Findings - DR - 2009 - DR-83-08 - Convert A Residential Dwelling Into An Art Studio And Gallery
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONVERT A RESIDENTIAL )
DWELLING INTO AN ART STUDIO AND GALLERY )
FOR KELLY BEACH ART STUDION AND GALLERY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-83-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 22, 2009. 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:
Kelly Beach Art Studio and Gallery, represented by Lynn Brown Architect, is requesting design
review approval to convert a 2,372-square foot residential dwelling into an art studio and gallery.
The 0.34-acre site is located on the west side of North 1 st Street approximately 600-feet north of
East Idaho Street at 237 North 1 st Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 4,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 19, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 21, 2008, the Eagle City Council approved a comprehensive plan amendment for
eleven parcels from residential four to central business district and a rezone from R-4 to CBD for
four of those eleven parcels (CPA-3-08 & RZ-7-08).
E. COMPANION APPLICATIONS: None
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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 Single-family dwelling
District)
Proposed No Change No Change Art Studio and Gallery
North of site R-4 (Residential- up to four
Central Business District dwelling units per acre Single-family dwelling
maximum)
South of site Central Business District CBD (Central Business Single-family dwelling
District)
East of site Central Business District CBD (Central Business Single-family dwelling
District)
West of site R-4 (Residential- up to four
Central Business District dwelling units per acre Single-family dwelling
maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Transitional Development
Area.
H. EXISTING SITE CHARACTERISTICS:
There is a 2,372-square foot residential dwelling with numerous mature trees located throughout
the site.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.34-acres (14,81 O-square feet) O.Ol-acres (500-square feet)
Percentage of Site Devoted to 16% (approximately) 20% (minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 88% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 5-parking spaces 4-pakring spaces**
Front Setback 36-feet (east) 1 O-feet (minimum)*
25-feet (maximum)*
Rear Setback 51-feet (west) O-feet (minimum)
Side Setback 10-feet (north) O-feet (minimum)*
10-feet (maximum)*
Side Setback 37-feet (south) O-feet (minimum)*
10-feet (maximum)*
*Note: Setbacks and lot coverage when located within the TDA.
**Note: Based on I-parking space per 700-square feet (700 is based on the average parking required
for artist studios and art galleries).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: One existing building to be used as an art studio/gallery
Height and Number of Stories of Existing Buildings: 20-feet high, one story with a loft.
Gross Floor Area of Proposed Buildings:
Main Floor
Loft
Garage
Total
= 1,680-square feet
= 230-square feet
= 462-square feet
= 2,372-square feet
On and Off-Site Circulation:
AI, 71 O-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 25-foot wide driveway is proposed to be located on the east side of this site
approximately 37-feet north of the southeast comer of the site providing access to North 1 st Street.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Shingles (brown)
Walls: Vertical wood siding (tan), brick veneer (tan)
Windows/Doors: Vinyl Windows (white), wood door (tan)
Fascia/Trim: Wood fascia and trim (tan)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous trees located
throughout this site that are to be retained.
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 street trees along North 1 st Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping has been proposed around the perimeter of the parking
lot. It should be noted that the drainage swales for the parking lot are also located
between the parking lot and the property lines of this development.
b. Interior Landscaping: 0% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
The applicant is planning on locating the trash totes on the north side of the building behind the
existing fence. This is where the trash totes were located when this building was used as a
residence.
N. MECHANICAL UNITS:
There is an existing ground mounted mechanical unit located on the north side of the building.
The ground mounted mechanical unit is located behind the existing fence. The applicant is not
proposing to add anything to screen this unit.
O. 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.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. 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 because
there is no water system in this area north ofIdaho Street. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit or approval from Central
District Health Department allowing the existing well to service this site will be required.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. 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 - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Sidewalk is required adjacent to this site. Any landscape
improvements within the right-of-way will require a license agreement. Street trees need to need
to meet the District's Tree Planter Policy.
Central District Health - If the property is served by a well, the applicant shall contact CDHD
about considering a transient non-community water system.
Chevron Pipeline - No conflict
Eagle Fire Department - No opposition but a complete set ofbuilding plans are required to be
submitted and reviewed by the Eagle Fire Department.
Idaho Transportation Department - No comment
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated January 6, 2009 (see attached).
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 8-2-1
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
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neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-l, R-2, R-3, R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and lot split applications submitted
after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-
E). Whenever there is a conflict or difference between the provisions ofthis section and those
of other chapters and/or other titles, the chapter or title with the more restrictive provision shall
prevail.
