Loading...
Findings - DR - 2008 - DR-18-08 - Modify The Landing Community And Arts Center To A Dance Studio W/Site Improvements BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO MODIFY THE ) LANDING COMMUNITY AND ARTS CENTER ) TO A DANCE STUDIO WITH SITE ) IMPROVEMENTS FOR MARK PRIDDY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-IS-OS The above-entitled design review application came before the Eagle Design Review Board for their action on April 10, 2008 The Board continued the item to April 24, 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: Mark Priddy, represented by Russ Phillips with Insight Architects, is requesting design review approval of a dance studio and to modify the parking lot and associated landscaping for The Landing Community Center. The 0.31-acre site is located on the south side of West State Street approximately 400-feet west of Eagle Road at 149 West State Street. B. APPLICA nON SUBMITTAL: The City of Eagle received the application for this item on February 21,2008. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 25, 2008, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 26, 2004, City staff approved a design review application for a community and arts center for this site (DR-65-04). E. COMPANION APPLICATIONS: None Page 1 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Public/Semi-public CBD (Central Business Community Center District) Proposed No change No change No change North of site Central Business District CBD (Central Business Bank Facility with drive up District) service (US Bank) South of site Central Business District R-4 (Residential) Residential dwelling East of site Central Business District CBD (Central Business Residential dwelling District) West of site Central Business District CBD (Central Business Medical Office building District) G. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the Transitional Development Area (TDA). H. EXISTING SITE CHARACTERISTICS: There is a 6,200-square foot building located on the southern portion of this site with a paved parking area located between the building and West State Street. The site is accessed by two (2) thirty five (35) foot wide curb cut driveways on West State Street. Page 2 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.3 I-acres (13,71 7 -square feet) O.Ol-acres (500-square feet) (minimum) Percentage of Site Devoted to 45% (approximately) 20% (minimum)* Building Coverage 85% (maximum)* Percentage of Site Devoted to 17% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 14-parking spaces 25-parking spaces (minimum) Front Setback 46-feet (north) 10-feet (minimum)* 25-feet (maximum)* Rear Setback 2-feet (south) O-feet (minimum) Side Setback 7-feet (west) O-feet (minimum)* 10-feet (maximum)* Side Setback O-feet (east) 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 LANDING COMMUNITY CENTER (6.200-square feet) Dance Studio: 6,200-square feet . ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for "Personal Improvement" uses: 6,200 + 250 = 25-parking spaces required 14-parking spaces provided on site (ll-parking spaces under required) MEDICAL OFFICE BUILDING (4.218-square feet) Office Space: 4,218-square feet . Parking requirements per ECC Section 8-4-5: 1 parking space per 200-square feet of gross floor area for "MedicallDental Office" uses: 4,218 + 200 = 22-parking spaces required 30-parking spaces provided on site (8-parking spaces over required) Page 3 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc COMBINED REQUIRED TOTAL FOR THE LANDING COMMUNITY CENTER AND MEDICAL OFFICE BUILDING The Landing Community Center: 25-parking spaces Multi-tenant Office Building: 22-parking spaces Total: 47-parking spaces COMBINED PROPOSED TOTAL FOR THE LANDING COMMUNITY CENTER AND THE MEDICAL OFFICE BUILDING BASED UPON PROPOSED JOINT/COLLECTIVE PARKING AGREEMENT Total: 44-parking spaces Even with a Joint/Collective Parking Agreement between The Landing Community Center site and the medical office site, this site will be short three (3) parking spaces. The applicant has the option to enter into a Joint/Collective Parking Agreement with another site or pay a cash in lieu payment in the amount of $17, 1 00.00 (3-parking spaces x $5,700.00/per parking space) to the City for the three (3) parking spaces. K. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Building: One building to be used as a dance studio. Height and Number of Stories of Existing Building: 28-feet; one story. Gross Floor Area of Existing Building: 6,200-square feet. On and Off-Site Circulation: A 5,240-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is proposed to be located on the north side of this site approximately 110-feet west of Old Park Road providing access to West State Street. L. EXISTING BUILDING DESIGN FEATURES: Roof: Composition shingles (medium red/brown) Walls: Brick (bark brown), stucco (light beige) Windows/Doors: Store front aluminum windows and doors (dark bronze) Fascia/Trim: Wood fascia (light beige) M. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees located on this site. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The applicant is proposing to install two (2) Skyline Honey Locust trees along West State Street. Page 4 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed on the north side of the parking area but not on the east or west perimeters of the parking area. b. Interior Landscaping: 5% interior landscaping is required, 20% is proposed. N. TRASH ENCLOSURES: One 48-square foot trash enclosure is proposed to be located at the northeast corner of the building approximately 88-feet south of the driveway on West State Street. The enclosure is proposed to be constructed of CMU block with stucco finish which will match the color used on the building. O. MECHANICAL UNITS: There are existing rooftop mechanical units that are visible from the south elevation. These units are not visible from the north (West State Street). The applicant is not proposing to screen these units. No additional units are proposed with this modification. P. OUTDOOR LIGHTING: The applicant is not proposing to modify or add any additional building or parking lot lights. The light over the front door located on the north elevation and the light over the door located on the west elevation do not comply with Eagle City Code. 