Findings - DR - 2009 - DR-23-09 - Construct An Artist Studio And Art Gallery W/Residential Apartments
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW TO CONSTRUCT AN ARTIST )
STUDIO AND ART GALLERY WITH RESIDENTIAL )
APARTMENTS FOR LINDA CROUCH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-23-09
The above-entitled design review application came before the Eagle Design Review Board for their action
on July 9,2009. 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:
Linda Crouch, represented by James Gipson with James Gipson Architect, is requesting design
review approval to construct a 4,211-square foot two story artist studio and art gallery/apartment
building (1 st floor - 2,683-square feet and 2nd floor 1,528-square feet). The 0.16-acre site is located
on the southwest comer of 2nd Street and Idaho Street at 135 North 2nd Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 4, 2009.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 11, 2009, III accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 25, 2003, the Eagle Design Review Board recommended approval of a design
review application for a three story retaiVapartment building (DR-41-03). On January 13, 2004,
the Eagle City Council remanded this application to staff to allow the applicant time to resolve
issues with regard to this project. On July 27, 2004, City Staff sent a letter to the applicant
requesting a letter be submitted to the City on or before August 12, 2004, indicating the
applicant's desire to continue or withdraw the application. On August 13, 2004, no
correspondence had been received by the City with regard to this application, thus the application
was considered withdrawn due to inactivity.
E. COMPANION APPLICATIONS: DR-24-09 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Paved parking
District)
Proposed No Change No Change Commercial! Apartments
North of site Central Business District CBD (Central Business Single Family Residential
District)
South of site Central Business District CBD (Central Business Restaurant
District)
East of site Central Business District CBD (Central Business Single Family Residential!
District) Retail with residence above
West of site Central Business District CBD (Central Business Single Family Residential
District)
G. DESIGN REVIEW OVERLA Y DISTRICT: This site is located in the DDA (Downtown Development
Area).
H. EXISTING SITE CHARACTERISTICS:
This site has been overlaid with asphalt and used as a parking lot; there are no landscaping or
roadway improvements abutting this site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.16-acres (6,926-square feet) 0.0 I-acres (5 OO-square feet -
minimum)
Percentage of Site Devoted to 40% (approximately) 40% (minimum)*
Building Coverage 95% (maximum)*
Percentage of Site Devoted to 30% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 7 -parking spaces 7-parking spaces (minimum)**
Including 2-covered parking Including 2-covered parking
spaces spaces for residential apartments
Front Setback O-feet (east) O-feet (minimum)*
10-feet (maximum)*
Rear Setback 6-feet (west) O-feet (minimum)
Side Setback 6-feet (south) O-feet (maximum)
Side Setback 65-feet (north) O-feet (maximum)
*Note: Required lot coverage and setbacks when located within the DDA.
**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 Proposed Buildings: One building to be used for commercial uses and residential
apartments.
Height and Number of Stories of Proposed Buildings: 26' high; two stories.
Gross Floor Area of Proposed Buildings:
First floor = 2,683-square feet
Second floor = 1.528-square feet
Total = 4,21 I-square feet
On and Off-Site Circulation:
A 2,160-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 24-foot wide driveway is proposed to be located on the side of this site approximately
35-feet south of the southwest comer of 2nd Street and Idaho Street providing access to 2nd Street.
K. BUILDING DESIGN FEATURES:
Roof: Elastomeric membrane (White)
Walls: Robinson BricklThinbrick Old Brick Originals (Schoolhouse color), Stucco (Sherwin
Williams Curio Gray)
Windows/Doors: Vinyl windows (almond), Metal doors (Sherwin Williams Crewel Tan)
Fascia/Trim: Metal trim cap (anodized)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
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 four (4) Capital Flowering Pear trees; three (3)
street trees along 2nd Street and one (1) street tree along Idaho Street.
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, east and west sides of the parking
lot.
b. Interior Landscaping: 0% interior landscaping is required, 6% is proposed.
M. TRASH ENCLOSURES:
One 25-square foot trash enclosure is proposed to be located at the southwest comer of the
building approximately 55-feet west of the alley driveway on 2nd Street. The enclosure is proposed
to be constructed of stucco and thin brick with a metal gate, all of which will match the materials
and colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened by a 3 Yz' high screen wall and gate. No rooftop
mechanical units are proposed with this application and none are approved.