· 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)(t)
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.
· 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)(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)(c)
Structures shall be visually tied to adjoining structures. Examples of methods to visually tie
such structures together include screening walls, facade walls, courtyards and landscaping.
· 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)(3)(t)
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 requirement may be reduced by the council for the purpose of
providing adequate on site parking in accordance with provisions of this title for structures that
include residential uses on floors other than the ground floor.
· Eagle City Code Section 8-2A-6(D)(4)(c)
Shared drive access points to parking shall be used wherever possible.
· Eagle City Code Section 8-2A-6(D)(4)(d)
Encourage shared parking.
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· Eagle City Code Section 8-2A-6(D)(4)(e)
Off street public parking areas may be required. Where these facilities occur adjacent to
existing residential development, a continuous six foot (6') high masonry wall with landscape
treatment or a separate landscape barrier will be required to mitigate sound and visual impact.
Safe pedestrian and bicycle connections between the residential neighborhood and the off
street parking area should be provided if feasible.
· Eagle City Code Section 8-2A-6(G)
Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian
lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and
number of amenities vary within the different overlay districts of the city. In areas anticipated
to have higher concentrations of pedestrian use wider sidewalks and a further varied number
of amenities are to be made available to enhance the pedestrian experience and to further
encourage the health of the business community. Examples of streets cape design and
amenities are shown within the EASD book.
· Eagle City Code Section 8-2A-6(G)(1)
Street trees shall comply with the requirements contained in section 8-2A-7 of this article. Any
tree located within a concrete area shall include tree grates and tree wells as depicted on the
tree well and tree grate exhibit within the EASD book. Root barriers shall be required to limit
future sidewalk damage from tree roots.
· Eagle City Code Section 8-2A-6(G)(1)
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)(10)
Public art is encouraged and/or areas should be made available for the placement of public art
in the future.
· Eagle City Code Section 8-2A-6(G)(11)
Furnishings shall be required for all applications incorporating streetscape improvements,
pedestrian areas and/or plaza areas. Furnishings may include flagpoles, benches,
seating/tables, planters, bike racks, outdoor clocks, drinking fountains, wall lamps, waste
receptacles and other similar amenities as may be approved by the design review board.
Furnishing examples are depicted within "urban accessories" section of the EASD book.
· Eagle City Code Section 8-2A-6(G)(13)
Sidewalks within the TDA shall be a minimum of ten 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.
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· Eagle City Code Section 8-2A-7(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city.
· Eagle City Code Section 8-2A-7(C)(2)
Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection C 1 of this section.
· Eagle City Code Section 8-2A-7(C)(3)
Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
· Eagle City Code Section 8-2A-7(E)(3)
Root barriers shall be installed for all new trees planted adjacent to existing or proposed public
or private sidewalks and paving.
· Eagle City Code Section 8-2A-7(E)(7)
All landscaped areas adjacent to vehicular areas are to be protected with an approved curbing
material.
· Eagle City Code Section 8-2A-7(J)(1)
Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities, activities, or different intensities of use, such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
· 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.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
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.
· Eagle City Code Section 8-2A-7(J)(3)
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or decorative
wall.
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c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents
the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
· Eagle City Code Section 8-2A-7(K)
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
Parking should be located to the side and rear of buildings and shall be screened so that it does
not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to screen
parking areas (chain link fencing shall not be permitted). In the design of large parking areas,
arrange bays of parking spaces to be separated by landscaping. When parking lots occur on
sloping terrain, step the parking lots to follow the terrain rather than allowing the lot surface to
extend above natural grade.
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
openings.
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. (Ord. 462, 11-11-2003)
(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
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(B) Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area. (Ord.
434, 1-14-2003)
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 8-3-2(D)
Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and
multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or
fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose
the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access
to and from such area or areas for collection of trash and/or garbage as determined by the
administrator shall be provided.
· 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.
