided. Thus, while ECC 8-4-4-2 and 8-4-3 respectively require a
twenty-four foot paved drive aisle, the City Council deems this to be a requirement of the PUD itself;
of which each individual lot owner is responsible for that portion that is located on its lot. This is
atypical. The granting of this modification merely reflects the rather unique circumstance in this
instance where the initial infrastructure, a shared paved drive aisle, was not installed prior to final plat,
recordation, lot marketability, and finally issuance of building permits and occupancy permits.
DATED this 22"d day of June 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Michael Huffaker, Actifig or/ ouricil President
EA (i,
...e....
ATTEST: •
'v.
)IK (.1_,-9.....62. _ V ._..0.-A--t-a : : c... al'' :
-- Sharon K. Bergmann, Eag e City C erk : * 5., E'`,'
.,.
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