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 AVAILABLE:
A preliminary approval letter from the Eagle Fire Department has been received by the City. A
water service approval has not been received to date. Approval of the water company having
jurisdiction will be required prior to issuance of a building permit.
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 - no
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 - Construct Idaho and 2nd Streets to Y.z of a 40-foot wide street
section, enter into license agreements for any landscaping or sidewalk treatments proposed within
the right-of-way, obtainfire department approval of the bulb-out at Idaho/2nd Street intersection.
Chevron Pipeline - No conflict with the Chevron Pipe Line
Department of Environmental Quality - General comments with regard to air quality, wastewater
and reuse, drinking water, surface water, and hazardous waste.
Eagle Fire Department - A complete set of building plans is required to be submitted to the Eagle
Fire Department for review and approval prior to any building permits being issued.
Idaho Transportation Department - No comment
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Central Business District.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-6(C)(2)(b)
Ground Floor Requirements: The ground floor (street level) of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a variety of
potential uses that may not be contemplated at the time of construction. Examples include:
specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop, department store,
hardware store, other personal services, restaurant or theater or financial services or a parking
garage. Any use must meet the requirements set forth in section 8-2-3 of this chapter.
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· Eagle City Code Section 8-2A-6(C)(2)(c)
Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection C2b of this section including residential use. Any use must meet the requirements
set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground
floor shall be a permitted use. For the purposes of this section a single apartment unit or
multiple apartment units may be permitted.
· Eagle City Code Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum
of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five
percent (25%) glass. The front of any building is the facade that fronts upon any street.
· Eagle City Code Section 8-2A-6(C)( 4)(a)
Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a
landscape buffer shall be provided between the parking lot and any street. Limited parking
potential in the DDA may allow for reduced parking ratios where there is access to public or
shared parking.
· Eagle City Code Section 8-2A-6(C)(4)(b)
Provide on street parking along State Street, I st Street, 2nd Street, Idaho Street, Park Road and
Aikens Road.
· 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.
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· Eagle City Code Section 8-2A-7(K)(I)
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.
· 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 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
(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)
. 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.
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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 8-4-5
Artist studios
Libraries, museums and art galleries
1 per 1,000 square feet of gross floor area
1 for each 400 square feet floor area
C. DISCUSSION:
· The applicant is proposing to construct a 4,21 I-square foot, two story building on the southwest
comer of 2nd Street and Idaho Street. An art studio and gallery are proposed to be located on the
first floor of the bu ilding and two apartments (one - one bedroom apartment and one - two
bedroom apartment) are to be located on the second floor. The architectural style of the building is
Italianate and appears to have three different store fronts. Each one of these store fronts is
symmetrical with regard to the door and window layout. A variety of well blended materials and
colors are proposed to be used on the fas:ade of this building.
The applicant is proposing to construct the parking lot in the northern portion of the property. The
applicant's representative states within the justification letter, date stamped by the City on June 4,
2009, the applicant desires to have greater visibility from State Street and access to the alley for
deliveries, thus the building has been located in the southern portion of the property. Eagle City
Code recommends that parking be located to the side or rear of buildings and be screened so that it
does not dominate the streetscape. The applicant is proposing a four foot (4') wide planter to be
located between the proposed parking lot and the sidewalk to be planted with White Carpet Rose
and Blue Fescue. Staff defers comment to the Design Review Board regarding the proposed
location of the parking lot and proposed landscaping within the four foot (4') wide planter between
the parking lot and sidewalk.
· The elevation plans date stamped by the City on June 4, 2009, show approximately thirty seven
percent (37%) glass on the ground floor and approximately twenty two percent (22%) on the
second floor. Per Eagle City Code all buildings are to include a "storefront" on the ground floor
consisting of a minimum of fifty percent (50%) glass and any floors above the main floor are to
have a minimum of twenty five percent (25%) glass. The applicant should be required to provide
revised building elevations showing fifty percent (50%) glass on the ground floor building
elevation and twenty five percent (25%) on the second floor building elevation. The revised
building elevations should be reviewed and approved by staff and two members of the Design
Review Board prior to the City issuing a zoning certificate for this site.
