Findings - DR - 2008 - DR-23-08 - Change Of Use From Residential Dwelling Unit To An Art Studio
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A CHANGE OF USE )
FROM A RESIDENTIAL DWELLING UNIT TO AN )
ART STUDIO FOR JASON AND MELLISA BRODT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-23-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 8, 2008. The Design Review Board having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Jason and Melissa Brodt are requesting design review approval to change the use from a
residential dwelling unit to an art studio. The 0.16-acre site is located on the west side of Eagle
Road approximately 550-feet south of State Street at 179 South Eagle Road.
B. APPLICATION SUB MITT AL:
The City of Eagle received the application for this item on April 3, 2008.
e. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 9, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None of record
The previous owner of the property performed some renovations to the existing single-family
dwelling, including a new fa<;:ade and site cleanup. Since the site is located in a residential
district, no design review application was submitted.
E. COMPANION APPLICATIONS:
Design Review application for one (1) wall sign for "The Art of Framing" (DR-24-08).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District R-4 (Residential- up to four Single-family dwelling
dwelling units per acre)
Proposed No Change CBD-DA (Central Business Retail (art gallery and
District with development framing store)
agreement)
North of site Central Business District R-4 (Residential- up to four Single-family dwelling
dwelling units per acre)
South of site Central Business District CBD-DA (Central Business Commercial-Office (J Bar K
District with development & Associates)
agreement)
East of site Central Business District CBD-DA (Central Business Eagle Road, restaurant
District with development w/drive thru (McDonalds)
agreement)
West of site Central Business District R-4 (Residential - up to four Single-family
dwelling units per acre) dwelling/agriculture
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the Transitional Development Area
(TDA).
H. EXISTING SITE CHARACTERISTICS:
A 1,040-square foot residential structure currently exists on the site. A twelve foot (12') wide
drive aisle extends from Eagle Road along the south property line to an unpaved parking lot at the
rear (west side) of the structure. Mature vegetation, including trees and shrubs exist on the site.
Spoil Banks Canal is located adjacent to the western portion of the property.
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I. SITE DESIGN INFORMA nON:
Site Data Proposed Required
Total Acreage of Site 0.16-acres (7,000-square feet) O.OI-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 14.5% (approximately) 20% (minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 36.5% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 5-parking spaces 5-parking spaces (minimum)
Front Setback 25-feet (east) (approximately) 10-feet (minimum)*
25-feet (maximum)*
Rear Setback 64-feet (west) (approximately) O-feet (minimum)
Side Setback 4-feet (north) (approximately) O-feet (minimum)*
10-feet (maximum)*
Side Setback 13-feet (south) (approximately) O-feet (minimum)*
10-feet (maximum)*
* Note: Setbacks and lot coverage when located within the TDA overlay district.
J. PARKING ANALYSIS: (see attached site plan for context of building and parking lot locations)
"The Art of Framing" Building (l,040-square feet)
Retail:
1,040-square feet
. ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
"Retail" uses:
1,040 + 250 = 5-parking spaces required
S-parking spaces provided on site (per site plan date stamped by the City
on April 3, 2008)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Building: One building to be used as a retail custom art and framing
gallery.
Height and Number of Stories of Existing Building: 16-feet (approximately); one story.
Gross Floor Area of Existing Building: 1,040-square feet.
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On and Off-Site Circulation:
The applicant is proposing a twelve foot (12') wide paved drive aisle that will enter the site from
Eagle Road and proceed along the south property line. The drive aisle terminates at the rear (west)
of the property to a paved parking area.
L. EXISTING BUILDING DESIGN FEATURES:
Design: "Craftsman"
Roof: Asphalt shingles (gray)
Walls: Cedar shake (green)
WindowslDoors: Wood trim (white)
Fascia/Trim: Wood fascia (green)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Three (3) existing trees are proposed to be
retained.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: No street trees are proposed.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Besides the existing trees, no additional landscaping is proposed for the parking
area.
b. Interior Landscaping: Interior parking is not required for parking lots with under 10-
parking spaces.
