Findings - DR - 2011 - DR-32-10 & WA-02-10 - Dr & Waiver To Convert A Dance Studio To A Multi-Tenant Retail Pharmacy, Retail/Medof BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW AND WAIVER TO CONVERT A )
DANCE STUDIO TO A MULTI-TENANT RETAIL- )
PHARMACY,RETAIL OR MEDICAL OFFICE, )
AND STORAGE BUILDING FOR SHAH AFSHAR )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-32-10&WA-02-10
The above-entitled design review and waiver applications came before the Eagle Design Review Board for
their consideration on January 13, 2011. 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:
Shah Afshar, represented by Walter Lindgren with Johnson Architects, is requesting design review
and waiver approval to convert a 6,556-square foot dance studio to a multi-tenant retail-pharmacy
(3,590-square feet), retail or medical office (1,599-square foot), and storage area (1,367-square
feet). The 0.30-acre site is located on the south side of West State Street approximately 60-feet
west of Olde Park Place at 149 West State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 15, 2010.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 16, 2010, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 26, 2004, the Eagle City Council approved a design review application for a community
and arts center for this site (DR-65-04). The City Council permitted the required landscape,
streetscape, and parking improvements to be completed at a later date.
On May 13, 2008, the Eagle City Council approved a design review application for The Landing
Community Center Dance Studio and Site Improvements(DR-18-08). No changes to the footprint
or exterior elevations of the building were proposed. Streetscape, parking, and landscape
improvements were proposed with the approval of DR-18-08. The proposed site, landscape, and
building elevations did not comply with several sections of Eagle City Code with regard to the
front building setback, location of the parking, landscape buffers, front plaza areas, and
architectural style of the building; the Council approved the application with the site specific
conditions of approval noted within DR-18-08. The Council determined that the proposed use
provided a community minded atmosphere and offered a venue to support children and families.
E. COMPANION APPLICATIONS:None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-public CBD(Central Business Dance Studio
District)
Proposed No change No Change Retail-Pharmacy, Retail/
Medical Office/Storage
North of site Central Business District CBD(Central Business Bank Facility with Drive-
District) up Service (US Bank)
South of site Central Business District R-4 (Residential) Residential Dwelling
East of site Public/Semi-public CBD (Central Business Vacant Lot
District)
West of site Central Business District CBD(Central Business Medical Office
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA(Transitional
Development Area).
H. EXISTING SITE CHARACTERISTICS:
There is an existing 6,556-square foot building located on the southern portion of this site with a
paved parking area located between the building and West State Street. The site is accessed by
two(2)thirty five (35) foot wide curb cut driveways on West State Street.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.31-acres (13,717-square feet) 0.01-acres(500-square feet)
(minimum)
Percentage of Site Devoted to 50%(approximately) 20%(minimum)*
Building Coverage 85%(maximum)*
Percentage of Site Devoted to 17% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 17-parking spaces 24-parking spaces (minimum)
Front Setback 34-feet(north) 10-feet(minimum)*
25-feet(maximum)*
Rear Setback 0-feet(south) 0-feet(minimum)
Side Setback 7-feet(west) 0-feet(minimum)*
10-feet(maximum)*
Side Setback 0-feet(east) 0-feet(minimum)*
10-feet(maximum)*
*Note: Setbacks and lot coverage when located within the TDA overlay district.
J. PARKING ANALYSIS:
Retail-Pharmacy:
3,590-square feet
• ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
"Retail sales not listed under another use classification"uses:
3,590_250=14.36-parking spaces required
Medical or Office Space:
1,599-square feet
• Parking requirements per ECC Section 8-4-5: 1 parking space per 200-square feet of gross
floor area for"Medical/Dental Office"uses:
1,599=200=7.99-parking spaces required
Storage Area:
1,367-square feet
• Parking requirements per ECC Section 8-4-5: 1 parking space per 1,000-square feet of
gross floor area for"Storage (enclosed building and/or fenced area)"uses:
1,367=1,000= 1.36-parking spaces required
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PARKING REQUIRED FOR THIS MULTI-USE BUILDING
Retail-Pharmacy: 14.36-parking spaces
Medical or Office: 7.99-parking spaces
Storage Area: 1.36-parking spaces
Total: 23.71 =24-parking spaces
The site plan shows a total of 17-parking spaces to be located on this site, seven(7) less then what is
required for the proposed uses pursuant to Eagle City Code.