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 is required for the approval of any signs. 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 - no Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Page 5 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc 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 is attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District X. LETTERS FROM THE PUBLIC: None received to date. y. CITY FORESTER COMMENTS: Memo from City Forester, dated March 12,2008 (incorporated herein by reference and is attached to the staff report). 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 Public/Semi-Public. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-1-2 PERSONAL IMPROVEMENT: Provision of instructional services or facilities, including photography, fine arts, crafts, dance or music studios, driving schools, riding academies, business and trade schools, and diet centers, reducing salons, and fitness studios. . 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, and the design review board shall consider: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; Page 6 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc b. The location and design of transformers, pad mount and roof mounted mechanicals and electrical equipment shall be reviewed and approved by the design review board. All roof mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan); c. The location and sizes of all utility lines, manholes, poles, underground cables, gas lines, wells, and similar installations; and d. The continued maintenance of these service systems. · Eagle City Code Section 8-2A-6(D)(2)(d) Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground level, street facing facades are constructed to abut and be oriented to a public sidewalk or plaza. · Eagle City Code Section 8-2A-6(D)(2)(e) Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or plaza level. · Eagle City Code Section 8-2A-6(D)(2)(h) Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review board and city council. · Eagle City Code Section 8-2A-6(D)(2)(i) Detailing: Architectural detailing shall be an important consideration for design approval. Attention to detail in architectural elements shall include, but is not limited to, walls, pilasters, parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves, colors and materials. · Eagle City Code Section 8-2A-6(D)(3)(a) Front building setbacks from the property line shall be a minimum of ten feet (10') to a maximum of twenty five feet (25'). · Eagle City Code Section 8-2A-6(D)(3)(d) Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. · Eagle City Code Section 8-2A-6(D)(4)(a) Continuous front parking areas ( off street) along State Street and Eagle Road is not permitted. · Eagle City Code Section 8-2A-6(D)( 4)( d) Encourage shared parking. Page 7 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc · Eagle City Code Section 8-2A-6(G)(4) Streetlights within the DDA and TDA shall be located a maximum distance of one hundred feet (100') apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other. · Eagle City Code Section 8-2A-6(G)(13) Sidewalks within the TDA shall be a minimum often feet (10') wide and shall abut the curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD book, consisting of smooth 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(K)(2) Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway opemngs. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and Page 8 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. · Eagle City Code Section 8-2A-7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. 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 8-4-4-2(A)(2) Any lights used to illuminate a site shall be arranged to reflect the light away from the adjoining property. . Eagle City Code Section 8-4-4-2(A)(3) Except as noted in subsection A4 of this section, all site lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. . Eagle City Code Section 8-4-4-3(A) Off street parking spaces required by this chapter for any specific use shall not be considered as providing parking spaces for any other use except where ajoint/collective parking facility has been approved pursuant to the following: 1. The applicant shall show that: a. There is no substantial conflict in the principal operating hours of the building, structure or use for which the joint/collective parking facility is proposed; b. The peak hours of parking demand from the uses shall not coincide so that the peak demand will be less than the parking required; c. The shared parking spaces shall serve the uses without conflict; d. The adequacy of the quantity and efficiency of parking provided will equal or exceed the level that can be expected if a joint/collective parking facility was not requested; and e. If a public transit system serves the area, the applicant may provide documentation showing that the parking demand will be reduced. 2. The proposed reduction of required spaces, applicable to each use, shall be shown by the applicant. 3. The city may require the applicant to submit survey data, or additional documentation substantiating a request for a joint/collective parking facility. 4. The joint/collective parking facility may be on a site other than the site where the use is located, but shall be located no further than that permitted by subsection 8-4-4-1 A of this chapter. Page 9 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drfdoc 5. The spaces to be provided shall be available as long as the uses requiring the spaces are in operation. 