· The landscape plan date stamped by the City on June 4, 2009, indicates "HS" and "CO" plant
material to be planted between the parking lot and the west property line, however, the plant
schedule does not describe what these plants are. Eagle City Code requires as five foot (5') wide
by six foot (6') high landscape buffer when a parking lot abuts a residential activity. The applicant
should be required to provide a revised landscape plan indicating the species and size of what
"HS" and "CO" are to be. The revised landscape plans should 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.
· The landscape plan date stamped by the City on June 4, 2009, does not show any landings for the
two man doors proposed on the west building elevation and the location of the ground mounted
mechanical units is shown to be located in front of one of the doors. The applicant should be
required to provide a revised landscape plan showing unobstructed concrete landings for the two
man doors proposed on the west building elevation. The revised landscape plan should be
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reviewed and approved by staff and one member of the Design Review Board prior to the City
issuing a zoning certificate for this site.
· 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 July 9, 2009, 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 5 to 0 (Butler abstained, Barnes absent) to approve DR-23-09 for a design review
application to construct an art studio and art gallery building with residential apartments for Linda
Crouch, 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:
I. The elevation plans, date stamped by the City on June 4, 2009, showing approximatelv thirty seven
percent (37%) and twenty two percent (22%) glass on the first and second floors respectively are
approved. Provide revised building elevations she'Ning fifty pereent (59%) glass on the grOl:md fleor
building ele'latien and twenty fi'le pereent (25%) on the seeena fleor building eleyation. The revised
building eh~'lations shall be revie'lled IlfId appro'led by staff IlfId two members of the Design Revie"'/
Board flrior to the City issl:Iing a zoning eertifieate fer this site.
2. Provide a revised landscape plan indicating the species and size of what "HS" and "CO" are to be.
The revised landscape plans 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.
3. Provide a revised landscape plan showing unobstructed concrete landings for the two man doors
proposed on the west building elevation. 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.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
8. Rooftop hoods, vents, access ladders shall not be permitted to extend above the parapet walls.
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9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application. A separate design review application (DR-24-09) has been
submitted for the approval of building wall signage for this building. The sign plan shall be reviewed
and approved prior to the City issuing a zoning certificate for this site.
II. Provide a revised landscape plan redesigning the planter bed adiacent to the south building elevation.
The redesign shall include smaller plant material and shall show the removal of anv lavender plants
located in close proximity to the entrances of the building. The revised landscape plan shall be
reviewed and approved staff and one member of the Design Review Board prior to the City issuing a
zoning certificate for this site.
12. The overhead garage door (Somerset door with Stockbridge windows) proposed on the south building
elevation is approved.
13. Provide revised building elevations showing the west building elevation to have a third matching
window added to the office area located on the first floor. The revised building elevation 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.
14. The fabric awnings proposed on this building shall be black.
15. Provide revised building elevations showing the brick wainscoting to extend the entire length of the
north building elevation. The revised building elevations shall be reviewed and approved bv staff and
one member of the Design Review Board prior to the City issuing a zoning certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
I. 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 a Zoning Certificate for this site.
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.
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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 shaH 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.
II. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
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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 ofthe Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
Installation of such changes. Failure to do so may result in the requirement to modifY the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
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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:
I. The application for this item was received by the City of Eagle on June 4, 2009.
2. Requests for agencies' reviews were transmitted on June II, 2009, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-23-09) 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.
The Board recognizes that Eagle City Code requires parking to be located to the side or rear of any
proposed development but likes the design of the building and how it fronts 2nd Street and the alley to
provide more visibility from State Street. The landscaping proposed between the parking lot and the
public streets will be adequate to screen the parked cars within this development.
The Board recommends that the reduced percentage of glass proposed on the east building elevation be
allowed, as the design, detail features, materials, and colors proposed to be used in the construction of
this building provide a pleasing storefront appearance and the overall appearance of the building
complies with the EASD book.
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.
DA TED this 23rd day of July 2009.
ATTEST:
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Page 13 of 13
K\Planning Depl\Eagle Application,lDr\2009IDR-23-09 Fu,ion, Bldg and Apts drf.doc