Findings - DR - 2008 - DR-33-08 - Change The Use From A Church To A Multi-Tenant Retail/Office Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CHANGE THE USE FROM )
A CHURCH TO A MULTI-TENANT RETAIL! )
OFFICE BUILDING FOR OLD TOWN I, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on June 12, 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;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Old Town I, LLC, represented by James Gipson with James Gipson Associates, is requesting
design review approval to change the use of a 2,450-square foot church to a multi-tenant
retail/office building. The 0.16-acre site is located on the north side of East State Street
approximately 100-feet west of 2nd Street at 164 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on May 1,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on May 12, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-34-08 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Church
District)
Proposed No Change No Change Multi-tenant Retail/Office
Building
North of site Central Business District CBD (Central Business Residential dwelling
District)
South of site Public/Semi-Public CBD (Central Business Heritage Park
District)
East of site Central Business District CBD (Central Business Restaurant (Subway)
District)
West of site Central Business District CBD (Central Business Office (ABC Seamless
District) Siding)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Downtown Development
Area (DDA).
H. EXISTING SITE CHARACTERISTICS: There is an existing 2,450-square foot building located on
this site that has been used as a church facility. There are three (3) trees located near the southeast
comer of the site that are to be removed.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 7,000-square feet (0. 16-acres) 500-square feet (O.OI-acers)
(minimum)
Percentage of Site Devoted to 43% (approximately) 40% (minimum) *
Building Coverage 95% (maximum) *
Percentage of Site Devoted to 42% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 4-parking spaces 10-parking spaces (minimum)
Front Setback 14-feet (south) O-feet (minimum) *
10-feet (maximum) *
Rear Setback 34-feet (north) O-feet (minimum)
Side Setback 5-feet (west) O-feet (minimum) *
Side Setback 12-feet (east) O-feet (minimum) *
* Note: Setback and lot coverage required when located within the DDA overlay district.
J. PARKING ANALYSIS: (see attached site plan for context of building and parking lot locations)
PROPOSED RETAIL/OFFICE BUILDING (2,450-square feet)
Retail/Office:
2,450-square feet
. ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
"Business or Professional Office" uses:
. ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
"Retail Sales" uses:
2,450 + 250 = 10-parking spaces required
4-parking spaces provided on site
6-parking spaces not provided on site
6-parking spaces requiring in lieu payment of $5,700.00 each = $34,200.00
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One existing building to be used as multi-tenant
retail/office.
Height and Number of Stories of Proposed Buildings: 24' high; one story.
Gross Floor Area of Existing/Proposed Buildings: 2,450-square feet existing with approximately
575-square feet of deck area proposed.
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On and Off-Site Circulation:
A 960-square foot (approximately) paved parking lot provides parking for vehicles using this
site, A 16-foot wide alley provides access to the parking lot located north of the building.
L. BUILDING DESIGN FEATURES:
Roof: Existing asphalt (Onyx Verde)
Walls: Horizontal siding (Deep Sea Dive)
WindowslDoors: Vinyl windows and metal doors (Rustic Red)
Fascia/Trim: Wood (Polar Bear Center)
Other: Stone around patio addition (Sterling Rockface)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are three trees located near the
southeast comer of the building. These trees are proposed to be removed.
Tree Replacement Calculations: Per the City Foresters memo dated May 13, 2008, the three trees
located near the southeast comer of the building have poor structure and are in poor condition.
Thus no value had been assessed for these trees and no mitigation is recommended.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There is one existing Ash tree located within a tree well within the sidewalk adjacent
to East State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
There is landscaping proposed on the east and west sides of the four (4) parking
spaces. The building is located to the south of the parking area and the alley is
located to the north.
b. Interior Landscaping: 0% interior landscaping is required, 0% is proposed.
N. TRASH ENCLOSURES:
One 42-square foot trash enclosure is proposed to be located at the northeast comer of the site and
is access from the alley, The enclosure is proposed to be constructed of Split Face CMU Block
with black metal gates,
O. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
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.
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Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
R. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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.
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 - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
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 attached to the staff report, Comments, which appear to be of special concern, are
noted below:
Ada County Highway District - No requirements
Central District Health - No objection to this proposal
Chevron Pipeline - No conflict with the Chevron Pipe Line
Eagle Fire Department - Complete set of building plans shall be submitted for their review
X. LETTERS FROM THE PUBLIC: None received to date.
y. CITY FORESTER COMMENTS:
Memo from City Forester, dated May 13, 2008 (incorporated herein by reference and 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.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-3
If any provision of this article is found to be in conflict with any other provision of any zoning,
building, fire safety or health ordinance or other provision of this code, the provision which
establishes the higher and/or more restrictive design standard shall prevail. However, in order
to foster rehabilitation of older districts and comply with unforeseen future needs of the
overlay districts, the city council may, at their discretion, suspend or relax some or all
requirements found in this code, if the city council determines a particular site, setting, or use
to be of historical significance.
. Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground,
. Eagle City Code Section 8-2A-6(C)(2)(f)
Facade: 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
percent (25%) glass. The front of any building is the facade that fronts upon any street.
. Eagle City Code Section 8-2A-6(C)(3)
a. Front building setbacks from the property line shall be a minimum of zero feet (0') to a
maximum often feet (10').
b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures
. Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum of ten feet (10') wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a "running bond" brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having jurisdiction.
A reduced sidewalk section may be permitted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk be
reduced to less than six feet (6') in width.
. Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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. Eagle City Code Section 8-2A-7(K)(3)(a)
Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines
and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of perimeter,
. Eagle City Code Section 8-4-4-5
Within the central business district, as defined by the city of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use, the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars ($5,700.00) per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty (20) spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
C. DISCUSSION:
. The applicant is proposing to change the use of the building located at 164 East State Street from a
church facility to a multi-tenant retaiVoffice building. Originally the building was a two story
building that was constructed for the Fraternal Order of Odd Fellows as a meeting hall, It is staffs
understanding that the bottom floor caught on fire and the second floor of the building was moved
to its current location in the 1930's. With that said, one could consider this building to have
historical significance. Per Eagle City Code, in order to foster rehabilitation of older districts and
comply with unforeseen future needs of the overlay districts, the city council may, at their
discretion, suspend or relax some or all requirements found in this code, if the city council
determines a particular site, setting, or use to be of historical significance.
There are a couple areas of the code which this site does not comply with regarding setbacks and
50% storefront glass. The applicant is proposing to retain the architectural style of the building
and is proposing the addition of a covered porch at the entrance to the building on the south
elevation. Double glass doors and larger windows are proposed on the south building elevation.
With the increase of the windows and doors, the applicant has achieved 37% glass on the south
building elevation. While this does not meet the 50% that is required within Eagle City Code, one
could argue that adding enough glazing to the south elevation may meet the intent of the code;
however, it could alter the historic look of the building too. The building is located fourteen (14)
feet north of the south property line, five (5) feet east of the west property line, and twelve (12)
feet west of the east property line. As noted within the applicant's justification letter, adding on to
the building on the east or west sides would negatively impact the building design. The addition
of the porch on the south elevation has reduced the setback of the building from twenty two (22)
feet to fourteen (14) feet from the south property line; however, if you measure from the back of
the sidewalk to the new porch addition it is only nine (9) feet. Staff defers comment regarding the
percentage of glass and the building setbacks to the Design Review Board.
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. The site-landscape plan date stamped by the City on May 1, 2008, shows the streetscape
improvements along East State Street with the textured concrete brick pattern; however, the actual
dimensions between the brick pattern does not match that which is shown within the EASD book.
The applicant should be required to provide a revised site-landscape plan showing the textured
concrete brick pattern within the sidewalk adjacent to East State Street to comply with the
dimensions required within the EASD book. The revised site-landscape plan should be reviewed
and approved by staff prior to the City issuing a zoning certificate for this site.
. The applicant is proposing to construct the trash enclosure at the northeast comer of the site. A
landscape buffer is proposed on the west and south sides of the enclosure; however, no landscape
buffer is proposed on the east side of the trash enclosure on this site. Per Eagle City Code, to
conceal trash enclosures with any commercial or industrial activity, and off street loading when
adjacent to or in view from a residential activity or public street right of way, a five (5) foot wide
by six (6) foot high landscape buffer is required, There is a landscape buffer on the adjacent
property to the east which the applicant is proposing to use as the buffer for the east side of the
trash enclosure. Staff defers comment regarding the landscape buffer on the east side of the trash
enclosure to the Design Review Board.
. The site-landscape plan date stamped by the City on May 1, 2008, shows a three (3) foot wide
landscape island to be located on the west side of the parking area near the northwest comer of the
building. Per Eagle City Code, a minimum five (5) foot wide perimeter landscape strip is required
between the property lines and the parking lot, and is required to be planted with a minimum of
one shade tree and five (5) shrubs per thirty five (35) linear fee of perimeter. Staff defers comment
regarding the landscape buffer between the parking and the property line to the Design Review
Board.
. The site-landscape plan date stamped by the City on May 1,2008, shows four (4) parking spaces
to be constructed with the change of use of this building. Per Eagle City Code, retail and office
uses required one parking space per two hundred fifty (250) square feet of gross floor area. Eagle
City Code also permits a cash in lieu payment to be made to the City for the required number of
parking spaces. The applicant should be required to submit a cash in lieu payment to the City for
the six (6) remaining parking spaces required with this change of use in the amount of $34,200.00.
The in lieu payment should be submitted to the City prior to the City issuing a zoning certificate
for this site.
. Staff defers comment regarding the building 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 June 12, 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).
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BOARD DECISION:
The Board voted 4 to 0 (Barnes and Whittaker absent, Butler abstained) to approve DR-33-08 for
a design review application to change the use from a church to a multi-tenant retail/office building
for Old Town I, LLC, with the following staff recommended site specific conditions of approval
and standard conditions
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Provide a revised site-landscape plan showing the textured concrete brick pattern within the sidewalk
adjacent to East State Street to comply with the dimensions required within the EASD book. The
revised site-landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
2. Submit a cash in lieu payment to the City for the six (6) remaining parking spaces required with this
change of use in the amount of $34,200.00. The in lieu payment shall be submitted to the City prior to
the City issuing a zoning certificate for this site.
3. All overhead power, phone, cable, etc. extending to this building shall be removed and located
underground prior to the City issuing a Certificate of Occupancy for this site.
4. All ground mounted mechanical units, transformers, cable, and phone boxes shall be screened by
landscaping per Eagle City Code.
5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building,
9. No signs are proposed with this application. A separate design review application (DR-34-08) has been
submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
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
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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
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
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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 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
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.
IS. 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
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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
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 May 1, 2008.
2. Requests for agencies' reviews were transmitted on May 12, 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-33-08) 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 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, percentage of glass, 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 a retail/office building will enhance this area of
the city in a positive way. 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. It is with these improvements that the Board
recommends approval of this project as proposed.
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.
Page 12 of 13
K:\Planning DeptlEagle ApplicationslDr\2008IDR-33-08 Butler Multi-ten Retail-Office drf.doc
DA TED this 26th day of June 200S.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County~ Idaho
ATTEST:
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Page 13 of 13
K:\Planning DeptlEagle ApplicationslDr\200SIDR-33-08 Butler Multi-ten Retail-Office drfdoc