Findings - DR - 2008 - DR-25-08 - Dr For Single Tenant Retail Building And Site Landscaping For Spoons Kitchen Store
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW FOR A SINGLE TENANT )
RET AIL BUILDING AND SITE LANDSCAPING )
FOR SPOONS KITCHEN STORE FOR JASON )
AND VICTORIA RITCHIE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-25-08
The above-entitled design review application came before the Eagle Design Review Board for their
recommendation on June 12, 200S. The Board continued this item to July 10, 200S, and made their
recommendation at that time. 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 Victoria Ritchie are requesting design review approval for a two story, 2,S64-square foot
commercial/retail building and site landscaping for Spoons kitchen store. The 0.2S-acre site is
located on the west side of Eagle Road approximately SOO-feet south of State Street at 221 South
Eagle Road.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on April 3, 200S.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 11, 200S, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None of record.
E. COMPANION APPLICATIONS:
Design Review application for one (1) building wall sign for Spoons (DR-26-0S).
Page 1 of 15
K:\Planning Dept\Eagle Applications\Dr\2008\DR-25-08 Spoons drfdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Central Business District R-4 (Residential-up to four Single family residential
dwelling units per acre
maximum)
Proposed No Change CBD-DA (Central Business Retail (cooking supply
District with development store)
agreement)
North of site Central Business District CBD-DA (Central Business Commercial (J Bar K &
District with development Associates)
agreement)
South of site Central Business District R-4 (Residential-up to four Single family residential
dwelling units per acre
maximum)
East of site Central Business District CBD (Central Business Eagle Road, restaurant
District) w/drive thru (McDonalds)
West of site Central Business District R-4 (Residential-up to four Single family residential
dwelling units per acre
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within both the CEDA and the TDA overlay districts. Pursuant to Eagle City
Code 8-2A-S(C)(4), when a parcel lies within two overlay districts the more restrictive overlay
district shall generally apply.
H. EXISTING SITE CHARACTERISTICS:
A residential structure currently exists on the site (proposed to be removed), and is accessed via a
twelve foot (12 ') wide unpaved drive aisle. Various mature trees and shrubs also exist on the
property, including several mature Catalpa trees. Spoils Banks Canal extends within a IOO-foot
easement along the west portion of the property.
Page 2 of 15
K:\PJanning DeptlEagJe ApplicationslDr\2008IDR-25-08 Spoons drf.doc
I. SITE DESIGN INFORMATION:
Site Data Proposed Req uired
Total Acreage of Site 0.28-acres (12, 1 96-square feet) O.OI-acres (SOO-square feet)
(minimum)
Percentage of Site Devoted to 17% (approximately) 20% (minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 22% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 10-parking spaces I2-parking spaces (minimum)
Front Setback IO-feet (east) (approximately) 1 O-feet (minimum)*
25-feet (maximum)*
Rear Setback 60-feet (west) (approximately) O-feet (minimum)
Side Setback 12-feet (north) (approximately) O-feet (minimum)*
IO-feet (maximum)*
Side Setback O-feet (south) (approximately) O-feet (minimum)*
IO-feet (maximum)*
* Note: Setbacks and lot coverage when located within the TDA overlay district.
J. PARKING ANALYSIS: (see site plan for context of building and parking lot locations. The site plan is
attached to the staff report. )
"Sooons" BuiIdinl! (2,864-square feet)
Retail:
2,864-square feet
· ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
"Retail" uses:
2,864 -:- 250 = 12-parking spaces required
10-parking spaces provided on site (per site plan date stamped by the City
on April 2, 2008)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Building: One proposed building for retail use.
Height and Number of Stories of Proposed Building: 26-feet (approximately); two stories.
Gross Floor Area of Existing Building: 2,864-square feet.
On and Off-Site Circulation:
The applicant is proposing a twelve foot (12') wide paved drive aisle that will enter the site from
Page 3 of 15
K:\Planning Dept\Eagle Applications\Dr\2008\DR~25-08 Spoons drfdoc
Eagle Road and proceed along the north property line to a paved parking area at the west (rear)
section of the property.
L. PROPOSED BUILDING DESIGN FEATURES:
Design: "Prairie School"
Roof: Architectural Asphalt shingles (dark grey)
Walls: Cement composite lap siding (factory primed paint), Brick Veneer (standard unit brick
veneer system), Texured Stucco finish (on the party wall- medium aggregate finish)
Windows/Doors: Aluminum storefront
Fascia/Trim: Cement composite lap siding
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The existing mature Catalpa trees are
proposed to be retained. Tree retention and preservation methods as advised by the City Forester
shall be employed during construction of the project (City Forester's letter is included herein by
reference ).
Tree Replacement Calculations: See the City Forester letter concerning this application (included
herein by reference).