N. TRASH ENCLOSURES:
The trash container will be stored within the building.
O. MECHANICAL UNITS:
The site plan date stamped by the City on April 3, 2008, does not indicate the location of
mechanical units. The applicant shall be required to screen any rooftop or ground mounted
mechanical units on the site.
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application has been
submitted for this building (DR-24-08).
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R. PUBLIC SERVICES A V AILABLE:
No approval letters have been received by the City. The site is serviced by Eagle Water Company,
Eagle Fire Department, and Eagle Sewer District.
S. PUBLIC USES PROPOSED: None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - yes: (Spoil Banks canal extends adjacent to the west portion of the site)
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and are attached to the staff report. Comments, which appear to be of special concern,
are noted below:
Chevron Pipeline - No confict.
Department of Environmental Quality - No comment.
Drainage District #2 - Letter indicates that the applicant should contact the drainage district if
there is encroachment on the district's easement.
Eagle Fire Department - Letter indicates that the applicant shall submit all building plans to the
fire department.
Idaho Department of Transportation - No comment.
X. LETTERS FROM THE PUBLIC: None received to date.
y. CITY FORESTER COMMENTS:
The City Forester comments dated May 5, 2008, are include herein by reference and are attached
to the staff report.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Central Business District.
Chapter 6 - Land Use
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.
Chapter 11 - Special Areas and Sites
Central Business District (CBD)
The Central Business District is recognized as a special area due to its historical and
architectural significance. It is recognized as the commercial hub of the community.
The Central Business District is depicted on the Comprehensive Plan Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to the CBD.
Use of existing houses within the CBD for both residential and commercial purposes
should be encouraged.
State Street/Eagle Road Corridor:
The State Street/Eagle Road Corridor is designated as a Special Area due to its
historical, architectural and scenic significance. This area is depicted on the
Comprehensive Plan Land Use Map.
Chapter 12 - Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. CBD Central Business District:
To accommodate and encourage further expansion and renewal in the historical 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 district. Pedestrian friendly uses and
developments are encouraged.
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.
. Eagle City Code, Section 8-2A-5(C)(2) Transitional Development Area-TDA:
The purpose of the TDA is to provide areas for public parking and service to the DDA and
serve as an area for future expansion of the DDA as market demands grow.
. Eagle City Code, Section 8-2A-6(D)(1) Purpose:
To serve as an area of future expansion to the central business district as market demands
grow and to provide an area to accommodate public parking and service to the central
business district.
. Eagle City Code, Section 8-2A-6(D)(2)(f)
Fa<;:ade: All buildings shall include a "storefront" 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 (25%) glass.
. Eagle City Code, Section 8-2A-6(D)(3)(b)
Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
. Eagle City Code, Section 8-2A-6(D)(3)(f)
Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%)
and a maximum of eighty five percent (85%) in which case off site parking shall be
provided for. The minimum lot coverage requirements may be reduced by the council for
the purpose of providing adequate on site parking in accordance with provisions of this
title for structures that include residential uses on floors other than the ground floor.
. Eagle City Code, Section 8-2A-7(J)(2)(a)
When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six
foot (6') high landscaped buffer is required.
. Eagle City Code, Section 8-2A-7(J)(2)(b)
When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
. Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
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time of planting.
. Eagle City Code, Section 8-10-I(A): REQUIREMENTS AND RESTRICTIONS (for
development agreements):
Purpose: Development agreements are a discretionary tool to be used by the Council as a
condition of rezoning. Development agreements allow a specific project with a specific
use to be developed on property in an area that is not appropriate for all uses allowed or
conditional in the requested zone.
C. DISCUSSION:
. The applicant is requesting design review approval to change the use from a residential dwelling
to an art studio for "Art of Framing~Galerie Belle Ame". The existing building incorporates
several architectural design elements found within the "Craftsman" style as described in the
Eagle Architecture and Site Design Book. Some of the "Craftsman" elements include cedar
shake siding, wood trim, and wood window shutters. The applicant has also proposed to add a
front gabled porch with wood columns to the fayade of the building, which add to and improves
upon its "Craftsman" style.