6. The parties concerned in the joint/collective parking facility shall submit a written agreement in a form to be recorded for such joint/collective use, approved by the city attorney as to form and content, and such agreement, when approved as conforming to the provisions of this chapter, shall be recorded in the office of the county recorder and copies thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall include: a. A guarantee that there will be no substantial alteration in the uses that will create a greater demand for parking; b. A guarantee among the landowners for access to a use of the joint/collective parking facility; c. A provision that the city may require parking facilities in addition to those originally approved upon findings by the city council that adequate parking to serve the uses has not been provided; d. A provision stating that the city council, may for due cause and upon notice and hearing, unilaterally modify, amend, or terminate the agreement at any time; and e. Any other information required to be documented on such agreement by the city in an effort to assure compliance with this title. 7. The zoning administrator may permit a maximum reduction in the number of spaces to be provided not exceeding twenty percent (20%) of the sum of the number of spaces required for each use only if the provisions of this chapter have been met. The maximum allowable reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of the sum of the number required for each use served unless a conditional use is approved by the city council. 8. No use shall be continued if the parking is removed from ajoint/collective parking facility unless substitute parking facilities are provided. · Eagle City Code Section 8-4-5 Offices, medical and dental Personal improvement 1 per 200 square feet of gross floor area 1 per 250 square feet of gross floor area C. DISCUSSION: · On May 26, 2004, City staff approved a design review application for the Eagle Firehouse Community and Arts Center. The City Council permitted the required landscape, streetscape, and parking improvements to be completed at a later date. The use of this building is changing from a community and arts center to a dance studio which is still classified under personal improvement. The applicant is not proposing to modify the footprint or the exterior elevations of this building. The proposed streetscape, parking, and landscape improvements are proposed to be constructed to comply with Eagle City Code. However, there are several code sections that the existing building and site improvements will not meet. Eagle City Code permits the City Council to suspend or relax some or all requirements found in the code to foster rehabilitation of older districts and comply with unforeseen future needs of the overlay district, if the City Council determines a particular site, setting, or use to be of historical significance. Although the site may not be of Page 10 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc historic significance, it is staff's opinion that the previous use (community and arts center) and the dance studio have enhanced this area of town in a positive way by creating a center for personal improvement. This site is located within the Transitional Development Area (TDA). The purpose of the TDA is to provide areas for public parking and service to the Downtown Development Area (DDA) and serve as an area for future expansion of the DDA as market demands grow. Eagle City Code requires sites located within the TDA overlay district to have the buildings located a maximum of twenty five (25) feet from the front property line, to be designed so that at least seventy percent (70%) ofthe building's ground level, street facing facades are constructed to abut or be oriented to a public sidewalk or plaza, the building entries facing a street are required to be recessed a minimum of four (4) feet, and continuous front parking areas (off street) along State Street are not permitted. The existing building is located forty six (46) feet south of the front (north) property line, is not located adjacent to a public sidewalk or plaza area, does not have a four (4) foot recessed entry, and there is parking located in front of the building (on site) along West State Street. Pursuant to past action by the Design Review Board and City Council, applicants have not been required to relocate existing structures to meet the maximum setbacks. Staff defers comment regarding the front setback, plaza area, and recessed entry to the Design Review Board. Regarding the front parking area adjacent to West State Street, unless the location of the building is modified there is physically no other location on this site to accommodate the parking. The applicant is proposing to construct streetscape improvements (Le.: street trees, tree grates, ten (10) foot wide sidewalk) and a landscape buffer adjacent to West State Street. In addition to the streetscape improvements the applicant is removing the two (2) thirty five (35) foot wide curb cut driveways on West State Street and replacing them with curb, gutter, sidewalk, and one thirty six (36) foot wide curb return driveway. Staff defers comment regarding the front parking area adjacent to West State Street to the Design Review Board. · The building is being used as a dance studio which requires twenty five (25) parking spaces (6,200-square feet -:- 250). The applicant is proposing to construct fourteen (14) parking spaces with associated landscaping north of the existing building, which leaves this site deficient eleven (11) parking spaces. The adjacent property (197 West State Street) is a medical office building which has thirty (30) parking spaces located on site. The medical office building requires twenty two (22) parking spaces (4,218-square feet -:- 200) which leaves eight (8) additional parking spaces. The applicant is willing to enter into a joint/collective parking agreement with the property owner of the medical office building to the west of this site to use the eight (8) excess parking spaces associated with that site. If the applicant enters into a joint/collective parking agreement with the adjacent property owner, the dance