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a retail-pharmacy, retail or
medical office, and enclosed storage area.
Height and Number of Stories of Proposed Buildings: 21-feet high; one story.
Gross Floor Area of Proposed Buildings: 6,556-square feet.
On and Off-Site Circulation:
A 4,998-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 north side of this site
approximately 25-feet east of the west property line providing access to West State Street.
L. BUILDING DESIGN FEATURES:
Roof: Composition shingles(tan/light brown)
Walls: Brick(bark brown), stucco(antique white)
Windows/Doors: Store front aluminum windows and doors(dark bronze)
Fascia/Trim: Wood fascia(rookwood red)
Pergola: Metal(Sheraton sage)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees located on this
site.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing to install three (3) Greenspire Linden trees along West
State Street within tree wells with street tree grates with the City Seal.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on a portion of the north and east sides of the
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parking and entirely along the west side of the parking area.
b. Interior Landscaping: 5% interior landscaping is required, 7% is proposed.
N. TRASH ENCLOSURES:
One 47-square foot trash enclosure is proposed to be located near the northeast corner of the
building approximately 80-feet southeast of the driveway on West State Street. The enclosure is
proposed to be constructed of brick that will match that which is currently on the building and
metal gates that will be painted to match the new pergolas.
O. MECHANICAL UNITS:
There are existing roof top mechanical units that are visible from the south elevation. These units
are not visible from the north (West State Street). The applicant is not proposing to screen these
units. No additional units are proposed with this modification.
P. OUTDOOR LIGHTING:
The applicant is not proposing to modify or add any additional building or parking lot lights. The
light over the front door located on the north elevation and the lights over the doors located on the
west elevation do not comply with Eagle City Code. A site and parking lot light plan showing
location, height, and wattage is required to be reviewed and approved by the Zoning Administrator
prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
S. PUBLIC USES PROPOSED:None
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees -no
Riparian Vegetation-no
Steep Slopes -no
Stream/Creek-no
Unique Animal Life -no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat- no
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V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Boise River Flood Control District#10—No specific recommendations.
Central District Health—If retail food is to be sold a Food Service License may be required.
Chevron Pipeline—No conflict with the Chevron Pipeline.
Department of Environmental Quality—No issues with the proposed use. State and Federal rules
and regulations for air, water, waster, and the overall environment.
Eagle Fire Department—No opposition to this application and support approval. A complete set
of building plans is required to be submitted to the Eagle Fire Department for review and
approval prior to occupancy.
Eagle Sewer District— The site is serviced by central sewer. This change of use will require the
applicant to submit building plans in order for the District to review possible additional
impacts to the system. If additional impacts are proposed to the system, additional fees
will be required to be paid prior to the District signing off on the final occupancy.
X. 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 Public/Semi-Public.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-3: EFFECT OF OTHER PROVISIONS:
If any provision of this article is found to be in conflict with any other provision of any zoning,
building, fire safety or health ordinance or other provision of this code, the provision which
establishes the higher and/or more restrictive design standard shall prevail. However, in order
to foster rehabilitation of older districts and comply with unforeseen future needs of the
overlay districts,the city council may, at their discretion, suspend or relax some or all
requirements found in this code, if the city council determines a particular site, setting, or use
to be of historical significance.
• Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles,themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
1 may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD book will
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not be considered. A copy of the EASD book is available at Eagle City Hall.
• Eagle City Code Section 8-2A-6(A)(2)
Site Landscaping: The site landscaping shall minimize impact on adjacent properties through
the proper use of screening with sound and sight buffers, and unsightly areas shall be
concealed or screened and the design review board shall consider:
a. The location,height, and materials of walls, fences, hedges and screen plantings to
ensure harmony with adjacent development;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas,trash receptacles, service areas,truck loading areas,utility
buildings and other unsightly developments;
• Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall(e.g.,the perspective generally as shown on an elevation
plan);
• Eagle City Code Section 8-2A-6(D)(2)(d)
Orientation: Shall be designed so that at least seventy percent(70%)of the building's ground
level, street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
• Eagle City Code Section 8-2A-6(D)(2)(e)
Accessibility: Shall be visually and physically accessible to the pedestrian at the sidewalk or
plaza level.
