Findings - DR - 2002 - DR-45-02 - Convert Residence Into Office And Construct Two Story Addition For Office And Residence At 148 N 2Nd St
ORIGINAL
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO CONVERT A RESIDENCE
INTO AN OFFICE AND TO CONSTRUCT A TWO
STORY ADDITION FOR OFFICE AND RESIDENCE
FOR YESTERDAY PROPERTIES LLC
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)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-45-02
The above-entitled design review application came before the Eagle Design Review Board for their
action on August 8, 2002. The Eagle 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 Mark Butler with Land Consultants Inc., is requesting
design review approval to remodel an existing 775-square foot residence into an office and to
construct a 1,839-square foot two story addition (9l4-square foot first floor and 925-square foot
second floor) for office with a residence located on the second floor. The site is located on the
east side of 2nd Street approximately 150-feet north of State Street at 148 North 2nd Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 3, 2002.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on July 24, 2002. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with
the requirements of Eagle City Code on July 19, 2002. Requests for agencies' reviews were
transmitted on July 9, 2002 in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Residence
District)
Proposed No Change No Change Office with Residence
North ofsite Central Business District CBD (Central Business Residential Home
District)
South of site Central Business District CBD (Central Business Office Building
District)
East of site Central Business District CBD (Central Business City Hall and Community
District) Center
West of site Central Business District CBD (Central Business 2nd Street/Parking Lot
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (Transitional
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 8l7-square foot residence on this site
with five existing trees.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.15-acres (6,528-square feet) 0.0 I-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 30% (approximately) 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to 30% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 9-parking spaces *9-parking spaces (minimum)
Front Setback 5-feet (west) lO-feet (minimum)
25-feet (maximum)
Rear Setback 52-feet (east) O-feet (minimum)
Side Setback 10-feet (north) 10-feet (maximum)
Side Setback 9-feet (south) 10-feet (maximum)
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* Note: One required parking space located on the adjacent street may be credited toward the guest
parking requirement.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an office with a residence on
the second floor.
Height and Number of Stories of Proposed Buildings: 27- feet, two stories.
Gross Floor Area of Proposed Buildings: 2,656-square feet
On and Off-Site Circulation:
A 2,840-square foot (approx.) paved parking lot provides parking for vehicles using this site.
One 20-foot wide driveway is proposed to be located on the south side of this site adjacent to the
east property line providing access to the vacated alley abutting the south property line of this
site which provides access to 2nd Street.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Shingles (Black)
Walls: Lap siding (Botany Beige), Brick wainscot (Sedona Blue)
Windows/Doors: Vinyl Windows with grids (Pure White), Metal Doors with glass panels with
grids (Dark Quest)
Fascia/Trim: Hardboard (Fascia - Dark Quest; Trim - Pure White)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are five (5) existing trees on this
site. The applicant is proposing to retain three (3) of the five (5) trees on this site. The two (2)
trees that are proposed to be removed from this site are black locust trees that per the arborist
report are severely infested and decayed and should be removed from the site.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to retain the fifty six inch (56") willow tree and twenty
inch (20") catalpa tree that are located approximately 5-feet east of the proposed curb and gutter
on 2nd Street. These two trees have very large canopies and therefore street trees have not been
proposed along 2nd Street with this application.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
A 5-foot wide landscape strip has been proposed between the proposed parking
lot and the north property line. A 17 Y2-foot wide landscape strip has been
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proposed between the parking lot and the alley to the south with the exception of
the compact parking space which provides 2 Y2-feet between the parking lot and
the alley to the south. No perimeter landscaping has been proposed on the east
property line.
b. Interior Landscaping: 0% interior landscaping is required. 0% is proposed.
M. TRASH ENCLOSURES:
The applicant is proposing to use the existing trash enclosure that was constructed with the
parking lot improvements for the development to the south of this site.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units to be located on the north
side of the building. Per the application, the ground mounted mechanical units are proposed to
be screened with landscaping and fencing. The fencing to be used to screen the ground mounted
mechanical units has not been specified with this application nor has it been shown on the
submitted elevation plans.