The applicant is also requesting design review approval for landscaping, parking, and other
site improvements.
. Current access to this property is from Eagle Road. Because Eagle Road is a "Minor Arterial",
as classified by the ACHD 2025 Functional Classification System map, ACHD and the City of
Eagle have determined that this access and respective accesses of adjacent properties along
this stretch of Eagle Road should eventually be removed.
The desired goal, as reviewed and approved by ACHD and the City, is to provide shared
access to these properties from the rear (western) portion of the properties via cross-access
agreements signed by all adjoining owners. Because full development has not yet occurred in
this area allowing for the rear adjoining access to be completed, staff recommends that the
applicant be allowed temporary access via the existing access from Eagle Road. The temporary
access from Eagle Road will be allowed until such a time that the access along the western
portion of the property is developed. Staff recommends that language for this temporary use be
drafted within a development agreement.
. The site plan date stamped by the City on April 3, 2008, does not indicate how the above
mentioned future access points will be accommodated when completed. The applicant should
provide a revised site plan that shows where the future access points will be located on the
north and south boundary lines, and how the required parking will still be accommodated
when those access points are provided. The revised site plan should be reviewed and
approved by the Design Review Board prior to the City issuing a zoning certificate for this
site.
. The existing building is located approximately four feet (4') south of the north property line.
If the site is rezoned to CBD-DA (Central Business District with development agreement) then
the existing building will not be compliant with Eagle City Code Section 8-3-3 (D), which
states in part: "Nonresidential buildings or uses shall not be located nor conducted closer than
forty feet (40') to any lot line of a residential district; except that the minimum yard
requirements may be reduced to fifty percent (50%) of the requirement if acceptable
landscaping or screening approved by the council is provided." Because the adjacent property
to the north is designated as Central Business District within the Comprehensive Plan and
because the proposed commercial use (Retail- Art Gallery) of this site is expected to be a
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lower impact use, staff has determined it would be appropriate to allow the applicant to use a
solid fence between four (4') and eight feet (8') in height adjacent to the northern boundary
line to meet the above buffer requirement.
Currently there is a six foot (6') tall cedar fence that extends partially along the northern
property line to the front of the building. Though City Code does not allow cedar style
fencing, the fence does appear to be in good condition, is mostly covered by climbing shrubs
or vines, and does not extend to the front of the building. Since fencing is not desirable the
CBD (Central Business District) zone staff recommends that the applicant be allowed to keep
the existing fence as a buffer along the north property line until the residential property to the
north is rezoned to CBD (Central Business District), at which time the fence should be
removed.
. Eagle City Code requires that when a parking lot abuts a residential use then a landscaped
berm is required to buffer the uses. According to the site plan date stamped by the City on
April 3, 2008, a landscaped berm is not proposed to buffer the proposed parking lot from the
adjacent residential use. As discussed above, because the adjacent residential property is
designated in the Comprehensive Plan as Central Business District and because the proposed
commercial use is expected to have low impacts, staff considers it appropriate to allow the
applicant to construct a solid fence between four (4') and six feet (6') in height adjacent to the
northern boundary line to meet the above mentioned buffering requirements. As stated in the
previous discussion point staff recommends that the applicant construct a vinyl fence that
matches the existing vinyl fence along the south boundary line. The applicant should be
required to provide detailed elevations indicating the height, style, material, color, etc. of the
fence to be installed along the north property line of this site. The detailed elevation should be
reviewed and approved by the Design Review Board prior to the City issuing a zoning
certificate for this site.
. The applicant intends to add a front gabled porch element to the northern front fayade of the
building creating a double glass door entry. The original entrance to the building located on
the east elevation on the southern portion ofthe building will be converted to a window. With
the proposed double glass doors and converted window the building will still fall under the
fifty percent (50%) glass "storefront" design element required in the TDA (Transitional
Development Area) overlay district. Staff recommends that the applicant add another window
of the same size on the southern portion of the east building fayade to meet the above
requirement. The applicant should provide revised building elevations that show an additional
window of the same size as the existing on the east fayade of the building. The revised
elevations should be reviewed and approved by the Design Review Boar prior to the City
issuing a zoning certificate for this site.
