Findings - DR - 2012 - DR-12-12 - Construct A Commerical Art Studio/Gallery Building W/Residential Apartment BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
COMMERCIAL ART STUDIO/GALLERY )
BUILDING WITH A RESIDENTIAL APARTMENT )
FOR FUSIONS GLASS STUDIO )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-12-12
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on March 22, 2012. The Design Review Board having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Linda Crouch,represented by Walter Lindgren with Johnson Architects, is requesting design
review approval to construct a 5,528-square foot two story commercial/apartment building(1st
floor—3,061-square feet for an art studio and gallery and 2nd floor—2,467-square feet for an
apartment). The 0.16-acre site is located on the southwest corner of North 2nd Street and East
Idaho Street at 135 North 2nd Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 16, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 21, 2012, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 25, 2003, the Eagle Design Review Board recommended approval of a design
review application for a three story retail/apartment building (DR-41-03). On January 13, 2004,
the Eagle City Council remanded this application to staff to allow the applicant time to resolve
issues with regard to this project. On July 27, 2004, City Staff sent a letter to the applicant
requesting a letter be submitted to the City on or before August 12, 2004, indicating the
applicant's desire to continue or withdraw the application. On August 13, 2004, no
correspondence had been received by the City with regard to this application, thus the application
was considered withdrawn due to inactivity.
On August 25, 2009, the Eagle City Council approved a design review application for an artist
studio and art gallery with residential apartments(DR-23-09).
E. COMPANION APPLICATIONS: DR-13-12 (design review sign application).
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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 Paved parking
District)
Proposed No Change No Change Commercial/Apartment
North of site Downtown CBD(Central Business Single Family Residential
District)
South of site Downtown CBD(Central Business Restaurant
District)
East of site Downtown CBD(Central Business Single Family Residential/
District) Retail with residence above
West of site Downtown CBD(Central Business Single Family Residential
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS:
This site has been overlaid with asphalt and used as a parking lot; there are no landscaping or
roadway improvements abutting this site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.16-acres(6,970-square feet) 0.01-acres(500-square feet—
minimum)
Percentage of Site Devoted to 53%(approximately) 40%(minimum)*
Building Coverage 95% (maximum)*
Percentage of Site Devoted to 23%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 11-parking spaces total 7-parking spaces(minimum)**
5-parking spaces on-site Including 2-covered parking
2-covered parking spaces spaces for residential apartments
4-parking spaces on 2nd Street
Front Setback 0-feet(east) 0-feet(minimum)*
10-feet(maximum)*
Rear Setback 6-feet(west) 0-feet(minimum)
Side Setback 25-feet(north) 0-feet(maximum)
Side Setback 25-feet(south) 0-feet(maximum)
*Note:Required lot coverage and setbacks when located within the DDA.
**Note: Based on 1-parking space per 700-square feet(700 is based on the average parking required for artist studios and
art galleries).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for commercial and a residential
apartment.
Height and Number of Stories of Proposed Buildings: 28 '/2-feet in height; two stories.
Gross Floor Area of Proposed Buildings: First floor= 3,680-square feet
Second floor= 2,467-square feet
Total= 6,147-square feet
On and Off-Site Circulation:
An 880-square foot(approximately)paved parking lot provides parking for vehicles using this site.
One 24-foot wide driveway is proposed to be located on the north side of this site approximately 5-
feet east of the west property line providing access to Idaho Street. A 16-foot wide alley provides
access to the parking lot located north of the building.
K. BUILDING DESIGN FEATURES:
Roof: Single ply roofing system(white)
Walls: Stucco, wood, and brick (Frechquarter brick, Cigarfactory brick, Fluropon Redwood,
Fluropon Medium Bronze, Fluropon Military Blue, Avocado, Downing Slate, Colonial Revival
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Gray, Roycroft Copper Red,Nomadic Desert, Rookwood Clay, Refuge, Rainstorm, Roycroft Mist
Gray, Downing Stone, Westchester Gray, Chinese Red)
Windows/Doors: Vinyl windows(tan),Metal doors(painted)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: The applicant is proposing to install four (4) Forest Green Oak street trees along 2nd
Street and one(1)Forest Green Oak street tree along Idaho Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the north, east and west sides of the parking
lot.
b. Interior Landscaping: 0% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
No trash enclosures are proposed with this application. The trash tots are proposed to be located
between the west building elevation and the vinyl fence located on the west property line. The
trash tots will be completely screened from view by the vinyl fence and the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping and the vinyl fence. The applicant
is proposing roof top mechanical units as an option. If roof top mechanical units are proposed,the
roof top units shall be completely screened from view by the parapet walls.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
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.