O. OUTDOOR LIGHTING:
The applicant has submitted a picture of the proposed light fixture to be used on this office and
residential building. A site and parking lot light plan showing light distribution, location, height,
and wattage is required to be reviewed and approved by the Design Review Board prior to
issuance of any building pennits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have 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 pennit.
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
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Unique Plant Life - no
Unstable Soils - no
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 attached. Comments, which
appear to be of special concern, are noted below:
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
United Water Company
W. LETTERS FROM THE PUBLIC:
Letter from Linda Jarsky (certified arborist) dated July 22,2002.
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:
.
Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a "store-front" 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.
.
Section 8-2A-6(C)(2)(h)
Building Entries: Building entries facing a street shall be recessed a minimum of four feet
(4'). Exceptions may be permitted if another building entry design feature can meet the intent
of this requirement and is approved by the Design Review Committee and the Planning and
Zoning Commission.
.
Section 8-2A-6(C)(3)(a)
Front building setbacks from the property line shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
.
Section 8-2A-6(C)(5)
Landscaping And Streetscape: All landscaping shall comply with the landscape guidelines
contained in the Design Review Guidelines Booklet as set forth in Section 8-2A-12 of this
Article. Applicant shall provide urban streetscape treatment with ten foot (10') wide
sidewalks, with curbs and gutters and bulb-outs at all intersections excluding Eagle Road.
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Streetscape improvements will include: street trees, pedestrian lighting, and furnishings. A
modified streetscape may be approved where appropriate by utilizing eight foot (8') wide
sidewalks plus a ten foot (10') wide park strip with street trees, pedestrian lights and lawn.
Furnishings shall be used sparingly in the public right of way in this District and may include
benches, planters, and waste receptacles, located primarily at intersections. Private
development is encouraged to provide additional furnishings within the required setbacks.
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.
Section 8-l-2(E)
PAD MOUNTED MECHANICALS: All mechanical and electrical equipment mounted on
the ground, including, but not limited to, transformers, compressors, generators, and other
equipment to establish a controlled interior environment. All pad mounted mechanicals shall
be screened from view.
.
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 C 1 of this Section.
.
Section 8-2A- 7(E)(7)
All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing
material.
.
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.
.
Section 8-4-4-2(A)( 1)
Any parking area which is intended to be used during nondaylight hours shall be illuminated.
.
Section 8-4-4-2(A)(2)
Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
.
Section 8-4-4-2(F)
Off-Street Parking Design And Dimension Tables:
STANDARD VEHICLES
90°
9 feet
9 feet
Parking angle
Width of parking space
Curb length per space
Length of parking space
(measurement to be perpendicular
from the curb or front of space if no
curb is provided)
19 feet
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Width of driveway aisle
Section 8-4-4-2(H)
24 feet
Reduction For Planter Overhangs: When a parking space abuts a landscape planter, the front
two feet (2') of the required length for a parking space may overhang the planter.
Section 8-4-4-3: JOINT/COLLECTIVE PARKING FACILITIES:
.
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand fÌ"om the uses shall not coincide so that the
peak demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1 A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and
copies thereof filed with the zoning administrator prior to issuance of a building/zoning
permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The
agreement shall include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those
originally approved upon findings by the city council that adequate parking to serve
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the uses has not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city
in an effort to assure compliance with this title.
.
Section 8-4-4-3(A)(7)
The Zoning Administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20%) of the sum of the number of spaces required
for each use only if the provisions of this Chapter have been met. The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of
the sum of the number required for each use served unless a conditional use is approved by
the City Council.
.
Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
RESIDENTIAL
Apartments or multi-family dwellings
For each unit with 2 or more bedrooms - 2
including 1 covered; for each 1 bedroom or
studio unit - 1.5 including 1 covered. 0.25
spaces per unit shall be provided for guest park-
ing. Adjacent on-street parking spaces on a local
street may be credited toward the guest parking
requirement
COMMERCIAL
Offices, business and professional
1 per 250 sq. ft. of gross floor area
C. DISCUSSION:
.