• Eagle City Code Section 8-2A-6(D)(2)(h)
Building Entries: Building entries facing a street shall be recessed a minimum of four feet(4').
Exceptions may be permitted if another building entry design feature can meet the intent of
this requirement and is approved by the design review board and city council.
• Eagle City Code Section 8-2A-6(D)(3)(a)
Front building setbacks from the property line shall be a minimum of ten feet(10')to a
maximum of twenty five feet(25').
• Eagle City Code Section 8-2A-6(D)(3)(d)
Front and street side setbacks shall be for pedestrian amenities and the city encourages joint
efforts between adjoining property owners. Suggested amenities include: public art, landscape
treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor dining, plazas,
streetscape extension and bike racks.
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• Eagle City Code Section 8-2A-6(D)(4)Parking:
Continuous front parking areas(off street) along State Street and Eagle Road is not permitted.
• Eagle City Code Section 8-2A-7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch(3") caliper, balled and
burlapped.
• Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas,trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot(5')wide by six foot(6')high
landscaped buffer is required.
• 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.
• 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.
(1) The board may waive the requirement for a wood,brick, stone, decorative block or
concrete fence if the board finds the following:
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(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.
• Eagle City Code Section 8-2A-7(K)(3)
Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two(2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot(5')wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree and
five (5)shrubs per thirty five(35) linear feet of perimeter.
• Eagle City Code Section 8-2A-7(K)(4)(b)(1)
No interior planter shall be less than five feet(5') in any dimension.
• Eagle City Code Section 8-4-2(C)
Whenever a building, structure, or use, constructed or changed in use after the effective date
hereof, is changed or enlarged in floor area, number of employees, number of dwelling units,
seating capacity, or otherwise to create a need for an increase in the number of existing
parking spaces per this title, additional parking spaces shall be provided so that the existing
building, structure, or use, and proposed enlargement or change in use, shall then and
thereafter comply with the full parking requirements set forth herein.
• Eagle City Code Section 8-4-2(D)
If more than one use is located on the site,the number of off street parking spaces shall be
equal to the sum of the requirements prescribed for each use unless a joint/collective parking
facility is approved as provided for in section 8-4-4-3 of this chapter.
• Eagle City Code Section 8-4-4-2(A)(2)
Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
• Eagle City Code Section 8-4-4-2(A)(3)
Except as noted in subsection A4 of this section, all site lighting shall be recessed or shielded
to direct all light downward and the source of the light(including the lamp and any nonopaque
material/lens covering the lamp)shall not be directly visible by a person of average height
standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
• Eagle City Code Section 8-4-4-3: JOINT/COLLECTIVE PARKING FACILITIES:
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where a joint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
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a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c. The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or exceed
the level that can be expected if a joint/collective parking facility was not requested;
and
e. If a public transit system serves the area,the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating-a request for a joint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4-1A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing,unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent(20%)of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent(20%)of the sum of the number required for each use served unless a conditional
use is approved by the city council.
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8.No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
• Eagle City Code Section 8-4-4-5: PARKING IN LIEU PAYMENTS:
Within the central business district, as defined by the city of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy,whichever occurs first. The
fee shall be for the city to provide public off street parking in the vicinity of the use,the
maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars($5,700.00)per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty(20)spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
• Eagle City Code Section 8-4-5 SCHEDULE OF PARKING REQUIREMENTS:
Offices, medical and dental 1 per 200 square feet of gross floor area
Retail sales not listed under another use classification 1 per 250 square feet of gross floor area
Storage (enclosed building and/or fenced area) 1 per 1,000 square feet of gross storage
area
C. DISCUSSION:
• The applicant is proposing to convert the use of the building from a dance studio to a multi-tenant
building. The proposed uses within the building will consist of retail-pharmacy(3,590-square
feet), retail or medical office (1,599-square feet), and storage area(1,367-square feet). Only minor
modifications to the exterior of the building are proposed. These modifications include the
addition of a pergola to the north and to the east building elevations and changes to the paint
colors on the building. The parking area is proposed to remain on the north side of the building; it
will be reconfigured to provide 17-parking spaces,provide a cross-access drive aisle to the
property to the east, create interior landscape areas, and provide a trash enclosure. The applicant is
removing the existing five foot(5')wide sidewalk and the two (2)thirty five foot(35')wide curb
cut driveways along West State Street and replacing them with streetscape improvements(i.e.:
street trees,tree grates,ten foot(10')wide sidewalk with curb and gutter), a three foot(3')high
brick screen wall, and one twenty five foot(25')wide curb cut driveway. A small plaza area,
constructed of decorative/colored concrete or pavers, is proposed near the northwest corner of the
building. Approximately fifty eight feet(58')of sidewalk located adjacent to the north building
elevation will be removed to provide planter areas adjacent to the building.