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R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain -no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Ada County Highway District—Dedicate right of way, enter into license agreements for any
landscaping in the right of way,provide easements for any portion of the sidewalk located outside
of the right of way, construct road improvements per ACHD policy,pay impact fees, and comply
with standard conditions of approval.
Central District Health—No objection.
Chevron Pipe Line Company—No conflicts.
Department of Environmental Quality-General comments with regard to air quality, wastewater
and reuse, drinking water, surface water, and hazardous waste.
Eagle Fire Department—No opposition; however, a complete set of building plans shall be
submitted for review and approval prior to any building permits being issued.
Eagle Sewer District—This property can be serviced by the District; however, a complete set of
plans shall be submitted for review and approval by the District.
Idaho Department of Lands—No impact to State Trust Lands at this time.
United Water—No serviceable by United Water.
W. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Downtown.
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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 2nd 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.
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.
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.
B. ZONING CODE PROVISIONS,WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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
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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(C)(2)(b)
Ground Floor Requirements: The ground floor(street level)of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a variety of
potential uses that may not be contemplated at the time of construction. Examples include:
specialty retail, grocery, drugstore, shoe repair, dry cleaning, florist shop, department store,
hardware store, other personal services, restaurant or theater or financial services or a parking
garage. Any use must meet the requirements set forth in section 8-2-3 of this chapter.
• Eagle City Code Section 8-2A-6(C)(2)(c)
Other Floor Options: The design should accommodate the ground floor uses as listed in
subsection C2b of this section including residential use. Any use must meet the requirements
set forth in section 8-2-3 of this chapter except that apartments on floors other than the ground
floor shall be a permitted use. For the purposes of this section a single apartment unit or
multiple apartment units may be permitted.
• Eagle City Code Section 8-2A-6(C)(2)(f)
Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum
of fifty percent(50%)glass. Floors above the main floor shall have a minimum of twenty five
percent(25%)glass. The front of any building is the facade that fronts upon any street.
• Eagle City Code Section 8-2A-6(C)(3)(a-d)
a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a
maximum of ten feet(10').
b. Side building setbacks shall be zero feet(0')so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s) longer than ninety feet(90') inclusive of
adjoining structures.
d. When a building is located at the intersection of two(2)streets,the distance between the
face of the building and the back of curb shall be a minimum of ten feet(10')to preserve
adequate sight visibility.
• Eagle City Code Section 8-2A-6(C)(4)(a)
Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a
landscape buffer shall be provided between the parking lot and any street. Limited parking
potential in the DDA may allow for reduced parking ratios where there is access to public or
shared parking.
• Eagle City Code Section 8-2A-6(C)(4)(b)
Provide on street parking along State Street, 1st Street, 2nd Street,Idaho Street,Park Road and
Aikens Road.
• Eagle City Code Section 8-2A-7(K)(1)
Visual Impact: Landscaping shall be provided to minimize the visual impact of off street
parking:
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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. (Ord. 462, 11-11-2003)
(1)The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A)The applicant must design, document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an effective
barrier such that the landscape strip shields the view of parked cars from passing
pedestrians and motorists; and
(B)Any such proposed design alternative is compatible with the overall site
design of the entire project and is compatible with the surrounding area. (Ord.
434, 1-14-2003)
• Eagle City Code Section 8-4-5
Artist studios 1 per 1,000 square feet of gross floor area
Apartments or multi-family dwellings For each unit with 2 or more bedrooms-2
including 1 covered; for each 1 bedroom or
studio unit- 1.5 including 1 covered. 0.25 spaces
per unit shall be provided for guest parking.
Adjacent on street parking spaces on a local
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street may be credited toward the guest parking
requirement
Libraries, museums and art galleries 1 for each 400 square feet floor area
C. DISCUSSION:
• The applicant is proposing to construct a 6,147-square foot,two story building on the southwest
corner of 2'd Street and Idaho Street. An art studio and gallery are proposed to be located on the
first floor of the building and one apartment(one—two bedroom apartment) is to be located on the
second floor. The architectural style of the building is Italianate and appears to have four different
store fronts. Each one of these store fronts is symmetrical with regard to the door and window
layout. A variety of well blended materials and colors are proposed to be used on the façade of
this building.
The applicant is proposing to construct a small parking lot, consisting of two(2)parking spaces, in
the northern portion of the property and a parking area, consisting of three(3)parking spaces,
adjacent to the alley and the south property line. Eagle City Code recommends that parking be
located to the side or rear of buildings and be screened so that it does not dominate the streetscape.
