Findings - DR - 2011 - DR-26-11 - Change The Use Of Building From Retail To Restaurant BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CHANGE THE USE OF A )
BUILDING FROM RETAIL TO RESTUARNT )
FOR SMOKY MOUNTAIN EAGLE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-26-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on August 25, 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:
Smoky Mountain Eagle, LLC, represented by Trent Koci with BRS Architects, is requesting
design review approval to convert a 4,500-square foot retail building into a restaurant for Smoky
Mountain Pizzeria Grill. The 0.48-acre site is located on the southeast corner of East State Street
and 1st Street at 127 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 21, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 3, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 17, 1996, the Eagle Planning and Zoning Commission approved a design review
application for a paint store in the Old Food Town building(DR-05-97).
On April 14, 1997, the Eagle Planning and Zoning Commission approved a design review sign
application for a building wall sign and monument sign for Ponderosa Paint(DR-06-97).
On February 22, 2005, the Eagle City Council approved a design review sign application for two
building wall signs and one monument sign(DR-31-03).
E. COMPANION APPLICATIONS: DR-27-11 (design review sign plan)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business Retail Paint Store
District)
Proposed No Change No Change Restaurant
North of site Downtown CBD (Central Business Retail Store
District)
South of site Downtown CBD (Central Business Multi-family residential
District)
East of site Downtown CBD(Central Business City Park(Heritage Square)
District)
West of site Downtown CBD(Central Business lst Street/Eagle Hotel—Multi-
District) tenant building
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 4,500-square foot building with
associated paved parking lot. The streetscape improvements along East State Street and 1st Street
have been installed with street lights and street trees. There is a paved alley to the south of the site
which provides access to 151 Street or 2nd Street.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.48-acres(21,000-square 0.01-acres(500-square feet)(minimum)
feet)
Percentage of Site Devoted to 21% (approximately) 40% (minimum)*
Building Coverage 95% (maximum)*
Percentage of Site Devoted to 39%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 24-on-site parking spaces 30-parking spaces
6-on-street parking spaces
Front Setback 29-feet(north) 0-feet(minimum)*
10-feet(maximum)*
Rear Setback 14-feet(south) 0-feet
Side Setback 16-feet(west) 0-feet(minimum)*
Side Setback 75-feet(east) 0-feet(minimum)*
*Note: Setbacks and lot coverage required within the DDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a restaurant.
Height and Number of Stories of Proposed Buildings: 17 1/2'; one story.
Gross Floor Area of Proposed Buildings: 4,500-square feet.
On and Off-Site Circulation:
A 7,800-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide driveway is located on the north side of this site approximately 120-feet
east of 1 S` Street. A 24-foot wide driveway is located 105-feet east of 1st Street providing access to
the alley located adjacent to the south property line of this site.
K. PARKING ANALYSIS:
Restaurant:
4,500-square feet
• ECC Section 8-4-5 requires 1 off street parking space per 150-square feet of gross floor area
for"Restaurants, dining rooms,taverns nightclubs, etc."uses.
4,500=150=30-parking spaces required on-site
24-parking spaces provided on site
6-parking spaces provide on the street adjacent to the site
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If a joint parking agreement is not approved, &.parking spaces requiring in lieu payment of
$5,700.00 each=$34,200.00
L. BUILDING DESIGN FEATURES:
Roof: Single ply membrane, Corrugated metal roof(weathered rustic)
Walls: Hard Board Siding (Maryville Brown), Brick Veneer (Interstate brick `Walnut"), CMU
(Acorn Yellow, Hearthstone Brown, Tea)
Windows/Doors: Aluminum storefront(dark bronze)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees on this site that are
to be protected and retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species &Number): To be reviewed by the Design Review Board.
Street Trees: Street trees along 1st Street and East State Street already exist.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed at the north and south ends of the property
adjacent to the parking.
b. Interior Landscaping: 10% interior landscaping is required, 13% is proposed.
N. TRASH ENCLOSURES:
One 200-square foot trash enclosure is proposed to be located near the southeast corner of the
building along the alley located approximately 60-feet east of 1st Street. The enclosure is proposed
to be constructed of CMU and metal gates, all of which will be painted to match the colors used on
the building.
O. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet walls.
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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R. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
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 -yes
Riparian Vegetation - no
Steep Slopes -no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life -no
Unstable Soils -unknown
Wildlife Habitat-no
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—No site specific conditions of approval.
Central District Health Department—Applicant needs to contact CDHD regarding licensure and
plan review before construction remodel begins.