The west elevation of the existing structure has two windows and a door that the applicant is
proposing to retain. The west elevation of the proposed addition shows three (3) windows on the
first floor and two windows on the second floor. The entire west building elevation (existing and
proposed) has twenty two percent (22%) glass on the first floor. The west building elevation
second floor has twenty one percent (21%) glass proposed. Per Eagle City Code, all buildings
within the TDA (Transitional Development Area) are required to include a "store-front" on the
ground floor consisting ofa minimum of fifty percent (50%) glass. Floors above the main floor
are required to have a minimum of twenty five (25%) glass. The applicant should be required to
provide a revised plan of the west building elevation showing the first floor has a minimum of
fifty percent (50%) glass and the second floor has a minimum of twenty five (25%) glass. The
revised building elevation should be reviewed and approved by the Design Review Board prior
to issuance of a building permit.
The applicant is proposing to use the existing door on the west elevation as an entrance to one of
the office spaces on the first floor. Per Eagle City Code, building entries facing a street are
required to be recessed a minimum of four feet (4 '). The applicant should be required to provide
a revised building elevation showing the entry door on the west elevation is recessed a minimum
of four feet (4') or covered by an awning. The revised building elevation should be reviewed
and approved by the Design Review Board prior to issuance of a building permit.
.
.
The existing building is located five feet (5') from the west (front) property line. Per Eagle City
Code, front building setbacks from the property line are required to be a minimum of ten feet
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(10') to a maximum of twenty five feet (25'). Per Eagle City Code, in order to foster
rehabilitation of older districts and comply with unforeseen future needs of the overlay district,
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. The location of this building is nestled in an area that maybe considered unique
due to the proximity to the downtown and to Heritage Park located less than two hundred feet
(200') to the south. The City Council determined, on similar applications, that the Design
Review Ordinance regarding setbacks was to apply to new structures and additions, and that it
was not the intent of the City to require existing structures to be rebuilt to meet the setback
requirements. Per past action of the City Council, setbacks for existing structures have been
waived in order to maintain the distinctive look of the downtown of Eagle. The Design Review
Board should determine if the required setbacks should be required with the conversion of this
structure from a residence to an office with residential use.
The applicant is proposing to construct a five foot (5') wide concrete sidewalk in alignment with
the existing sidewalk to the south. The existing sidewalk to the south is ten feet (10') wide with
street trees with grates and historic light fixtures. The applicant has not proposed to install any
street trees with grates, pedestrian lighting, or furnishings along 2nd Street abutting this site. Per
Eagle City Code, the applicant is required to provide an urban streetscape with ten foot (10')
wide sidewalks, with street trees, pedestrian lighting, and furnishings. It is staffs opinion that
because the applicant is proposing to retain the large catalpa and willow trees located adjacent to
2nd Street that the applicant not be required to provide street trees at this time. However, the
applicant should be required to provide the required ten foot (10') wide sidewalk abutting the
entire site. In order to obtain the entire ten foot (10') wide sidewalk the applicant may be
required to place brick pavers in the drip line of these trees that allow water to penetrate to the
roots. The applicant should be required to provide a revised landscape plan showing a minimum
ten foot (10') wide sidewalk abutting the entire frontage of this development. The type and color
of brick pavers used within the drip line of the two mature trees should be reviewed and
approved by staff and one member of the Design Review Board prior to issuance of a building
permit.
The applicant should be required to install historic light fixtures on 2nd Street abutting this site.
The location of the historic light fixtures should be coordinated with existing light fixtures to the
south. Per Eagle City Code, the distance required between street lights is one hundred feet
(100'). The applicant should be required to provide a revised site plan showing historic light
fixtures spaced a maximum of one hundred feet (100') on center and coordinated with the
existing light fixtures to the south along 2nd Street. The revised site plan should be reviewed and
approved by staff prior to issuance of a building permit.