Eagle City Code also requires buildings to be located a maximum of ten feet(10')from the back
of curb when a building is located at an intersection. The applicant is proposing a four foot(4')
wide planter between the proposed parking areas and the sidewalk to be planted with Dwarf
Fountain Grass, White Carpet Rose, and Happy Returns Daylilly. Staff defers comment to the
Design Review Board regarding the proposed building setback from Idaho Street,the location of
the parking lot, and proposed landscaping within the four foot(4')wide planter between the
parking lot and sidewalk.
• The elevation plans date stamped by the City on February 16, 2012, show approximately thirty
eight percent(38%)glass on the ground floor and approximately twenty three percent(23%)on
the second floor. Per Eagle City Code all buildings are to include a"storefront"on the ground
floor consisting of a minimum of fifty percent(50%)glass and any floors above the main floor are
to have a minimum of twenty five percent(25%)glass. The applicant should be required to
provide revised building elevations showing fifty percent(50%)glass on the ground floor building
elevation and twenty five percent(25%)on the second floor building elevation. The revised
building elevations should be reviewed and approved by staff and two members of the Design
Review Board prior to the City issuing a zoning certificate for this site.
• The site and landscape plans, date stamped by the City on February 16, 2012, show ground
mounted mechanical units to be located on the west side of the building. The floor plan, date
stamped by the City on February 16,2012, show an option to locate the mechanical units for the
residential apartment on the roof of the first floor. If roof top mechanical units are to be used,the
applicant should be required to provide elevation plans showing the roof top mechanical units are
completely screened from view by the building and the parapet walls. The elevation plans should
be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
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PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on March 22, 2012, 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 4 to 0 (Comstock,Pascua, and Hull absent)to approve DR-12-12 for a design
review application to construct a commercial art studio/gallery building with residential apartment
for Fusions Glass Studio,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 building elevations, date stamped by the City February 16, 2012, showing thirty eight percent
(38%)glass on the ground floor and twenty three percent(23%)glass on the second floor are•approved. ' - .- - • -. ..• . .: - _ . -- ._ _ - I0. _ _ _ .. . 5 ..•0. - --- - '.. . . _ . - - • _.
..• _ - •. . _ . . . . .. _. . . . _ _ . _ ' _•
•
2. If roof top mechanical units are proposed,provide elevation plans showing the roof top mechanical
units are completely screened from view by the building and the parapet walls. The elevation plans
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
7. Roof top mechanical units,hoods,vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
8. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
9. No signs are proposed with this application. A separate design review application(DR-13-12)has been
submitted for the approval of signage on this building. The sign plan shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
10. The site plan,date stamped by the City on February 16, 2012, showing the building location in relation
to the property lines and the parking located on the north side of the building is approved.
11. Provide a revised landscape plan showing how the northern most parking area is to be screened from
view by a three foot(3')high solid wall constructed to match the elevations of the building or a
combination of a three foot(3')screen wall and green screen. The revised landscape plan and detailed
elevations shall be reviewed and approved by staff and two members of the Design Review Board
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prior to the issuance of a zoning certificate.
12. Provide a revised building elevation showing the cornice proposed on the south building elevation to
wrap around the west side of the parapet wall of the second story. The revised building elevation shall
be reviewed and approved by staff and one member 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. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted,wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
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
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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
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
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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
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
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and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 16, 2012.
2. Requests for agencies' reviews were transmitted on February 21, 2012, 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-12-12) 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 Eagle City Code requires parking to be located to the side or rear of any
proposed development and that the setbacks in the DDA are to be zero but the Board likes the design
of the building and how it fronts 2nd Street and provides visibility from State Street. The screening of
the northern parking area, as conditioned herein, will provide adequate screening of parked cars within
the site.
The Board recommends that the reduced percentage of glass proposed on the east building elevation be
allowed, as the design, materials, building features, and colors proposed to be used in the construction
of this building provide a pleasing storefront appearance and the overall appearance of the building
complies with the EASD book.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD(central business district)zoning district.
DATED this 12th day of April 2012.
DESIGN REVIEW BOARD
OF THE CI OF EAGLE
Ada Co O o
4.d6 iny,
Eric R. McCullough, Chairman :;:**
ATTEST: # • ':
'L' ♦ � •
r V� ;> 9 i••,(' R,T+. •••
tloAt aron K. Bergm. n, Eagle City Clerk , '•. OF 1D P O��•
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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