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Findings - DR - 2003 - DR-43-03 - Mod The Existing Building Elevation For Eagle Manor Apartment Building BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO MODIFY THE EXISTING BUILDING ELEVATIONS FOR THE EAGLE MANOR APARTMENT BUILDING FOR JIM TOMLINSON ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-43-03 The above-entitled design review application came before the Eagle Design Review Board for their action on September 11, 2003. 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: Jim Tomlinson, represented by Ray Crowder with Crowder Associates Architects, is requesting design review approval to modify the existing building elevations of the Eagle Manor Apartment Building. The modifications include the installation of dormers, and installing a higher roof over the two stair towers. The site is located on the northeast corner of Cedar Ridge Road and 2nd Street at 276 Cedar Ridge Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 5, 2003. C. NOTICE OF AGENCIES REVIEW: Requests for agencies' reviews were transmitted on August 13, 2003 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 26,2003, the Eagle City Council approved a conditional use permit (CU-6-03) to allow the non-conforming status of the existing apartment building to continue, and a height exception to construct dormers, and stair tower roofing to a height of 42-feet. E. COMPANION APPLICATIONS: CU-6-03 (conditional use permit for a height exception and allowing the non-conforming status of the existing apartment building to continue) Page 1 of 11 K:\Planning DeptlEagle Applications\DrI2003\DR-43-03 dtf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business Eagle Manor Apartment District) Building Proposed No Change No Change No Change North of site Central Business District CBD (Central Business Single-family residence District) and future extension of Plaza Drive South of site Central Business District CBD-DA (Central Business Cedar Ridge Road & Eagle District with Development Forum professional offices Agreement) East of site Central Business District CBD (Central Business Vacant District) West of site Central Business District CBD-DA (Central Business Albertsons grocery store District with Development Agreement) G, DESIGN REVIEW OVERLAY DISTRICT: This site is located within the CEDA (Community Entry Development Area). H. EXISTING SITE CHARACTERISTICS: This site has previously been improved with a senior community apartment building with associated landscaping and parking lot. Page 2 of 11 K:\Planning DeptlEagle Applications\DrI2003\DR-43-03 dtf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.83-acres (80,228-square feet) 0.0 I-acres (500-square feet) (minimum) Percentage of Site Devoted to 16.6% (approximately) 20% minimum & 85% Building Coverage maximum in the CEDA Percentage of Site Devoted to 51 % (approximately) 15% (minimum) Landscaping Number of Parking Spaces 49-parking spaces 70-parking spaces (minimum) Front Setback 118-feet (south) 20-feet (minimum) in the CEDA Rear Setback 40-feet (north) O-feet Side Setback 40-feet (east) lO-feet (minimum) in the CEDA Side Setback 93-feet (west) lO-feet (minimum) in the CEDA J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: No new building is to be constructed; only general aesthetic modifications to the building are proposed. Height and Number of Stories of Proposed Buildings: The existing building is three-stories tall with a current height of thirty four-feet, ten-inches (34' - 10") as measured from the foundation to the top the of the two stairway towers. The proposed improvements include the addition of a dormer to the top of each stairway tower, for a total height of forty two-feet, (42'). Gross Floor Area of Proposed Buildings: The existing building consists of 35,853-square-feet. On and Off-Site Circulation: A 22,215-square foot (approximately) paved parking lot provides parking for vehicles using this site, accessed by two driveways. One 24-foot wide driveway is located on the south side of this site on Cedar Ridge Road, approximately 35-feet east of 2nd Street. A second 24-foot wide driveway accessing Cedar Ridge Road is located approximately 243-feet east of 2nd Street. K. BUILDING DESIGN FEATURES: Roof: Flat roof (no change) Walls: Concrete, masonry & wood (no change) Windows/Doors: Aluminum (no change) Fasciaffrim: New mansard roof - standing seam metal roof (light green) Page 3 of 11 K:\Planning DeptlEagle Applicacions\DrI2003\DR-43-03 dtf.doc L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are several existing trees on this site that the applicant is proposing to retain. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: There are nine (9) existing ash trees located on Cedar Ridge Drive that are to be retained. There are no street trees existing or proposed along 2nd Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation exists, Transition Zones: N/ A Parking Lot Landscaping: Existing landscaping to remain M. TRASH ENCLOSURES: Existing - no change N. MECHANICAL UNITS: Existing roof top mechanical units to remain and be screened from view by the new mansard roof. O. OUTDOOR LIGHTING: Existing - no change P. SIGNAGE: Existing - no change Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Eagle Fire Department and 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 permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE PEA TURES: Areas of Critical Environmental Concern - yes -located within the Boise River Floodplain Evidence of Erosion - no Fish Habitat - no Floodplain - 100 year - Boise River Floodplain Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Page 4 of 11 K:\PIanning DepclEagle Applications\Drl2003\DR-43-03 dtf.doc Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): While this site is located within the Boise River Floodplain, an environmental assessment plan is not required. Based upon the determination of the City Floodplain Coordinator, this application for a façade enhancement does not require the site to comply with the requirements of Title 10 Flood Control. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Division of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company W, 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: Central Business District Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public, quasi-public, cultural, 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. Land within this district requires a CBD zoning designation upon any rezone. B. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The apartment building shall be limited to a maximum height of forty two-feet (42'), as measured from the average grade elevation surrounding the building to the peak of the dormer roof. No portion of the stairway dormers or mansard roof shall be used for storage space, or for any occupancy. . With the approval to continue the nonconforming use, the Design Review Board may recommend site improvements to the City Council regarding items including but not limited to, landscaping, building facade colors and materials, and streetscape. . While the Commission (as noted within their Findings of Fact and Conclusions of Law document, dated July 28, 2003) recommended to the Design Review Board that the installation of metal roofing on the building be discouraged, the City Council did not specifically address this item. Page 5 of 11 K:\Planning DeptlEagle ApplicationslDrl2003\DR-43-03 drf.doc C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) D. DISCUSSION: . The applicant has received approval of a conditional use permit from the Eagle City Council for a height exception to construct dormers and stair tower roofing to a height of 42-feet and to allow the non-conforming status of the existing apartment building to continue. The Eagle City Council recognized that the exterior remodeling of this building does not intensify the use of this facility and determined that certain site deficiencies (including lot coverage, the three storey building height and parking) to remain until such time that the site is redeveloped to change the use. However, as noted within the findings of fact and conclusions of law for the conditional use application, it is acknowledged that the Design Review Board may recommend site improvements to the City Council regarding items including but not limited to, landscaping, building façade colors and materials, and streetscape. The Design Review Board should determine if any additional site improvements should be completed with the exterior remodeling of this building. . The applicant has proposed an addition to the apartment building by raising the existing mansard roof from thirty-two feet (32') to thirty-five feet (35'), and adding two dormers to be located atop the existing mansard roof, raising the height on this portion of the building to an overall height of forty-two feet (42'). In addition, dormers will be added to the two stairway towers (one each located on the east and west elevations), raising the height from thirty-five feet (35') to forty-two feet (42'). The overall height of the building would be seven-feet (7') higher than the thirty-five foot (35') maximum allowed in the Central Business District. As noted in the applicant's letter date stamped by the City on August 5,2003, the purpose of the height exception is provide visual amenities to update the outside appearance of the building, commensurate to the recent construction of buildings in the surrounding area, While the City appreciates that applicant's willingness to update the outside appearance of the existing building, there is concern regarding the building and how the proposed dormers appear from the east and west elevations. The applicant should be required to provide revised elevations of the building showing the dormers in better proportion to the building when viewed from the east and west building elevations. The revised building elevations should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. . Staff defers comment regarding building design and colors to the Design Review Board. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting was held on the application before the Design Review Board on September 11, 2003, 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), Page 6 of 11 K:\Planning DeptlEagle Applications\DrI2003\DR-43-03 dtf.doc BOARD DECISION: The Board voted 5 to 0 (Barnes and Bowen absent) to approve DR-43-03 for a design review application to modify the existing building elevations of the Eagle Manor Apartment Building for Jim Tomlinson 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. The DesigR Review Hoare shall determi8e if ¡my additi08al site improvemeBts shall be eompleted with the exterior remodeli8g of this büildiBg melüdi8g but 80t limited to, laBdscapiBg, b1:lildiBg façade colors aAd materials, aBd streetseape. 2. Pro'áde revised e]evatioas of the b1:lildi8g showiag the dormers i8 better proportioB to the b1:lildiBg wheB viev..ed from the east aBd west B1:lildi8g ele'¡atioBs. The revised B1:lildiBg elevations shall be fCvievæd aBd appf-Ðved BY the DesigB Revie",v Hoard prior to the City aeeeptiBg a b1:lildiBg permit for this site. 3. A building permit is required prior to the construction of any site improvements. 4, Provide revised elevation plans showing that the standing seam metal roof will have concealed fasteners, The revised elevation plans shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 5. 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 further from the truck)) to prevent any damage to the tree within the drip line of the trees shall be submitted to the City. The construction fencing shall be installed prior to commencing any site work. A cup or 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 activity whatsoever shall take place within the drip line of the trees. 6. Provide revised elevations of the building showing the dormers in better proportion and connected to the building when viewed from the east and west building elevations. The revised building elevations shall be reviewed and approved by the Design Review Board prior to the City issuing a zoning certificate for this site, 7. The colors to be used on the building as indicated on the color board date stamped by the City on August 5, 2003, are approved. 8. No additional site improvements (i.e.: landscaping, streetscape, parking, etc.) are required with this application based upon the conditional user permit (CU-6-03) approved by the City Council on August 26,2003. 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 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 Page 7 of 11 K:\Planning DeptlEagle ApplicationslDrl2003\DR-43-03 dtf.doc Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs fIrst. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs fIrst. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs fIrst. 9, Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 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 Page 8 of 11 K:\Planning DeptlEagle Applicntions\Drl2003\DR-43-03 dtf.doc 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 flfe 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 flISt. 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 flISt. 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 Certificate of Occupancy, whichever occurs flfSt. 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 Page 9 of 11 K:\Planning DeptlEagle ApplicationslDrl2003\DR-43-03 dtf.doc 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 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. 23. 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. 24. 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 August 5, 2003. 2. Requests for agencies' reviews were transmitted on August 13, 2003 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-43-03) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 4. The Board recognizes that the modifications being made to the exterior of this building are entirely esthetic. Therefore, the Board has determined that no additional site improvements (i.e.: landscaping, streetscape, parking, etc.) are required with this application. Page 10 of 11 K:\Planning DeptlEagle Applicacions\Drl2003\DR-43-03 dtf.doc DATED this 25th day of September 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE A7~£ Eric R. McCullough, Chairman ATTEST: 1~~~\L~ -Sharon k. Moore, Eagle City Cle k ""'11",,, "~I '" ~......" OF EA. G' "#, ~ "'..¡,. ."c~~. '.(;j.,'41 , :'" ..." .., "."..v' "- If v.. r j' C "./j l' ". -- II. <:"" ~ : : :*: .. .- . . 5 * : ."<;:::: \ ... . . '.,'.;;:l : .... """,~" .... ú', ' "'..,' "<,' ¡ ""'-',, ",).,?--", ## " ., , ~.. ##11' ,," ~..~ .."'" ...."" Page 11 of 11 K:\Planning DeptlEagle Applicacions\Drl2003\DR-43-03 dtfdoc