Chevron Pipe Line Company—No conflict with the pipe line.
Eagle Fire Department—No opposition to the application; however a complete set of building
plans shall be submitted to the Department for review and approval prior to any building permits
being issued.
Eagle Sewer District— The District currently provides sewer service to this building; however,
construction plans will need to be submitted to the District for impacts and the assessment of fees.
Idaho Transportation Department—No comment.
United Water Company—This property is currently outside of United Water Idaho's certificated
service area.
X. LETTERS FROM THE PUBLIC:None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Downtown.
Downtown
Suitable primarily for development that accommodates and encourages further expansion
and renewal in the downtown core business area of the community. A variety of business,
public, quasi-public, cultural, residential and other related uses are encouraged. The
greatest possible concentration of retail sales and business is to occur in this land use
designation. Pedestrian friendly uses and developments are encouraged. Land within this
district is the only place to utilize the CBD zoning designation. Other zones within
Downtown Eagle may include Mixed Use, Residential, Commercial and Professional
Office.
Downtown Eagle Plan 6.8.13 Old Towne:
0T6: Civic and Community Center: One of the prominent civic and community
land uses in the Old Towne area is Heritage Park, a .48 acre site located at the
southwest corner of State Street and 2❑d Street. Heritage Park functions as the Village
Commons of Eagle and the focus of community events such as Eagle Country
Christmas, Eagle Fun Days, and the Farmers Market.
a. All efforts should be made for the expansion of Heritage Park to ensure that as
the population of Eagle grows so does the heart of the community.
b. Consider investing in a permanent all-season public market building adjacent
to Heritage Park for use by the farmers market and other community events.
(See Figure OT6)
c. Development surrounding the park should be designed to capitalize and
incorporate the scenic qualities of the park.
d. Pursue developer investment in public open space in the Old Towne in order
to expand open spaces.
e. Consider earmarking park impact fees from Downtown Eagle for use in
Downtown Eagle.
f. Special care should be taken to ensure that buildings adjacent to the park do
not wall in the park and make it a dark shadowed area. When feasible,
buildings adjacent to the park should be designed to open up to the park and
include stepped back facades and the use of terraces.
g. In addition to Heritage Park, special consideration should be made for the
design of 1st Street to serve as a community gathering area during community
events, similar to the Basque Block or 8th Street in Boise (See Figure OT7).
h. The City and the Ada County Highway District should work with land owners
and tenants to integrate special design elements into 1st Street including but
not limited to a meandering plaza with offsetting landscape areas, rolled
curbs, stamped concrete and wide sidewalks.
i. Landscape along 1st Street should be designed to avoid creating a barrier
between the street and the store fronts.
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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-EA:SD: 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
not be considered. A copy of the EASD book is available at Eagle city hall.
• Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
• Eagle City Code Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum
of fifty percent(50%)glass. Floors above the main floor shall have a minimum of twenty five
percent(25%) glass. The front of any building is the facade that fronts upon any street.
• Eagle City Code Section 8-2A-6(C)(3)
Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter,the setback requirements below shall control:
a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a
maximum often feet(10').
b. Side building setbacks shall be zero feet(0')so as to tie into adjoining structures.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent(40%)
and a maximum of ninety five percent(95%) in which case off site parking shall be
provided for. The lot coverage requirement may be waived if development of the lot as a
parking lot is reviewed by the design review board and is approved by the council.
Furthermore,the minimum lot coverage requirement may be reduced by the council for
the purpose of providing adequate on site parking in accordance with the provisions of this
title for structures that include residential uses on floors other than the ground floor.
• Eagle City Code Section 8-2A-6(C)(4)(a&b)
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
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potential in the DDA may allow for reduced parking ratios where there is access to public
or shared parking.
b. Provide on street parking along State Street, 1st Street, 2nd Street, Idaho Street, Park Road
and Aikens Road.
• Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum of ten feet(10')wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a"running bond" brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having jurisdiction.
A reduced sidewalk section may be permitted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk be
reduced to less than six feet(6') in width.
• Eagle City Code Section 8-2A-6(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-6(J)(3)(a)
All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent(60%)of the total plant material used.
• Eagle City Code Section 8-4-2 APPLICATION OF PROVISIONS:
A. No building or structure shall be erected, substantially altered, or its use changed unless
permanently maintained off street parking and loading spaces have been provided in
accordance with the provisions of this title.
B. The provisions of this chapter, except where there is a change of use, shall not apply to any
existing building or structure. Where a new use involves no additions or enlargements, there
shall be provided as many such spaces as may be required by this title.