. Eagle City Code Section 8-4-5
Artist studios
Libraries, museums and art galleries
C. DISCUSSION:
I per 1,000 square feet of gross floor area
I for each 400 square feet floor area
· On October 21, 2008, the Eagle City Council approved a comprehensive plan amendment for this
site and ten other parcels from residential four to central business district. A rezone application for
this site and three other parcels was approved to rezone the properties from R-4 to CBD on the
same date (CPA-3-08 & RZ-7-08). The applicant is proposing to convert an existing 2,372-square
foot residential dwelling into an art studio/gallery. The applicant is incorporating craftsman style
elements on the east building elevation to emphasize the craftsman style of architecture on this
building. Three (3) roof dormers are proposed to be added to the roof and tapered columns and
handrail are proposed to be added along the entry walkway. The applicant is proposing to convert
the garage into a workshop for artist. The solid garage door will be removed and replaced with a
new glass overhead door to provide natural light to those working in this area, as well as allowing
the artists to roll the door up so that they can work on the patio or on occasion have gatherings to
promote their work. Two small patios are proposed to be constructed with this project, one at the
southeast comer of building (under the Austrian Pine tree) and the other on the east side of the
building in front of the glass overhead door. A ten foot (10') wide sidewalk with a stamped brick
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pattern is proposed adjacent to North 1 st Street with street trees to be planted in half moon shaped
planters. The parking for this development is proposed on the east side of the building between
North 1 st Street and the building.
· As mentioned in the discussion bullet above, the Comprehensive Plan was changed to include this
area into the Central Business District. This area also falls under the Transitional Development
Area overlay district which requires specific front and side setbacks for buildings, building lot
coverage, store front windows, streetscape, location of parking, landscaping, etc. It was not the
intent to completely eliminate the residential element from this area but to provide a mix of uses to
reestablish the downtown as a full-service component of the community. Dwellings near the
downtown area contribute to an active, livable, and vibrant downtown since residents will have the
opportunity to easily visit local merchants rather than travel greater distances to obtain goods and
services. With that said, there are numerous code sections that this site does not comply with. The
following is a list of the codes that, in staffs opinion, should be addressed with this application.
That is not to say that there are not others that should be considered.
· Eagle City Code Section 8-2-1
R RESIDENTIAL DISTRICT: To provide regulations and districts for various
residential neighborhoods. Gross density in an R district shall be determined
according to the numeral following the R. The numeral designates the maximum
number of dwelling units per acre. Multi-family and two-family
units/developments are prohibited in R-l, R-2, R-3, R-4 and R-5 zoning districts,
unless approved as part of a planned unit development (PUD). Centralized water
and sewer facilities are required for all subdivision and lot split applications
submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E). Whenever there is a conflict or
difference between the provisions of this section and those of other chapters
and/or other titles. the chapter or title with the more restrictive provision
shall prevail.
· 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)(t)
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.
· Eagle City Code Section 8-2A-6(D)(3)(a) (Only if building additions are proposed)
Front building setbacks from the property line shall be a minimum often feet (10')
to a maximum of twenty five feet (25').
· Eagle City Code Section 8-2A-6(D)(3)(b) (Only ifbuilding additions are proposed)
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)(t) (Only ifbuilding additions are proposed)
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
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parking shall be provided for. The minimum lot coverage requirement may be
reduced by the council for the purpose of providing adequate on site parking in
accordance with provisions of this title for structures that include residential uses
on floors other than the ground floor.
· Eagle City Code Section 8-2A-6(D)(4)(c)
Shared drive access points to parking shall be used wherever possible.
· Eagle City Code Section 8-2A-6(D)(4)(d)
Encourage shared parking.
. Eagle City Code Section 8-2A-6(G)
Streetscape: Streetscape improvements are to include street trees, streetlights,
pedestrian lighting, bollards, public art, kiosks and furnishings. The scope of
streetscape design and number of amenities vary within the different overlay
districts of the city. In areas anticipated to have higher concentrations of
pedestrian use wider sidewalks and a further varied number of amenities are to be
made available to enhance the pedestrian experience and to further encourage the
health of the business community. Examples of streets cape design and amenities
are shown within the EASD book.
· Eagle City Code Section 8-2A-6(G)(1)
Street trees shall comply with the requirements contained in section 8-2A-7 of this
article. Any tree located within a concrete area shall include tree grates and tree
wells as depicted on the tree well and tree grate exhibit within the EASD book.
Root barriers shall be required to limit future sidewalk damage from tree roots.
· Eagle City Code Section 8-2A-6(G)(1)
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.
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· 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.
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.
· Eagle City Code Section 8-2A-7(K)
1. Visual Impact: Landscaping shall be provided to minimize the visual impact of
off street parking:
Parking should be located to the side and rear of buildings and shall be screened
so that it does not dominate the streetscape. Fences, hedges, berms, and
landscaping may be used to screen parking areas (chainlink fencing shall not be
permitted). In the design of large parking areas, arrange bays of parking spaces to
be separated by landscaping. When parking lots occur on sloping terrain, step the
parking lots to follow the terrain rather than allowing the lot surface to extend
above natural grade.