• This site is located within the Transitional Development Area(TDA). Pursuant to Eagle City
Code Section 8-2A-5(C)(2),the purpose of the TDA is to provide areas for public parking and
service to the Downtown Development Area(DDA)and serve as an area for future expansion of
the DDA as market demands grow. Sites located within the TDA overlay district are required to
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have buildings located a maximum of twenty five feet(25')from the front property line, building
entries recessed a minimum of four feet(4'), and no continuous front parking areas (off street)
along State Street. The existing building is located thirty four feet(34')feet south of the front
(north)property line(or sixty two feet(62') south of the proposed sidewalk along West State
Street), does not have a four foot(4')recessed entry, and the is parking located in front of the
building(on site)along West State Street. The applicant is requesting a waiver of these
requirements.
• The site and landscape plans, date stamped by the City on December 15, 2010, show a small plaza
area to be constructed near the northwest corner of the building and a six foot(6')wide sidewalk
to be constructed approximately thirty feet(30')west of the east property line at the entrance to the
retail-pharmacy use. Pursuant to Eagle City Code, a minimum of seventy percent(70%) of the
building's ground level, street facing façade is required to be constructed to abut or be oriented to
a public sidewalk or plaza area. The site and landscape plans show approximately fifty three
(53%)of this building's ground level, street facing façade to be adjacent to a plaza area. The
applicant should be required to provide revised site and landscape plans showing seventy percent
(70%) of the building's ground level, street facing façade to abut or be oriented to a public
sidewalk or plaza area. The revised site and landscape plans should be reviewed and approved by
the Design Review Board prior to the City issuing a zoning certificate for this site.
• Regarding the front parking area adjacent to West State Street,the applicant is requesting a waiver
of Eagle City Code which does not permit continuous front parking areas along State Street.
Unless the location of the building is modified, there is no other location (on-site)to accommodate
the parking. The applicant is proposing to construct a three foot(3')high brick screen wall
adjacent to the south side of the new ten foot(10')wide sidewalk along West State Street.
Pursuant to Eagle City Code, if a three foot(3')high wall is proposed to screen the parking lot a
four foot(4')wide landscape strip is required to be constructed and planted with a minimum of
one shade tree and five(5)shrubs per thirty five(35) linear feet of frontage, excluding driveway
openings. The site and landscape plans, date stamped by the City on December 15, 2010, show
only the western twenty five feet(25')of the parking lot to have both a screen wall and landscape
area adjacent to the sidewalk along West State Street;the landscape area at its widest point is only
three and one half feet(3 '/2')wide. As indicated within the justification letter,the applicant is
requesting a waiver of the landscape buffer area required between the parking lot and the right-of-
way based on there not being adequate room to provide the required screen wall, landscape buffer,
parking, and associated drive aisle on this site between the proposed streetscape and the existing
building. While there is adequate room on this site to provide the screen wall and landscape buffer
between the streetscape and parking lot, doing so would reduce the overall parking on the site by
one (1)and would create four(4)compact parking spaces. The site is already deficient seven (7)
parking spaces for the uses proposed. The applicant is requesting a waiver to allow the parking to
be located between the building and West State Street and for a reduced landscape buffer adjacent
to West State Street.
• As mentioned on page 12 of the report, the uses proposed within the building consist of retail-
pharmacy, retail or medical office, and storage area. Pursuant to Eagle City Code, the required
parking for each of the proposed uses within this building are as follows:
Retail-Pharmacy: 3,590-square feet_250 = 14.36-parking spaces
Medical or Office: 1,599-square feet±200 =7.99-parking spaces
Storage Area: 1,367-square feet_ 1,000 = 1.36-parking spaces
Total Required Parking =23.71-parking spaces—24-parking spaces
The applicant is requesting a waiver to allow a total of seventeen (17)parking spaces to be
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constructed on-site instead of the required twenty four(24)parking spaces.