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 8-4-4-3: 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.
• 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
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maximum distance of which shall not exceed the maximum distance permitted by this title.
The fee shall be five thousand seven hundred dollars($5,700.00)per space, or such sum as
may be adopted by resolution of the city council. In addition to the above fee the owner shall
be required to pay an annual per space maintenance fee as shall be determined by resolution of
the city council.
The city shall not provide more than twenty(20)spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed
into a special and separate parking improvement and acquisition account to be used solely for
the purchase and improvement of municipal parking lots and structures to be located within
the central business district, as defined by the city of Eagle comprehensive plan, and may be
for use by the general public.
C. DISCUSSION:
• The applicant is requesting design review approval to convert a retail paint store to a restaurant.
The applicant is not proposing any building additions since the layout of the building fits their
layout for a restaurant space. The architectural style of the building does not comply with any of
the styles within the EASD book and is more western or"Wild West"as the applicant's
representative states within the justification letter. The only changes the applicant is proposing to
make are cosmetic changes to the exterior of the building. Rough-sawn cedar will be added to the
existing porch columns and the bases will be treated with built-out brick veneer. The roof over the
existing covered porch will be covered with a corrugated metal roof that will be finished with a
rusted rustic finish. The entire building will be re-painted several different earth tone colors and
the east and west elevations will be painted so as to give a wainscot appearance.
One significant change the applicant is proposing to the building and that is raising the bottom
height of the windows on the north and west building elevations. The reason for the reduction in
glass is to provide privacy screen for the patrons dining at the tables adjacent to the windows. Per
Eagle City Code, all building shall include a"storefront"on the ground floor consisting of a
minimum of fifty percent(50%) glass. The proposed square footage of glass proposed on the
north building elevations is thirty five percent(35%),which is 67-square feet short of what is
required within Eagle City Code. The percentage of glass proposed on the west building elevation
is nineteen percent(19%).
The large plaza area located between the building and the sidewalk adjacent to East State Street
will be enhanced with an outdoor dining area. Brick seating areas, brick columns, and wrought
iron fencing will create an enclosed patio space and yet will still provide visibility to passing
pedestrians and motorist.
There are numerous areas of the code which this site does not comply with regarding the
architectural style of the building, setbacks, lot coverage, percentage of glass on the street facing
facades, streetscape, etc. Staff defers comment with regard to the architectural style, setbacks,
percentage of glass, streetscape, and lot coverage of the building to the Design Review Board.
• Per Eagle City code,the total number of parking spaces required for the proposed restaurant is
thirty(30). The applicant is proposing twenty four(24)parking spaces to be located on this site
and six(6)on-street parking spaces along East State Street and 101 Street. Eagle City Code does
not permit on-street parking to be included in the required number of parking spaces for any use;
however, it encourages on-street parking along State Street and 1st Street [ECC 8-2A-6(C)(4)(b)].
If the six(6) on-street parking spaces are not permitted to be included with the required parking
for this site,the applicant has a couple of other options which include: 1)Enter into a
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joint/collective parking agreement or 2)Provide a parking in lieu payment. Staff defers comment
regarding the required parking spaces on this site to the Design Review Board.
• The streetscape along East State Street has been installed with the exception of the stamped brick
pattern along the eastern 126-feet of the site. An approximately 8-foot wide concrete sidewalk
with no brick pattern has been constructed adjacent to the site. Staff defers comment regarding the
brick pattern within the sidewalk to the Design Review Board.
• The applicant is proposing to construct a new trash enclosure at the southeast corner of the
building. No landscaping is proposed on the east or west sides of the enclosure. Per Eagle City
Code, a five foot(5')wide by six foot(6')high landscaped buffer is required to conceal outdoor
storage areas. Buffer areas are to be comprised of but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum
of sixty percent(60%)of the total plant material used. The applicant should be required to
provide a revised landscape plan showing a five foot(5')wide by six foot(6')high landscaped
buffer on the east and west sides of the new trash enclosure. The revised landscape plan should be
reviewed and approved by staff and two(2)members of the Design Review Board prior to the
issuance of a zoning certificate for this site.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOIVIlVIENDATION PROVIDED WITHIN THE REPORT:
If the Eagle City Council approves this application, then staff recommends the site specific
conditions of approval provided below.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 25, 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 (Grubb and Comstock abstained)to approve DR-26-11 for a design review
application to change the use of a building from retail to restaurant for Smoky Mountain Eagle,
LLC, with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with strike thru to be deleted by the Board and text shown
with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The six(6)on street parking spaces shall be included as meeting the 30-parking spaces required for
this restaurant use per Eagle City Code Section 8-2A-6(C)(4)(b). If the six(6)on street parking spaces
• - - •-. . . - .- . . .• . .. ing for this site,the applicant shall 1)Enter into
a joint/collective parking agreement, or 2)Provide a pc • . .. - . _ .• , _. - •
_ -- ••- . . . . . . .. the City Attorney and rccorded prior to the City
issuing a zoning certificate for this site.