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 openings.
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. (Ord. 462, 11-11-2003)
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(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
(B) Any such proposed design alternative is compatible with the
overall site design of the entire project and is compatible with the
surrounding area.
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 8-3-2(D)
Enclosed Trash Areas: All trash and/or garbage collection areas for commercial,
industrial and multi-family residential uses shall be enclosed on at least three (3)
sides by a solid wall or fence of at least four feet (4') in height, and a solid wood
gate on a metal frame shall enclose the fourth side, or shall be within an enclosed
building or structure. Adequate vehicular access to and from such area or areas for
collection of trash and/or garbage as determined by the administrator shall be
provided.
· While it is not a requirement of code, staff would like to discuss the possibility of having alleys
along the shared rear property lines of the parcels that abut Eagle Road and North 1 st Street. If
access to these properties was obtained from an alley, the driveways along Eagle Road and North
I st Street could be greatly reduced and thus parking could be proposed at the rear of the structures.
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on January 22,2008, 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 5 to 0 (Niblett abstained, Whittaker absent) to approve DR-83-08 for a design
review application to convert a residential dwelling into an art studio and gallery for Kelly Beach
Art Studio and Gallery, with the following staff recommended site specific conditions of approval
and standard conditions of approval with text shown with strike thru to be deleted by the Board
and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The existing bHilding shall be connected to Eagle Water Company, Inc. or comply with all
requirements of the Central District Health Department if the priyate 'Nell is to be utilized for this
project prior to a certifieate of occHpaney being issued for this site.
2. The east elevation plan date stamped bv the City on December 4. 2008. is approved. Provide revised
eleyatiofl plans showing a minimum of 50% glass 01'1 the first fl00f of the east bHilding elevation. The
reyised ele'/ation plans shall be reyiewed and approyed by staff and one member of the Design Revievl
Board prior to the City issuing a zoning certificate for this site.
3. Provide a revised site and landscape plan showing the parking lot to be loeatea to the side or rear of the
bHilding. The revisea site and landseape plan shall be n:'1'Iiewed and approyed by staff and two
members ofthe Design Re'/iew Board prior to the City issHing a zoning certificate for this site.
4. Provide a revised site plan showing one historic street light along North 1 st Street. The location of the
street light is to be determined by the City. The revised site plan shall be reviewed and approved by
staff prior to the City issuing a zoning certificate for this site.
5. Provide a revised site plan showing the sidewalk improvements including vertical curb (if approved by
the ACHD) along North 1 st Street to match that which is specified within the EASD book, as well as
planting the street trees within tree wells with the standard City of Eagle tree grates. The revised site
plan 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. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application. A separate design review application is required to be
reviewed and approved prior to the installation of any signs on this site.
12. Provide a revised landscape plan showing the parking lot eliminated. Provide a revised landscape plan
showing additional landscape material. pedestrian access to the site. and large patio areas all to create a
pedestrian feel and sense of place for gatherings and workshops. The revised landscape plan shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
13. All patio areas shall be limited to brick pavers or concrete pavers. The color and pattern to be used
shall be reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site.
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14. Provide detailed cut sheets showing the style, color, and material to be used for the front door and the
glass overhead door. The detailed cut sheets shall be reviewed and approved by staff and one member
of the Design Review Board prior to the City issuing a zoning certificate for this site.
15. The following recommendations from the City Forester's memo dated January 6,2009, shall be
required:
1) The Austrian Pine tree needs to have a City approved protection plan in place prior to any
construction on site.
2) Shrub planting detail and deciduous tree planting detail both have the following items to
change:
a. "Conditioned soil mix existing soil 50/50 with new earth compost or equal" which
should be eliminated. Creating a pot effect in a planting hole is not a beneficial
practice.
b. "Compacted base 8" deeper than rootball" should be eliminated. It is not beneficial to
over-dig the depth of the hole. Instead, the hole should be dug wider than and only as
deep as the rootball after removing excess soil over the root flare.
3) Add to planting detail notes:
a. If staking is necessary, it shall be with two stakes, one each side of the tree and
attached to tree with webbing, arbor tie, or polychain. The ties should be no more
than 1/3-2/3 the distance of the ground to the lowest scaffold branch and loosely
attached. Align the stakes in the direction of the prevailing winds. Stakes should
never be tied directly to the tree.
b. Probe rootball to locate highest structural root. Remove excess soil over highest
structural root and plant tree with root flare at or slightlv above grade level.