. The site plan date stamped by the City on April 3, 2008, shows an area on the northwest
section of the proposed parking lot that is vacant except for some exposed concrete and piping.
Staff recommends that the applicant provide a revised site plan that shows landscaping
improvements in this area, including grass, shrubs and, if possible, trees. If this area is within
the Drainage District #2 easement then staff recommends that the applicant work with the
drainage district to find out what kind of landscaping improvements are allowed. The
applicant should provide a revised site plan that shows landscaping improvements in the
northwest portion of the proposed parking lot. The revised site plan should be reviewed and
approved by staff and two members of the Design Review Board prior to the City issuing a
zoning certificate for this site.
. The building is located thirteen feet (13') north of the south property line; the TDA
(Transitional Development Area) requires side setbacks to be a maximum often feet (10').
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Until access to the site from the rear (west) side ofthe building is completed the only available
access is currently from Eagle Road. Because the existing drive aisle extends along the
southern boundary to the parking lot behind the building, any expansion of the building to
meet the required side setback cannot, at this time, be completed. The applicant has indicated
in meetings with staff that when the existing drive aisle is abandoned, that future expansion or
construction of a new building is likely. When expansion or new construction occurs the
applicant will be required to submit a design review application for any further
modifications/additions or for a new building, at which time the required building setbacks for
the zone will be enforced.
. The existing building covers 14.5% (approximately) of the lot; the TDA (Transitional
Development Area) requires minimum lot coverage to be twenty percent (20%). Because of
the issues with the drive aisle/access and because the applicant is proposing a large patio and
outdoor public area at the front of the building staff, considers it appropriate to allow a
decrease in the minimum lot coverage for the building at this time. As stated above, the
applicant has indicated future plans to expand the existing building or to build a new building.
When that occurs staff considers it optimal that expansion of the building be allowed to occur
toward the south portion of the property, creating more of a street frontage feel to the building.
If this portion ofthe code is enforced at this time then the applicant will have no alternative
but to expand the building to the east (into the parking area) or north (into the public gathering
area), neither of which are preferable to expanding the street frontage appeal of the building,
which will, in effect, increase the desired pedestrian friendly atmosphere. Future expansion or
new construction will be encouraged by the design review process to increase the street front
appeal of the building.
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 May 8, 2008, 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 6 to 0 (Koci absent) to approve DR-23-08 for a design review application for a
change of use from a residential dwelling unit to an art studio for Jason and Melissa Brodt, 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. Provide a revised site plan that shows where the future access points will be located in the western
portion of the site on the north and south boundary lines, and how the required parking will still be
accommodated when those access points are provided. The revised site plan shall be reviewed and
approved by staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
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2. The existing cedar fence along the north boundary line shall be allowed to remain as a buffer to the
adjacent property until such a time that the property to the north is rezoned to CBD (Central Business
District), at which time the fence shall be removed.
3. Provide revised building elevations that sho'", an additional window of the Saffle size as the existing on
the east falfade of the building. The revised elevations shall be revie'.vea and approved by staff and
two members of the Design Reyiew Boar prior to the City issuing a zoning eertifieate for this site.
4. Provide a revised site plan shovling all streetseape improvements (sidewalk design, historie lighting,
street trees, ete.) required within the TD/. (Transitional Development I.rea) as listed within Eagle City
Code, Seetion 8 2A 6(G). The revised site plan shall be reviewed and approved by staff and two
members of the Design Revie'", Board prior te the City issuing a zoning eertifieate for this site.
5. Provide detailed cut sheets of all outdoor light fixtures showing the wattage, luminaries, style, etc. The
detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate
for this site.