Proposed Tree Mix (Species & Number): The applicant is proposing to preserve most of the trees
on site and will be planting one (1) Skyline Honeylocust on the northwest portion of the property.
Street Trees: There is one (1) street tree located adjacent to Eagle Road. This tree was planted by
the Ada County Highway District when Eagle Road was widened in the late I990s. The applicant
is not proposing to install any additional street trees.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
The applicant is proposing a five foot (5') wide landscape strip (grass and existing
trees) along the southern boundary of the proposed parking lot. The applicant is
also proposing a landscape strip (grass, shrubs and existing trees) along the
western portion of the parking lot. Eagle City Code Section 8-2A-7 requires
perimeter landscape strips to be planted with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of perimeter.
b. Interior Landscaping:
The applicant is proposing 5% interior landscaping to be located on a landscaped
terminus island on the southwest portion of the proposed parking lot, and two
landscaped terminus islands on the north and south sections (respectively) of
the western parking area. Eagle City Code Section 8-2A-7 requires that a
minimum of five percent (5%) of the total area of a parking lot (10 - 20 parking
spaces) must be an interior landscaped area.
Page 4 of 15
K:\Planning DepllEagJe ApplicationslDr\2008IDR-25-08 Spoons drf.doc
N. TRASH ENCLOSURES:
The trash container is proposed to be stored within the building, however the Design Review
Board has recommended a condition of approval that will require the applicant to provide a
revised site plan showing an outdoor trash enclosure with materials, colors, screening method etc.
O. MECHANICAL UNITS:
The site plan date stamped by the City on May 8, 2008, indicates that mechanical units will be
installed beneath the roof of the proposed building.
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-26-08).
R. PUBLIC SERVICES A V AILABLE:
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 ofthe 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 attached to the staff report and
incorporated herein by reference. Comments, which appear to be of special concern, are noted
below:
Ada County Highway District - Report indicates temporary access from Eagle Road should be
allowed (see discussion section/or more detail).
Page 5 of 15
K:\Planning DeptlEagJe ApplicationslDr\2008IDR-25-08 Spoons drf.doc
Chevron Pipeline - No conflict
Central District Health - Letter indicates that food and beverage plans will need to be submitted.
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 construction plans should be submitted.
Idaho Transportation Department - No comment
X. LETTERS FROM THE PUBLIC: None received to date.
y. CITY FORESTER COMMENTS:
Memo from City Forester, dated May 5, 2008 (attached to the staff report and included herein by
reference).
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.
Page 6 of 15
K:\Planning DeptlEagJe ApplicationslDr\2008IDR-25-08 Spoons drfdoc
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-2-1 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.
.
· Eagle City Code, Section 8-2A-S(C) Areas of Development
Where any parcel lies within more than one development area described above, the entire
parcel shall be considered to be within the development area with the more restrictive
requirements. However, the development of a parcel located within more than one
development area may be permitted using the criteria from each respective district
provided the design review board determines that the more restrictive criteria is not
compromised and that the development is in harmony with the adjacent properies.Eagle
City Code, Section 8-2A-S(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-S(C)(3) Community Entry Area-CEDA:
The purpose of the CEDA is to fulfill the vision of the city comprehensive plan by
providing a sense of entry into Eagle and transitional development into the DDA.
· 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
Page 7 of 15
K:\PJanning DeptlEagle ApplicationslDr\2008IDR-25-08 Spoons drf.doc
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-6(E)(1) Purpose (CEDA):
To provide a sense of entry into the city and transition development into the central
business district in support of the comprehensive plan.
· 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 8-2A-7(K)(3)(a)
Provide a minimum five foot (5') wide perimeter landscaped strip between 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.
· 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
time of planting.
C. DISCUSSION:
· The applicant is requesting design review approval to demolish an existing residential dwelling
and construct a 2,864-square foot building to be used as a kitchen equipment sales store and as a
location for indoor and outdoor cooking classes as well as a public gathering place for food
related events.
The applicant is also requesting design review approval for site landscaping, parking, and
other site improvements.
· The subject property currently exists within two overlay districts (TDA and CEDA). Eagle
City Code states that when a parcel exists within two overlay districts that the more restrictive
shall apply. However, the property may be allowed to comply with the provisions of both
districts as long as the Design Review Board determines that the integrity of the more
restrictive district is not compromised. The TDA, in general, is the more restrictive of the two
overlay districts. In pre-application meetings staff has directed the applicant to design the site
in compliance with the TDA section of the City Code.
· 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
Page 8 of 15
K:\Planning DepllEagJe ApplicalionslDr\2008IDR-25-08 Spoons drf.doc
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.
. According to the applicant's justification letter date stamped by the City on April 3, 2008, the
proposed new building will be designed using the "Prairie School" style of architecture, which
is one (1) of the nine (9) approved architectural styles shown within the Eagle Architecture
and Site Design (EASD) book.