As noted above,the applicant is proposing to construct seventeen(17)parking spaces; Eagle City
Code requires twenty four(24)parking spaces. When a site is determined to not have adequate
parking on-site,the property owner may enter into a joint/collective parking agreement or pay a
parking in lieu payment to the City pursuant to Eagle City Code Sections 8-4-4-3 and 8-4-4-5,
respectively. The applicant is requesting a waiver from these code sections. If a waiver is not
approved, then,the applicant would be required to enter into a joint/collective parking agreement
or pay a parking in lieu payment to the City in the amount of$39,900.00 ($5,700.00/parking space
x 7-parking spaces the site is deficient). The joint/collective parking agreement should be
reviewed and approved by the City Attorney and recorded OR the parking in lieu payment in the
amount of$39,900.00 should be paid prior to the City issuing a zoning certificate for this site.
• Currently, all the mechanical units are located on the roof on the south side of the ridge. The
applicant is requesting a waiver of Eagle City Code which requires all roof top mechanical units to
be completely screened from view through the use of a parapet wall or enclosed within the
building. The justification letter indicates that the units are not visible from the north(West State
Street).
• The landscape plan date stamped by the City on December 15, 2010, shows the deciduous trees to
be two inch (2")caliper. Eagle City Code requires deciduous trees to be a minimum of three inch
(3")caliper, balled and burlapped. The applicant should be required to provide a revised site plan
showing the deciduous trees to be a minimum of three inch(3")caliper, balled and burlapped.
The revised landscape plan should be reviewed and approved by staff prior to the City issuing a
zoning certificate for this site.
• The site and landscape plans date stamped by the City on December 15, 2010, show a trash
enclosure to be constructed in the southeast corner of the parking lot(near the northeast corner of
the building). The site and landscape plans show a two and one half foot(2 %2')wide landscape
buffer on the west side of the enclosure and no buffer on the east side. Pursuant to Eagle City
Code,trash enclosures are required to be screened by a five foot(5')wide by six foot(6')high
landscaped buffer. The applicant should be required to provide a revised site and landscape
showing a five foot(5')wide by six foot(6')high landscape buffer on the east and west sides of
the trash enclosure. The revised landscape plan 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 light source for the existing light fixtures located on the north, east, and west sides of the
building are not screened in accordance with Eagle City Code. Per Eagle City Code, any light
used to illuminate the site is required to reflect the light away from the adjoining property. All site
lighting is required to be recessed or shielded to direct all light downward and the source of the
light(including the lamp and any non-opaque material/lens covering the lamp)may not be directly
visible by a person of average height standing on the adjacent property or right-of-way. The
applicant should be required to remove the non-conforming light fixtures located over the doors on
the north, east, and west building elevations. The applicant should be required to provide detailed
cut sheets of a light fixture to replace the non conforming light fixtures showing the wattage,
luminaries, style, etc. The detailed cut sheets should be reviewed and approved by staff prior to
the City issuing a zoning certificate for this site.
• Staff defers comment regarding building design and colors to the Design Review Board.
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SUMMARY:
The applicant is requesting waivers to the following Eagle City Code Sections:
• Eagle City Code Section 8-2A-5(E)—Architecture of the building.
• Eagle City Code Section 8-2A-6(A)(5)(b)—Screening of roof top mechanical units.
• Eagle City Code Section 8-2A-6(D)(2)(h)—Street facing entry recessed minimum of four
feet(4').
• Eagle City Code Section 8-2A-6(D)(3)(a)—Front building setback minimum of ten feet
(10')to a maximum of twenty five feet(25').
• Eagle City Code Section 8-2A-6(D)(4)—Continuous front parking areas along State Street
are not permitted.
• Eagle City Code Section 8-2A-7(K)(1)—Landscaping required to minimize the visual
impact of off street parking. Parking should be located to the side or rear of the building
so that it does not dominate the streetscape.
• Eagle City Code Section 8-2A-7(K)(2)(d)—Screen wall with four foot(4')wide landscape
strip.
• Eagle City Code Section 8-2A-7(K)(4)(b)(1)—No interior planter shall be less than five
feet(5') in any dimension.
• Eagle City Code Section 8-4-2(C)—Change of use requires compliance with parking
requirements of the proposed use(s).