The applicant should be required to provide pedestrian furnishings along 2nd Street abutting the
site. The pedestrian furnishings and location should be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a building permit.
.
Per Eagle City Code, all roof vents protruding through the roof and similar features are required
to be painted to match the color of the roof. The applicant should be required to paint all roof
vents and similar features protruding through the roof a color to match the color of the roof.
The applicant states within the application that the ground mounted mechanical units are
proposed to be screened with a screen wall and landscaping. The fence material has not been
specified within the application nor on the submitted plans. Per Eagle City Code, ground
mounted mechanical units are required to be completely screened from view. The applicant
should be required to provide detailed elevations showing the design, height, and material of the
.
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proposed fence to screen the ground mounted mechanical units. The design, height, and
materials should be reviewed and approved by staff and one member of the Design Review
Board prior to issuance of a building permit.
The applicant is proposing to retain three (3) of the five (5) existing trees on this site. All the
trees on this site have been reviewed by a certified arborist. The arborist agrees with the
applicant to remove the two black locust trees from this site because the are severely infested and
decayed. The arborist report indicates that the catalpa, willow, and silver maple trees should also
be removed from this site due to severe deficits in structural integrity because the trees have been
topped. Staff defers comment regarding replacement caliper inches to be placed on site or a
monetary value to be paid to the City Tree Fund to the Design Review Board.
The applicant should be required to provide a plan showing construction fencing around the
existing trees (a minimum of 10-feet from the trunk of the tree or at the drip line ofthe tree
whichever is closest) to prevent any damage within the drip line of the trees. The construction
fencing should be installed prior to issuance of a building permit. A cup or a dam should be built
within the drip line of each tree in order to retain water and the trees should be watered on a
regular basis. No construction activity whatsoever should take place within the drip line of the
trees.
.
The landscape plan does not indicate if an approved curbing material is proposed around all the
landscape areas that are adjacent to vehicular areas. Per Eagle City Code, all landscaped areas
adjacent to vehicular areas are to be protected with an approved curbing material. The applicant
should be required to provide a revised landscape plan indicating that an approved curbing
material is proposed around all landscape areas that are adjacent to vehicular areas. The revised
landscape plan should be reviewed and approved by staff prior to issuance of a building permit.
The applicant has provided a five foot (5') wide landscape strip between the north property line
and the parking lot. No landscape strip has been provided between the east property line and the
parking lot. Per Eagle City Code, a minimum five foot (5') wide perimeter landscape strip
between the property lines and the parking lot is required to be planted with one shade tree and
five (5) shrubs per thirty five (35) linear feet of perimeter. The applicant has submitted an
alternate method of compliance application with this design review application. The alternate
method of compliance application states that due to existing trees and the applicant trying to
meet the minimum lot coverage requirement of Eagle City Code that they are unable to provide a
five foot (5') wide landscape strip between the east property line and the parking lot. The
applicant would like to proposed that the required perimeter landscape strip be completed when
the future parking lot on the City property develops. The applicant states that they would be
willing to provide a surety to the City for the construction of the five foot (5') wide landscape
strip to be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35)
linear feet of perimeter. The applicant should be required to provide a revised landscape plan
that shows a minimum of five feet (5') between the parking lot and the east property line planted
with a minimum of one shade trees and five (5) shrubs per thirty five (35) linear feet of
perimeter. The revised landscape plan should be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a building permit.
The applicant has provided pictures of the proposed light fixtures to be used on this building,
however, the location, wattage, and type of luminare has not been specified anywhere on the
plans or within the application. The applicant should be required to provide a revised site plan
and building elevations showing the location of the proposed light fixtures. There is an existing
residence located abutting the north property line of this site. The applicant should be required
to use light fixtures that reflect the light away from the adjoining property. Detailed cut sheets
.
.
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showing the wattage, type of luminarie, and light distribution should be provided. The revised
site plan, building elevations, and cut sheets should be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a building permit.