Though the proposed design does not strictly conform to the tenets of the classical "Prairie
School" model as established in the EASD book, the applicant contends that it does falls well
within the spirit of the "Prairie School" design. The applicant also requests that consideration
be given to the site restrictions and complications created by the necessity of a temporary
access from Eagle Road.
Staff has met several times with the applicant in attempts to bring the design of the building
into compliance with the EASD book and the intent of the "Prairie School" design with
consideration given to the acknowledged site restraints. In response to those meetings the
applicant has made modifications to the building design (submitted with this application).
However, agreement between staff and the applicant regarding the buildings strict compliance
of the building's design with the EASD book and the "Prairie School" design remains elusive.
This being the case, staff will defer further comment and recommendation to the Design
Review Board regarding the design of the proposed building.
. According to the site plan date stamped by the City on May 8, 2008, ten parking spaces are
proposed with the development. Eagle City Code requires I2-parking spaces for a 2,864-
square foot retail building. The applicant should provide one of the following three options to
accommodate the parking requirement:
. A revised site plan showing I2-parking spaces to be provided;
. A signed joint/collective parking agreement which meets the conditions of
Eagle City Code Section 8-4-4-3;
. In lieu payment of$II,400.00 (2 x $5,700.00) into the general parking fund.
The applicant should provide one of the above options to the City prior to the City issuing a
zoning certificate for this site.
. The building is located thirteen feet (13 ') south ofthe north property line; the TDA
(Transitional Development Area) requires side setbacks to be a maximum often feet (10').
Until access to the site from the west side of the building is completed the only available
access is currently from Eagle Road. Because the proposed drive aisle extends along the
northern 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. Staff defers comment
regarding the side building setback to the Design Review Board.
. The proposed building covers 17% (approximately) of the lot; the TDA (Transitional
Development Area) requires minimum lot coverage to be twenty percent (20%). If this portion
Page 9 of 15
K:\Planning DeptlEagJe ApplicationslDr\2008IDR-25-08 Spnnns drf.doc
of the code is enforced at this time then the applicant will have no alternative but to expand the
building to the west (into the parking area) or north (into the drive aisle area). Staff defers
comment regarding building lot coverage to the Design Review Board.
· Though the property is within the TDA (Transitional Development Area) and would normally
be subject to the streetscape requirements associated with that overlay district, past action by
the Design Review Board has indicated that the properties on the west side of Eagle Road and
north of Plaza Drive shall be allowed to provide streetscape improvements consistent with the
existing streetscape improvements adjacent to the 209 South Eagle Road (J Bar K) property.
The applicant should provide a revised site plan showing all streetscape improvements
(sidewalk design, historic lighting, street trees etc.) to be consistent with the streetscape
improvements of the property immediately to the north (209 South Eagle Road).
· The City Forester has submitted a letter in regard to this application concerning landscaping
and tree preservation. Staff defers further comment regarding the City Forester's letter to the
Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff defers recommendation of this
application to the Design Review Board. If the Design Review Board recommends approval then
staff recommends that the site specific conditions of approval and the standard conditions of
approval provided below be considered.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on June 12,2008. The Board
continued the item until July 10, 2008 at which time the Board made their recommendation.
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 5 to 0 (Barnes, Niblett absent) to approve DR-2S-08 for a design review
application for a single-tenant retail building and site landscaping for Spoons kitchen store for
Jason and Victoria Ritchie, with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with underline to be added by the
Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a revised site plan showing all streetscape improvements (sidewalk design, historic lighting,
street trees etc.) to be consistent with the streetscape improvements ofthe property immediately to the
north. 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.
2. Provide either a revised site plan showing I2-parking spaces, a signed joint/collective parking
agreement which meets the conditions of Eagle City Code Section 8-4-4-3, or an in lieu payment of
$11,400.00 (2 x $5,700.00) into the general parking fund. The revised site plan,joint/collective
parking agreement, or in lieu payment shall be reviewed or paid and approved by the City prior to the
City issuing a zoning certificate for this site.
3. 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.
Page 10 of15
K:\Planning DeptlEagle ApplicationslDr\2008IDR-25-08 Spoons drfdoc
4. Provide detailed cut sheets of benches, planters and other pedestrian amenities showing style, size,
color, etc. that are proposed for the site including those proposed for the future plaza area in place of
the existing temporary access.
S. 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.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. All overhead power lines shall be located underground prior to the City issuing a certificate of
occupancy for this site.
8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
11. Paint all roof vents to match the color of the roof prior to the City issuing a Certificate of Occupancy.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. The property has not been rezoned to CBD and this proposed use is prohibited in an R-4 Zone,
therefore, prior to issuance of a Zoninl! Certificate for the site the aoolicant shall execute and record
the Develooment Agreement for the site.