studio site is still deficient three (3) parking spaces. The applicant has the option to enter into a joint/collective parking agreement with another site or pay a cash in lieu payment in the amount of$17,100.00 (3-parking spaces x $5,700.00/per parking space) to the City for the three (3) parking spaces. A joint/collective parking agreement or cash in lieu payment should be submitted or paid to the City for the three (3) parking spaces prior to the City issuing a zoning certificate for this site. · Currently, all the mechanical units are located on the roof on the south side of the ridge. These units are not visible from the north (West State Street). The applicant is not proposing to screen these units. Per Eagle City Code, all roof mounted mechanicals are required to be completely screened from view through the use of a parapet wall or enclosed within the building. Staff defers comment regarding the existing roof mounted mechanical units and the screening of these to the Design Review Board. · Per Eagle City Code, sidewalks within the TDA are required to be a minimum often (10) feet wide. The sidewalk is required to be constructed to match the sidewalk exhibit within the EASD Page 11 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drfdoc book, consisting of smooth and textured concrete with a "running bond" brick pattern. The majority of the existing five (5) foot wide sidewalk adjacent to this site will be removed to remove the two (2) curb cut driveways and will be replaced with new sidewalk and a curb return driveway. The applicant is proposing to match the sidewalk improvements constructed to the west of this site. When the medical office building located at 197 West State Street received design review approval, the existing five (5) foot wide concrete sidewalk was permitted to be retained and a five (5) foot wide red stamped concrete sidewalk was permitted to be constructed behind the existing sidewalk. The applicant is requesting they be permitted to construct the sidewalk improvements adjacent to their site the same as those to the west of this site for a consistent look. Staff defers comment regarding the sidewalk improvements to the Design Review Board. · Per Eagle City Code, streetlights within the TDA are required to be a maximum of one hundred (100) feet apart. Sheet A1.1, date stamped by the City on February 21,2008, does not show any streetlights to be installed on this site. There is one historic streetlight located approximately twenty (20) feet west of this sites west property line and there is one historic streetlight located approximately forty (40) feet of this sites east property line. The applicant should be required to provide a revised site plan showing one historic streetlight to be located approximately thirty (30) feet west of the east property line. The revised site plan should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. · Sheet A1.1, date stamped by the City on February 21,2008, shows a four (4) foot wide landscape strip on the west side of the driveway and a seven (7) foot wide landscape strip on the east side of the driveway between the sidewalk and the parking lot. Per Eagle City Code, a landscape strip is required when a parking lot is located adjacent to a public right of way. The applicant should be required to provide a revised landscape plan showing how the landscape buffer between the parking lot and West State Street complies with one of the four (4) options provided in Eagle City Code Section 8-2A-7(K)(2). The revised landscape 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. · Sheet A1.1, date stamped by the City on February 21,2008, does not show any perimeter landscaping on the east or west sides of the parking lot. Per Eagle City Code, a minimum of five (5) feet of perimeter landscaping is required between the property lines and the parking lot and is required to be planted with one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. The applicant should be required to provide a revised site and landscape plan showing a five (5) foot wide landscape strip planted with one shade tree and five (5) shrubs per thirty five (35) feet of perimeter on the east and west property lines adjacent to the parking area. The revised site and landscape 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. · Currently, there is one building light fixture over the door located on the north elevation and one building light fixture over the door located on the west elevation that do not comply with Eagle City Code. Per Eagle City Code, any light used to illuminate the site are required to reflect the light away from the adjoining property. All site lighting is required to be recessed or shielded to direct all light downward and the source of the light (including the lamp and any non-opaque material/lens covering the lamp) may not be directly visible by a person of average height. The applicant should be required to remove the non conforming light fixtures located over the doors on the north and west building elevations. The applicant should be required to provide detailed cut sheets of a light fixture to replace the non conforming light fixtures showing the wattage, luminaries, style, etc. The detailed cut sheets should be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Page 12 of18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc 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 April 10, 2008. The application was continued to April 24, 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 (Grubb absent) to approve DR-18-08 for a design review application to modify The Landing Community and Arts Center to a dance studio with site improvements for Mark Priddy, 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 joint/collective parking agreement with the property owner to the west of this site to use the ten (10) eight (8) extra parking spaces located at 197 West State Street. The joint/collective parking agreement shall be reviewed and approved by the City Attorney and recorded prior to the City issuing a zoning certificate for this site. The re-striping plan for the property at 197 West State Street shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 2. Provide a joint/eolleetiye parking agreem.ent '.'