4) Landscape contractor shall meet with City Forester prior to beginning construction to discuss
City requirements and expectations.
5) Add item #15 to General Notes to include that planting techniques shall conform to ANSI
A300 (part 6 transplanting, most recent edition) transplanting standards.
16. The applicant shall be required to enter into an easement agreement for a future alley to be located
along the entire length of the western 12-feet of this property. The agreement shall include a provision
for land to be dedicated as a public right-of-way if a future iurisdictional authority requires the land to
be public right-of-way verses an easement. The purpose of the easement/right-of-way is for a planned
24-foot wide public allev way extending from Mission Drive to the existing east/west public allev
right-of-way located approximately 90-feet south of this site or to Idaho Street. The easement
agreement shall be reviewed and approved by the City Attorney and shall be executed and recorded
prior to the issuance of a certificate of occupancy for this property.
17. The overhead utilities are permitted to remain until such time the future north/south access/alley is
constructed. Upon construction ofthe future north/south access/alley, all overhead utilities are to be
located underground to this site.
18. This property is limited to the use of an art/gallery as described in the application and specifically per
the applicant's iustification letter dated December 5, 2008, or to any less intensive use as allowed
within Eagle City Code.
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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
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
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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, ~eeds 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 00,600 square feet, and 1,500
gallons per minute for non-residential uses (Le.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
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
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Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
elect to take those plans to the Design Review Board and the City Council for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
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 December 4,2008.
2. Requests for agencies' reviews were transmitted on December 19, 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-83-08) 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 conform with several areas of the code regarding building
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setbacks, lot coverage, locating overhead utilities underground, and parking requirements. 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 approval of the proposed use of
an art gallery and art studio will enhance this area of the city in a positive way. The site is expected to
become a popular public gathering place in which one may enjoy and support local art. The Board
determined that the construction of a parking lot in front of the art studio/gallery would not
complement the residential feel anticipated for this area would hinder any future building expansions
to the east, nor provide an inviting entrance to the site. The Board recognizes that parking areas in the
Transitional Development Area overlay district are to be located to the side or rear of developments;
however, there are mature trees located south of the existing structure that would require removal in
order to construct the parking area or provide a driveway to a parking lot located on the west side of
the structure (backyard). It is the Board's recommendation that in order to retain the existing trees to
the south of the building, to eliminate a large expanse of asphalt between the building and 1 st Street,
and to provide an area for future building expansion to the east, the parking should not be required.
By not requiring parking on this site at this time, the Board concluded that the use of this site shall be
limited to an art studio/gallery or other less intensive use as may be allowed within Eagle City Code.
The Board determined that in the future, as this area transitions to commercial uses, a 24- foot wide
alley/easement should be constructed along the shared property lines of all the properties adjacent to 1 st
Street and Eagle Road (south of Mission Drive and north of the east/west alley located one parcel north
of Idaho Street). This alley/easement should connect from Mission Drive to Idaho Street or to the
east/west public alley located north of all the properties located adjacent to Idaho Street between Eagle
Road and 15t Street. This future alley/easement would provide access to the rear of the properties
allowing the applicants to locate and access parking at the back of the commercial developments. This
also eliminates the need to locate the parking in front of the commercial uses along l5t Street and Eagle
Road, creating more opportunity to expand the buildings toward the street frontage pursuant to the
Transitional Development Area overlay district. By creating a future north/south alley/easement in this
area the number of potential conflicts can be reduced for drivers in the area by eliminating several of
the driveways that currently provide access to Eagle Road and 1 st Street.
The Board recognizes that there are overhead utilities to this site and that Eagle City Code 8-2A-
6(A)(5) requires overhead utilities to be located underground, however, they concluded that now is not
the time to bury these utilities. By requiring the utilities to be buried now, a large trench would be
extended from the southwest comer of the site to the south side of the building, across the roots of at
least one of the mature trees located on this site. Because all the utilities are located overhead down
the shared rear property lines of the parcels located between Eagle Road and 1 st Street and because the
Board sees that it is a benefit to preserve the mature trees on this site, they recommend that burying the
overhead utilities be postponed until the north/south alley/easement is constructed.
It is with these improvements that the Board recommends approval of this project as proposed and
with the modifications noted herein.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district) zoning district.
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DATED this 12th day of February 2009.
DESIGN REVIEW BOARD
~~!
Eric R. McCullough, Chairman
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