15. Based upon the facts that (A) ACHD has approved the narrow driveway as a TEMPORARY
driveway, (B) the speed limit on this section of Eagle Road is 25 MPH, (C) the Ada County's Sheriffs
Office Accident Report for this section of Eagle Road where this site is located (near Eal!le Road and
Plaza Drive) shows only one accident per year for the last three vears, and (D) the requirement for the
building to be located in a pedestrian friendly manner close to the sidewalk, the Design Review Board
recommends aooroval of the temoorary driveway as submitted with the following condition: TO
PROVIDE AN ASSURANCE THAT THE DRIVEWAY WILL BE REMOVED IN THE
FUTURE: Complv with Section 3.1 of the Development Agreement requiring cross access
agreements with the prooerties north and south and requirinl! that the cross access agreements be
reviewed and approved by the City Attorney and be executed and recorded prior to the adoption of the
ordinance to rezone this property.
16. The Board recol!nizes the applicants care in designinl! the building footprint to save the Catalpa tree
(which is in very good condition) iust west of the planned building and therefore, in an effort to
maintain the tree, the Eagle City Code required minimum 20% lot coverage may be relaxed to allow
the 17% coveral!e proposed. If the site plan is modified in a manner that the catalpa tree is to be
removed the applicant shall submit a variance application request to the City in accordance with Eagle
City Code Section 8-7-4-2 to allow a 17% lot coveral!e where a 20% lot coverage is required.
17. Due to the stark nature ofthe south facing wall and its location in relationship to the main entry into
the City of Eagle, and to provide for compliance with Eagle City Code design review regulations
requiring quality building design aesthetics, provide an al!reement signed bv the owners of this
property, and the City allowing for use of the south facing wall for public art as may be prooosed by
the City. Said agreement shall be reviewed and approved bv the City attorney prior to issuance of a
Page 11 of 15
K:\PJanning DeptlEagle ApplicationslDr\2008IDR-25-08 Spoons drf.doc
Zoninl! Certificate for the site.
18. In accordance with Eagle City Code Section 8-3-2(D). provide revised plans for review by the Design
Review Board showing the location of the required trash enclosure, elevation of the enclosure,
materials for the enclosure and colors of the enclosure. The revised plans shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
19. Althoul!h the building design includes some of the elements for Prairie Schoo I architecture, the Eal!le
Architecture and Site Design book adopted bv ordinance of the City specifies that the Prairie School
desil!n is of the 1910 to 1925 era. The submitted desil!n is MODERN and absolutelv not consistent
with the period architecture. Therefore, in the Desil!n Review Board's opinion the design should not
be approved as submitted. Changes were requested of the applicant and none were made. Therefore,
the Board recommends that the Council require the aoplicant to submit modified elevation plans to the
Design Review Board showing the desil!n elements of the buildinl! to conform to the EASD book in
the 1910-1925 era.
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
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
Page 12 of 15
K:\Planning DeptlEagJe ApplicationslDr\2008IDR-25-08 Spoons drfdoc
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
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 Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
Page 13 of 15
K:\PJanning DeptlEagle ApplicationslDr\2008IDR-25-08 Spoons drf.doc
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.
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
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. Staff may
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 oflandscaping (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
Page 14 of 15
K\PJanning DeptlEagle ApplicationslDr\2008IDR-25-08 Spoons drfdoc
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 11, 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-2S-08) and based upon the information provided, with the conditions required herein, concludes
that the proposed design review application meets the intent of development objectives as listed in the
Eagle City Code and the Eagle Comprehensive Plan. With regard to Eagle City Code Title 8, Chapter
2, Article A, Design Review Overlay District and the EASD book, the Board believes that the building
design, as noted in site specific condition of approval no. 19, does not meet the standards of the 1920-
1925 era of Prairie School design. Modified plans reflecting the design elements of the specified era,
after submittal to the Board for review, may be approved if the Board determines that conformance
with the architectural criteria has been satisfied.
4. As conditioned herein, 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.
DA TED this 24th day of July 2008.
ATTEST:
""........,..
", GL~ ".
,,'" G.~ C".
" ~ 'V ......... ... .#
..:\.- e4l'r<#
~ 0... d'" TE.. ~
.: , o.'r ....
..).., LJ ".0:
. . ~ ~..
: Eo-<: ~ .', ,~: ::c :
: -.0 , ....vCl. :
:U\u .oy",.'c(.
.. _v": "" :
~ .. c... ~". ::::: ~
.. . -;1 0 .. L. .
'\ .. ... INC09-:.. 0'" $
'... ...... ~ ,"
"'" S T A l' ",....
".,.......",'
Page 15 of 15
K:\Planning DeptlEagle ApplicationslDr\2008IDR-25-08 Spoons drf.doc