The applicant has provided a covered parking space for the residence as required by Eagle City
Code under the proposed residential deck area. If this covered parking space was reduced in
length from nineteen feet (19') to seventeen feet (17') (as permitted by Eagle City Code when a
parking space abuts a landscape planter) that would only leave a twenty foot (20') wide drive
aisle behind this parking space. Per Eagle City Code, a twenty four foot (24') wide drive aisle is
required for 90° parking. Staff is concerned about the location of this parking space in relation
to the concrete stoop and asphalt pedestrian ramp proposed at the back entry door (east
elevation). It would appear that there is a conflict with vehicular traffic and pedestrian traffic
and there is no back-up area. The applicant should be required to provide a revised site plan
showing how the concrete stoop and asphalt pedestrian ramp do not conflict with the drive aisle
in the parking lot (possibly add an extruded curb to separate the two) and provide adequate back-
up area for the covered parking space. The revised site plan should be reviewed and approved by
staff and one member of the Design Review Board prior to issuance of a building permit.
The applicant has submitted an alternate method of compliance application requesting that the
required parking for this development be reduced by twenty percent (20%) as permitted in Eagle
City Code. Per Eagle City Code, the Zoning Administrator may permit a maximum reduction in
the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the
number of spaces required for each use. The required number of parking spaces required with
this application is as follows:
Two bedroom apartment = 2-parking spaces (including one covered) = 2-parking spaces
Guest parking = .25-parking spaces (may be located on adjacent street)= .25-parking spaces
.
Office = I-parking space per 250-square feet (1, 73 I-square feet) = 6.924-parking spaces
Total parking spaces required = 9.17 - 10-parking spaces
The number of parking spaces required for this site totals ten (10) parking spaces of which one
may be located on the adjacent street (per Eagle City Code), therefore, the required on-site
parking for this site is nine (9) parking spaces. The site plan indicates that only seven (7)
parking spaces are proposed to be constructed with the development of this site. Two (2)
additional parking spaces are required on this site to meet Eagle City Code. The applicant
should be required to provide one of the following:
.
Two (2) additional parking spaces on-site,
Reduce the overall square footage of the building, or
.
.
Enter into a joint parking agreement with an adjoining lot owner.
.
A revised site plan or documentation showing completion of one of the above listed methods
should be reviewed and approved by the Design Review Board prior to submitting for a building
permit.
The applicant indicates within the application that no trash enclosure is proposed to be
constructed on this site, however they are proposing to use the trash enclosure that was
constructed with the parking lot improvements for the development to the south of this site. The
applicant should be required to enter into a recorded agreement with the development to the
south to allow this site to use the trash enclosure. The recorded agreement should be reviewed
and approved by staff prior to issuance of a building permit.
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The applicant indicates on the site plan that the existing open ditch located parallel to 2nd Street
on the west side ofthe catalpa and willow trees is to remain open. It is staffs opinion that this
small open ditch should be tiled and landscaped with sod. The applicant should be required to
provide a revised landscape plan showing the ditch that is parallel to 2nd Street is tiled and
landscaped with sod. The revised landscape plan should be reviewed and approved by staff prior
to issuance of a building permit. The applicant should be required to work with the appropriate
ditch company to acquire the necessary permits to complete the tiling of this ditch.
A two bedroom apartment has been proposed on the second floor of this development. Per Eagle
City Code, a residence in the Central Business District requires a conditional use. However, the
applicant has submitted a zoning ordinance amendment application to the City to allow
apartments to be on any floor except for the ground floor. City Council approval of the zoning
ordinance amendment (ZOA-3-02) is required.
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 HEARING OF THE BOARD:
A. A public hearing on the application was held before the Design Review Board on August 8, 2002, at
which time testimony was taken and the public hearing was closed. The Board continued the
application to the September 12, 2002, Design Review Board meeting. The Board made their
decision at that time.
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).
BOARD DECISION:
The Board voted 4 to 0 (Murray, McCullough, and Stanger absent) to approve DR-45-02 for a
design review application to convert a residence into an office with a two story addition for
office and residence 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. City Council approval of ZOA-03-02 is required.