/ith another site or pay a eash in lieu payment in the aHlOlmt of $17,1 00.00 (3 parking spaees x $S,700.00/per parking spaee) to the City for the three (3) defieient parking spaees. The joint'eolleetive parking agreement or eash in lieu payment shall be submitted or paid to the City for the three (3) parking spaees prior to the City issuing a zoning eertifieate f-or this site. 3. The revised site and landscape plan date stamped by the City on April 16. 2008. showing a historic street light to be located adiacent to West State Street. is approved. Proyide a revised site plan showing ORe historie streetlight to be loeated approximately thirty (30) feet west of the east property line. The re'lised site plan shall Be revie'.ved and approved by staff prior to the City issuing a zoning eertifieate f-or this site. 4. Provide a revised landseape plan sho'.ving how the landseape buffer between the parking lot and ''vest State Street eomplies '.'/ith Elne of the four (4) options provided in Eagle City Code Seetion 8 2,^. 7(K)(2). The revised Illflaseape plan shall be revie'Ned and approved by staff and tv.o members of the Design Reyie'N Board prior to the City issuing a zoning eertifieate for this site. S. Provide a revised site and landscape plan showing the Boxwood plants. proposed to be located between the parking lot and the sidewalk along West State Street. to be labeled as such and to be a minimum of twenty four (24) inches in height at the time of planting. The revised site and landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. Provide a revised site and landseape plan shov:ing a five (S) f-oot wide landseape strip planted with one sbade tree and five (S) shrubs per thirty fi':e (3S) feet of perimeter on the east and west property lines adjaeent to the parking area. The revised site and Illfl6seape plan shall be reyiewed llfld approved by staff and two members of the Design Revie'N Board prior to the City issuing a zoning eertifieate for this site. Page 13 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc 6. Remove the non conforming light fixtures located over the doors on the north and west building elevations. The applicant shall be required to provide detailed cut sheets of a light fixture to replace the non conforming 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. 7. Repair and paint the stucco band located above the storefront windows where the building wall sign was removed. The stucco shall be repaired and painted prior to the City issuing a Certificate of Occupancy. 8. 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. 9. Provide a detail of the proposed trash enclosure showing the size, height, materials, colors, etc. The detail shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 11. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 12. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 13. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 14. Paint all roof vents to match the color of the roof prior to the City issuing a Certificate of Occupancy. 15. No ground mounted mechanical units are proposed with this application and none are approved. 16. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 17. The revised site and landscape plan date stamped by the City on April 16. 2008. is approved with the exception of the requirement within site specific condition of approval number 5. 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. Page 14 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drfdoc 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 to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs Page 15 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drf.doc 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 00,600 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. 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. Page 16 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drfdoc 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 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 February 21, 2008. 2. Requests for agencies' reviews were transmitted on February 25, 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-18-08) 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. 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 setbacks, parking adjacent to State Street, landscape buffers, front plaza areas, architectural style, etc. 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 previous use of a community and arts center, and the current use of a dance studio, has enhanced this area of the city in a positive way by creating a center for personal improvement. With the approval of the proposed use, this community minded atmosphere will continue contributing to a community committed to supporting children and families. While not wholly in line with Eagle City Code, the proposed landscape improvements will increase the amount oflandscaping within the parking lot of this site, the addition of a walkway from the public sidewalk to the plaza area located near the front of the building will provide a safe area for pedestrians to walk, and the two plaza areas with benches will provide an area for patrons to sit and visit. 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. Page 17 of 18 K:\Planning Dept\Eagle Applications\Dr\2008\DR-18-08 The Landing drfdoc DA TED this 8th day of May 2008. DESIGN REVIEW BOARD OF THE CITY OF EAGLE ~JdahO Eric R. McC Hough, Chairman ATTEST: ~ ~4Y\ - ~*Lt ~vL ~ Sharon K. Bergmann, Eagle City Clerk Page 18 of 18 K:\Planning DeptlEagle ApplicationslDr\2008IDR-18-08 The Landing drfdoc .......... ../~"i OF ~....... ,,' C\. ...........,0 " .... (~O\lPo.,~....~{\\'.,~ :'. '" ~~ ~ . \..... . : ~... J. · : l $ ... SEAL . f -:.~ ;,;. 0,...' .. .... ........., ~ ._ ili."~ 0 /,- ......"li' OF It) po. "." ""'".U"""