6. Provide a revised site plan that shows landscape improvements in the northwest portion of the
proposed parking lot. The revised site plan shall be reviewed and approved by staff and two members
of the Design Review Board prior to the City issuing a zoning certificate for this site.
7. Provide a detailed cut sheet of the proposed bike rack showing they style, size, color etc. The detailed
cut sheet shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this
site.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
10. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
11. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
12. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
13. Paint all roof vents to match the color ofthe roof prior to the City issuing a Certificate of Occupancy.
14. No ground mounted mechanical units are proposed with this application and none are approved.
15. Paint all electrical meters, phone boxes, etc. located on the building to match the co lor of the building.
16. Provide a revised site plan that shows the handicap parking space to be moved adiacent to the concrete
drain structure near the northwest comer of the sited and provide a clear handicap access point to the
entrance of the building. The revised site plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
17. Provide a revised site plan that shows a total of three (3) parking spaces for the site. The revised site
plan shall be reviewed and approved bv staff prior to the City issuing a zoning certificate for this site.
18. Provide a revised site plan that shows the proposed drainage swale near the southwest comer of the site
to be free form in design and with river rock on the bottom. The revised site plan shall be reviewed
and approved bv staff and one member of the Design Review Board prior to the issuance of a zoning
certificate for this site.
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19. Provide detailed cut sheets for all proposed benches and decorative planting: pots showing: size, color,
height, etc. to be located within the patio are on the east side of the building:. Provide a revised
landscape plan showing a minimum off our (4) planting pots to be located within the patio area, and
the specific planting material to be planted within each pot. The detailed cutsheets and revised
landscape plan shall be reviewed and approved bv staff and one member of the Design Review Board
prior to the City issuing a zoning certificate for this site.
20. Provide a revised landscape plan that shows additional plant materials around the drainage swale
located at the southwest comer of the site. The revised landscape plan shall be reviewed and approved
by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for
this site.
21. Provide color elevations of the remodeled building that shows all colors to match the building's
existing color scheme. The colored elevations shall be reviewed and approved bv staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
l. 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
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
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ofthe 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
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 of3,600 square feet, and 1,500
gallons per minute for non-residential uses (Le.; 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 Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
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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
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
IS. 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
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 City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
elect to take those plans to the Design Review Board and the City Council 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 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 City Council 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
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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 April 3, 2008.
2. Requests for agencies' reviews were transmitted on April 9, 2008, in accordance with the requirements
of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-23-08) 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 as described herein.
The Board finds that the proposed change of use is an Art Studio. It was applied for as an Art Studio
and meets Eagle City Code Title 8, Chapter 1, Section 2, Definition for an Art Studio and per Eagle
City Code Title 8, Chapter 4, Section 5, Parking required for an Art Studio is one (1) parking space
required for every one thousand (1,000) square feet of gross floor area. The gross floor area of the
proposed change of use is one thousand-forty (1,040) square feet and requires 1.04-parking spaces.
Site Specific Condition of Approval number 17 herein, with the agreement of the applicant, provides
for three (3) parking spaces.
As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions,
the Board recognizes that this site does not comply with several areas of the code regarding building
side setbacks, lot coverage, and landscape buffers. The Board recommends that the code sections
regarding these items be suspended or relaxed to foster the rehabilitation of this building and site. It is
the Board's opinion that the proposed use of an art gallery and art studio will enhance this area of the
city in a positive way. With the approval of the proposed use, the site is expected to become a popular
public gathering place to enjoy and support local art. While not wholly in line with Eagle City Code,
the proposed building and site improvements will improve upon the "Craftsman" architectural design
of the existing building and add a public gathering area for the community. The existing sidewalk
adjacent to this property is already partially improved with stamping, historic lighting and street trees;
and though it is not improved per the standards of the TDA (Transitional Development Area) the
Board has determined that the existing improvements are sufficient. It is with these improvements that
the Board recommends approval of this project as proposed and with the modifications noted herein.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (Central Business District) zoning district.
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DATED this 22nd day of May 2008.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada~ahO
Eric R. McCullough, Chairman
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