2. Provide a revised landscape plan showing a five foot(5')wide by six foot(6')high landscaped buffer
on the east and-west sides of the new trash enclosure. 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 for this site.
3. Provide a revised site plan showing all fencing material indicated to be wood to be a material allowed
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within Eagle City Code (i.e.: Trex material). The site plan shall be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate for this site.
4. All overhead utilities servicing this site from the alley to the building shall not be required to be
located underground due to the minimal visibility of the overhead utilities from East State Street and
1s1 Street, the likely hood that if the lines are buried all electrical aspects of this building will need to be
modified and upgraded, and due to the modification of the parking lot eliminating the possibility of
vehicles driving under the service lines. prior to the issuance of a certificate of occupancy for this site.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. .. . . .. -- - •- , : •: . • .. - . . :-'ng certificate, for all code cites this application
7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs. If additional screening is required to screen the roof top mechanical
units,the method of screening shall be reviewed and approved by staff and one member of the Design
Review Board prior to any additional screening being constructed.
12. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application. A separate design review application (DR-27-11)has been
submitted for the approval of signage for this building. The sign plan shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
14. Due to the visibility of the east facing wall of this building and its location in relationship to Heritage
Park the applicant is encouraged to work with the City of Eagle Arts Commission to allow for the use
of the east facing wall for public art as may be proposed by the Arts Commission but approved by the
Design Review Board and City Council(ECC 8-2A-8(M)(17). The applicant shall have sole
determination of what is allowed to go on their building_
15. Provide a revised landscape plan, designed by someone knowledgeable in the field of landscape
design, showing the following:
1) Greater variety with regard to species, depth, color, and texture,
2) All existing trees to remain,
3) All existing shrub material and weed fabric to be removed,
4) Any broken curbs located adjacent to any landscaped areas repaired,
5) Four to five inches(4"to 5") of top soil and amendments be tilled into existing planter
beds, keeping the new soil from contacting the existing tree trunks.
6) The plant material within the existing tree wells located within the outdoor patio area and
the planter area adjacent to the north side of the building shall be designed with the
pedestrian aspect of the patio in mind.
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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.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. • .. '•• - .' . Ada County Highway District and/or the Idaho
.- ---. ..
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. _ ... • — • _ _ .- . .. .. . - : ;; - : : •-
Occupancy,whichever occurs first. A copy of the con –.- •: : : _ : ._ . . -•- : • --
lettex.
7. -- . .. •_. . . •• . . : _: _. : : :zred by a registered professional engineer to
. - - - . • .- . :• .: • - : :-•• : . - :n the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and : :: : : •: : • .. __ : : :.• :•
-•• _ _ ' - - -- 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
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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
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
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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
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 21, 2011.
2. Requests for agencies' reviews were transmitted on August 3, 2011, 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-26-11) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan as described herein.
The Board recognizes that the site does not comply with several areas of the code regarding building
architecture, setbacks, lot coverage, burying overhead utilities, percentage of glass on the street facing
facades, and streetscape. However, in accordance with and as allowed for in Eagle City Code Title 8,
Chapter 2, Article A, Section 3, Effect of Other provisions, the Board recommends that the code
sections regarding these items be suspended or relaxed (not waived) to foster the rehabilitation of this
building and site. With the approval of the proposed use, the site is expected to become a popular
gathering place and will enhance this historic area of the city in a positive way. It is with these
improvements that the Board recommends approval of this project as proposed and with the
modifications noted herein.
The Board acknowledges that no changes to the building or site are being made that increase the storm
water retentions needs of this site, therefore the Board recommends that any standard conditions of
approval that relate to modifying the storm water retention/detention facilities shall not be applicable to
this application.
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.
DATED this 81h day of September 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
i It le ,,emilis,,
Eric R. McCullough, .irma . ` <d►‘.
G `o�tORA�#
it ..•SO t C
ATTEST:
SEAL
41'04,1i-
6 ,Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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