• Eagle City Code Section 8-4-2(D)—Number of off street parking spaces shall be equal to
the sum of the requirements prescribed for each use unless a joint/collective parking
facility is approved.
• Eagle City Code Section 8-4-4-3 —Joint/collective parking facilities.
• Eagle City Code Section 8-4-4-5—Parking in lieu payments.
• Eagle City Code Section 8-4-5 — Schedule of Parking Requirements:
Offices, medical and dental 1 per 200 square feet of gross floor area
Retail sales not listed under another 1 per 250 square feet of gross floor area
use classification
Storage(enclosed building and/or 1 per 1,000 square feet of gross storage area
fenced area)
The applicant has not requested waivers to the following Eagle City Code Sections:
• Eagle City Code Section 8-2A-6(D)(2)(d)—70%of building orientated to a public
sidewalk or plaza area.
• Eagle City Code Section 8-2A-7(E)(4)—Three inch (3")caliper, balled and burlapped
deciduous trees.
• Eagle City Code Section 8-2A-7(J)(2)(c)—Five foot(5')wide by six foot(6')high
landscape buffer required to conceal trash receptacles.
• Eagle City Code Section 8-4-4-2(A)(2)—Any lights used to illuminate a site shall be
arranged to reflect the light away from the adjoining property.
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• Eagle City Code Section 8-4-4-2(A)(3)—All site lighting shall be recessed or shielded to
direct all light downward so the source of the light is not directly visible by a person of
average height standing on the property line of any public right-of-way, private street or
residentially zoned parcel of land.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
This design review application includes the request for approval of a waiver of Eagle City Code.
If the Eagle City Council approves the waiver, then staff recommends 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 to consider the design review and waiver applications was held before the Design Review
Board on January 13, 2011, 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 and McCullough absent) to approve DR-32-10 & WA-02-10 for
design review and a portion of the requested waivers, as noted herein, to covert a dance studio to a
multi-tenant retail-pharmacy, retail or medical office, and storage building for Shah Afshar, 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.
The specific waivers not recommended for approval by the Board pertain to the following Eagle
City Code Sections:
• Eagle City Code Section 8-2A-6(A)(5)(b)—Screening of roof top mechanical units.
• Eagle City Code Section 8-4-2(C)—Change of use requires compliance with parking
requirements of the proposed use(s).
• Eagle City Code Section 8-4-2(D)—Number of off street parking spaces shall be equal to
the sum of the requirements prescribed for each use unless a joint/collective parking
facility is approved.
• Eagle City Code Section 8-4-4-3 —Joint/collective parking facilities.
• Eagle City Code Section 8-4-4-5 —Parking in lieu payments.
• Eagle City Code Section 8-4-5 —Schedule of Parking Requirements:
Offices, medical and dental 1 per 200 square feet of gross floor area
Retail sales not listed under another 1 per 250 square feet of gross floor area
use classification
Storage(enclosed building and/or 1 per 1,000 square feet of gross storage area
fenced area)
The Board recommended that the waiver of the code sections noted above not be granted because
the circumstances of this property/project are no different than numerous other projects in
Downtown Eagle who have complied with the minimum requirements for the screening of roof top
mechanical units and met the minimum parking requirements for their sites.
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Numerous downtown developers have utilized the existing allowance in Eagle City Code for a
joint/collective parking agreements and/or paid parking in lieu fees to achieve compliance with the
code. This applicant did not propose to utilize either of those allowances to achieve compliance
with the existing code. The Board concluded that all applicants, including this one and all future
applicants, should be held to the same standards and have the City code enforced consistently
throughout the downtown as has been previously implemented. The consistent enforcement of
Eagle City Code creates an aesthetically pleasing and vibrant business district in Downtown Eagle.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. ' - . . : •: _. . . . •_ - - . _ - !0. . ..' :*•::
_ -
2. Provide a revised site plan showing the deciduous trees to be a minimum of three inch(3")caliper,
balled and burlapped. The revised landscape plan shall be reviewed and approved by staff prior to the
City issuing a zoning certificate for this site.
3. . •:- . - . ..
certificate for this site.
4. Remove the non-conforming light fixtures located over the doors on the north, east, and west building
elevations. The applicant shall be required to provide detailed cut sheets of a light fixture to replace
the non conforming light fixtures showing the wattage, luminaries, style, etc. The detailed cut sheets
shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
5. Provide a revised site plan showing one historic streetlight to be located approximately thirty(30)feet
west of the east property line. The revised site plan shall be reviewed and approved by staff prior to
the City issuing a zoning certificate for this site.