2. The revised buildin¡: elevations. date stamped by the City on September 5. 2002. are approved.
However. the applicant shall be required to lower the two (2) windows on the west elevation of the
existin¡: buildin¡: to provide for more ~Iazing. A vertical slider window shall be installed within the
two (2) windows on the west elevation of the existin¡: building to match the proposed windows in the
new addition. Provide a revised plan efthe west building elevation showing the first floor has a
minimum of fifty percent (50%) glass and the see end floor has a minim1:lfR oftwenty five (25%)
glass. The revised building ele','ation should be reviewed and approved by the Design Review Board
prior to issuance of a building permit.
J-. Previde a revised building ele'lation showing the entry door on the 'Nest ele','ation is recessed a
minimum of fol:1f feet (1') er covered by aÐ. a'.vning. The revised bail ding ele','atioH should be
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reviev.ed and approved by the Design Revievi Boai"d prior to issuanøe of a building permit.
4. The revised site and landscape plans. date stamped by the City on September 5. 2002. showin~ the
sidewalk ei~ht feet (8') and five feet (5') wide where it meanders around the base of the existin~
trees on 2nd Street are approved. Provide a revÜ;ed landsøape plan sho'liing a minimum ten foot (10')
wide side\valk abütting the entire frontage of this development. The tYfle and color ofbrielc payers
used '.vithin the drip line of the two matlH"e trees shall be reviewed and approved by staff and one
member of the Design Review Board prior to issuance of a building permit.
5. Provide a revised site plan showing historic light fixtures spaced a maximum of seventy five feet
ill}.one lIDndred f.eet (100') on center and coordinated with the existing light fixtures to the south
along 2nd Street. The revised site plan shall be reviewed and approved by staff prior to issuance of a
building permit.
6. Provide two benches pedestrian furnisHings along 2nd Street abutting the site. The benches pedestrian
furnishings and location shall be reviewed and approved by staff and one member of tHe Design
Review Board prior to issuance of a certificate of occupancy building permit.
7. All roof vents protruding through the roof and similar features shall be painted to match the color of
the roof. The applicant shall be required to paint all roof vents and similar features protruding
through the roof a color to match the color of the roof.
&-. Provide detailed eleyatioRs showing the design, height, and material of tHe proposed fence to søreen
the ground moooted meøhaniøal units. The design, height, and materials shall be re'/ie'.ved and
approved by staff and ORe member of the Design Revie'.v Board prior to issuanøe of a building
permit.
9. A plan showing construction fencing around the existing trees (a minimum of lO-feet from the trunk
of the tree or at the drip line of the tree whichever is closest) to prevent any damage within the drip
line of the trees shall be submitted to the City. The construction fencing shall be installed prior to
issuance of a building permit. A cup or a dam shall be built within the drip line of each tree in order
to retain water and the trees shall be watered on a regular basis. No construction activity whatsoever
shall take place within the drip line of the trees.
10. Provide a revised landscape plan indicating that an approved curbing material is proposed around all
landscape areas that are adjacent to vehicular areas. The revised landscape plan shall be reviewed
and approved by staff prior to issuance of a building permit.
11. The a,pplicant shall be required to work with the City reiardin~ the required five foot (5') wide
landscape strip that is required on this site between the parkin~ lot and the east property line. The
applicant shall be required to pProvide a surety in the amount $1.875.00 to the City for the required
landscape buffer that is required on this site's east property line. The five foot (5') wide landscape
improvements shall be permitted to be located on the City's property and incorporated into
improvements on the City's property. re'iÏsed landscape plan that sho'.vs a minimüm of five feet (5')
between the parking lot aRè the east property liRe planted '-'lith a miniml:lm of one shade trees and
five (5) shrubs per thirty five (35) liRear feet of perimeter. The revised laRdsøape plan sHall be
re'¡iewed and appro':ed by staff and one member of tHe Design Reyiew Board prior to issuanøe of a
building permit.
12. Provide light fixtures that reflect the light away from the adjoining property. Detailed cut sheets
showing the wattage, type of luminare and light distribution shall be provided. The revised site plan,
building elevations, and cut sheets shall be reviewed and approved by staff and one member of the
Design Review Board prior to issuance of a building permit.
+J-.Provide a revised site plan showing how the øonerete stoop and asphalt pedestrian ramp do not
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øonfliøt "lith the driye aisle in tH@ parking lot (possibly add aÐ. extrudeà øurb to separate the ty:o) and
pro'lid@ adequate baek up area for tHe eoyereà parking spaee. The re'lÌsed site plan shall be reyie'.ved
and appro'led by staff and one member ef the Desiga Reyiew Yoard prior to issuanøe of a building
permit.
-l4-. The appliøant shall be required to provide one ef the f.ollowiflg:
.... Two (2) aàditional parking spaces on site,
.... Reduoe the o'/@rall square footage of the building, or
.... Enter iflto a jOiflt parking agreement 'Nith an adjoining lot owner.
i'~ revised site plan or docum@ntation showing completion of Ofl@ of the above listed methods shall be
reviewed and approved by the Design Reyiew Board prior to soomitting for a building permit.
15. Enter into a recorded agreement with the development to the south to allow this site to use the trash
enclosure. The recorded agreement shall be reviewed and approved by staff prior to issuance of a
building permit.
16. Provide a revised landscape plan showing the ditch that is parallel to 2nd Street is tiled and
landscaped with sod. The revised landscape plan shall be reviewed and approved by staff prior to
issuance of a building permit. The applicant shall be required to work with the appropriate ditch
company to acquire the necessary permits to complete the tiling of this ditch.
17. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
18. The applicant shall be required to comply with any applicable conditions placed on this application
by the City Engineer.
19. Submit payment to the City for arborist fees incurred for reviewing this project prior to issuance of a
building permit.
~No signs are proposed witH tHis applieation. A separate desiga review application is required f.or the
approval of any signs.
21. All electrical and telephone service lines shall be installed underwound. The utility poles and
overhead power and phone lines shall be removed and installed underwound prior to issuance of a
certificate of occupancy for this buildin~.
22. No siWls are proposed with this application. A separate desi~ review application is required for the
approval of any siWlS.
23. A decorative six foot (6') hillh wood fence proposed alon~ the north property line is approved. The
materials and style of the wood fence shall be reviewed and approved by staff and one member of the
Desi~ Review Board prior to the City acceptin~ a buildin~ permit for this site. A section of the
fence shall be tem,porarily offset to avoid the structure that is in dispute on the property line until this
dispute is settled between the two property owners.
24. The four corners of this property shall be clearly pinned and marked by a certified surveyor prior to
submittinll for a buildinll permit. The four corners shall be pinned and marked at all times until
issuance of a certificate of occtWancy.
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
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jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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.
All design and calculations shall meet the requirem~nts 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. 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.
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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.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for 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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
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Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. 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/or the Planning and Zoning Commission
for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved priQr to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject ofthis
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.
23. 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 Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 3, 2002.
2. Notice of Public Hearing on the application for the Eagle Design Review Board was published in
accordance with Eagle City Code on July 24, 2002. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Eagle City Code on July 19,2002. Requests for agencies' reviews were transmitted
on July 9, 2002 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-45-02) 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
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herein, concludes that the proposed design review application is in accordance with the Eagle City
Code and the Eagle Comprehensive Plan.
4. The Design Review Board supports the selection of a wood fence on the north property line of this
site because it is a more appropriate material for this project, which is craftsman style architecture. It
is the Board's opinion that a vinyl fence in this location would not complement the craftsman style
architecture existing and proposed with this project.
5. The Design Review Board supports the design and layout of this development and considers it a
great example of blending commercial and residential development in the downtown area of the city.
DATED this 10th day of October 2002.
ATTEST:
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- Sharon 'K. Moore, Eagle City CI rk
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