6. Provide a cross-access agreement allowing the site to the east to access this site. The cross access
agreement shall be reviewed and approved by the Zoning Administrator and shall be recorded in the
Ada County Recorder's office prior to the City issuing a zoning certificate for this site.
7. All overhead utilities servicing this site shall be located underground prior to the issuance of a
certificate of occupancy for this site.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Existing rRoof top mechanical units, hoods,vents, access ladders shall be screened from view. be
--- • : - - : . .. - .. . .- . . .. . Provide elevation plans showing the
method and materials that will be used to screen the existing roof top units. The elevation plans shall
be reviewed and approved by staff and two(2)members of the Design Review Board prior to the
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issuance of a zoning certificate.
14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application. A separate design review application will need to be
approved prior to any signage being constructed on the building or this site.
16. Provide a revised landscape plan showing four(4)commercial grade landscape pots/planters (a
minimum of four foot(4') in diameter), spaced evenly alopg the frontage of West State Street. These
pot/planters shall be watered by an underground automatic irrigation system. Provide detailed cut-
sheets showing the size, style, color, height, etc. of the landscape pot/planters. The revised landscape
plan and cut-sheets shall be reviewed and approved by staff and three(3)members of the Design
Review Board prior to the issuance of a zoning certificate.
17. In accordance with ECC Section 8-4-4-3 (A)(7)to address the requested parking reduction(29%
reduction/7-spaces)the applicant shall submit a conditional use permit application for review,
consideration, and action by the City prior to the issuance of a zoning certificate.
18. If any modifications are made to the parking layout(e.g. through action of the conditional use permit)
or if the City Council determines that additional landscaping is required within the parking area,then a
revised site and landscape plan shall be submitted for review and approval by the Design Review
Board prior to the issuance of a zoning certificate.
19. Provide a revised landscape plan showing greater plant variety with regard to height, color, and texture
for the landscape areas located adjacent to the north and east sides of the building. The revised
landscape plan shall be reviewed and approved by staff and two (2)members of the Design Review
Board prior to the issuance of a zoning certificate.
20. Provide detailed plans showing the materials to be used in the construction of the pergolas. The
detailed plans shall be reviewed and approved by staff and two(2)members of the Design Review
Board prior to the issuance of a zoning certificate.
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 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
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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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. 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.
11. 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.
12. 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.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
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Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Basements in the flood plain are prohibited.
20. 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.
21. 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.
22. 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.
23. 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
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comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. 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.
25. 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).
26. 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.
27. 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 15, 2010.
2. Requests for agencies' reviews were transmitted on December 16, 2010, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of the proposed design review and waiver
applications (DR-32-10 & WA-02-10) with regard to Eagle City Code Title 8, and based upon the
information provided with the conditions required herein, concludes that the proposed design review
application and waiver is in accordance with Eagle City Code as described herein.
As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other Provisions,
the Board recognizes that this site does not comply with several areas of the code regarding building
architecture, setbacks, location of the building and the parking lot, and the required landscaping within
and around the parking lot. The Board recommends that the code sections regarding these items be
suspended or relaxed to foster the rehabilitation of this building and site. The approval of the proposed
uses and site improvements will greatly enhance this area of the city in a positive way by creating a
walkable and inviting destination for patrons and passing pedestrians and vehicles.
It is the Board's opinion that providing the required number of parking spaces for the uses proposed in
this building is more important than creating landscape buffers within the parking lot. With that said,
the Board recognizes that the site is deficient seven (7) parking spaces and recommends that the
applicant be required to comply with Eagle City Code Section 8-4-4: Additional Parking Regulations
and Requirements, by completing and obtaining approval of one of or a combination of the following:
1) submit a conditional use permit application for the approval of a twenty nine percent (29%)
reduction in parking, 2) enter into a joint/collective parking agreement, and/or 3) pay an in lieu
payment for any parking spaces this site is deficient.
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 27th day of January 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
IF OF
ric R. McCullough, Chairman Or
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.,o•.•••, r °ir
ATTEST: c p '• O,t,
.•
51= 'otn
.2* c)
•• !9_,,Sharon . Bergmann, Eagle City Cle
• f •,,,,, •it
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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