Findings - CC - 2020 - DR-15-20 - Outdoor School-Plant Nursery BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A CHANGE )
OF USE FROM RESIDENTIAL TO )
OUTDOOR PRESCHOOL,NURSERY )
(PLANT MATERIALS),AND RESIDENTIAL )
FOR TAMARA JAHELK&MIRANDA )
DECKWA )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-15-20
The above-entitled design review application came before the Eagle City Council for their action on June
9, 2020. The Eagle City Council 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:
Tamara Jahelka and Miranda Deckwa Jasper are requesting design review approval for a change of use
from residential to outdoor preschool,a nursery business,and residential.The 1.41-acre site is located
on the north side of East Dunyon Street approximately 320-feet west of the intersection of North
Parkinson Street and East Dunyon Street at 2230 and 2248 East Dunyon Street(Lots 12 and 13,Block
2, Randall Acres Subdivision No. 15).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 25,2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on March 2,2020,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 11,2020,the City Council approved an application for a"Childcare Facility,Daycare
Center"(Outdoor Preschool)and a"Nursery, Plant Materials"and Waivers Pursuant to Idaho Code
§67-6512(f)for Tamara Jahelka&Miranda Deckwa Jasper(CU-06-19).
E. COMPANION APPLICATIONS: DR-21-20(master sign plan).
F. LAND USE DESIGNATION: Residential, childcare facility, daycare, nursery (plant materials),
permitted pursuant to Eagle City Code Section 8-2-3.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential R-4(Residential) Single-family residential
Proposed No Change No change Commercial Business—"Childcare
Facility,Daycare Center"(outdoor
preschool)and"Nursery,Plant
Materials"
North of site Compact Residential R-4(Residential) Drainage Canal(Randall Acres
Subdivision No. 15)and Single-
Family Residential
South of site Mixed Use MU(Mixed Use) East Dunyon Street,Commercial
(Golf Your Way),and Single-Family
Residential
East of site Compact Residential R-4(Residential) Single-family residential
West of site Compact Residential R-4(Residential) Single-family residential
H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
I. URBAN RENEWAL DISTRICT: Yes.
J. EXISTING SITE CHARACTERISTICS:
The site consists of seven (7) existing structures inclusive of a single-family residential home with
attached sunroom, a 2-car carport, a 3-car garage with attached shed, one shed, a 1-car garage with
attached shed,one corral,one manger,and one hoop house.A four foot(4')high chain link fence runs
adjacent to the eastern property line and a six foot(6') high wood fence runs adjacent to the western
property line,a four foot(4')chain link fence runs along the front property line on the south side of the
site and a four foot(4')livestock fence with a row of barb wire at the top runs along the north property
line of the site located adjacent to the drainage canal.A 24-foot wide unimproved driveway is located
on the east side of the property and a 20-foot wide unimproved driveway is located on the west side of
the property, both entering the site from East Dunyon Street. The residence home is located
approximately 38-feet from the street right-of-way. Approximately 12-feet of ACHD unimproved
right-of-way is located between the 26-foot wide paved roadway area of East Dunyon Street and the
south property line of the site.
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K. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.41-acres(61,420-square feet) 8,000-square feet(minimum)
Percentage of Site Devoted 7%(approximately) 40%(maximum)
to Building Coverage
Percentage of Site Devoted 15%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 8-parking spaces(preschool)" 9-parking spaces(preschool)
12-parking spaces(nursery)" 12-parking spaces(nursery)
2-parking spaces(residential) 2-parking spaces(residential)
Front Setback(South) 38-feet** 20-feet(minimum)
Rear Setback(North) 68-feet** 20-feet(minimum)
Side Setback(West) 95-feet** 7.5-feet(minimum)
Side Setback(East) 67-feet** 7.5-feet(minimum)
*Note:Number of gravel parking spaces and parking area approved within the Conditional Use Permit(CU-06-19).
**Note:Setbacks are measured from the property line to the closest building.
L. PARKING ANALYSIS:
• Eagle City Code Section 8-4-5—Single-family dwelling(lots 15,000-square feet or more): 2
parking spaces.
Parking Breakdown:
Single-family residential(on two lots totaling 61,420-square feet):two(2)
Total: 2 paved spaces(required)
3-car garage(existing)
• Eagle City Code Section 8-4-5—Nursery,plant materials: 1 parking space per 500-square feet of
outside display/lathe house/greenhouse area,plus 1 parking space per 250-square feet gross floor
area.
Parking Breakdown:
Guest walkways: as shown on plan=3,084-square feet(6.2 spaces)
Lathe House(aka grapevine arbor/sand):26 x 20=520-square feet(1.3 spaces)
Herb Picking Area: 56 x 36=2,016-square feet(4 spaces)
Gross Floor Area(Retail area/shed): 130-square feet(.33 space)
Total: 12 paved spaces(required)
12 gravel spaces(proposed)
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• Eagle City Code Section 8-4-5—Childcare-daycare center: 3 parking spaces for each
classroom,but not less than 9 for the building.
Parking Breakdown:
Classrooms: three(3)
Total: 9 paved spaces(required)
8 gravel spaces(proposed)
M. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:No new buildings are proposed.
The site consists of existing structures as listed below,as well as an existing three walled structure with
a roof that is located just south of the proposed lavender fields on the east side of the raised garden beds
and a structure with a roof adjacent to the west side of the children's garden.
Gross Floor Area of Existing Buildings: 4,753-square feet
Existing 2-car carport(classroom#1) = 378-square feet
Existing single-family residence = 1,560-square feet
Existing sunroom attached to single-family residence(classroom#2) — 204-square feet
Existing 1-car garage with attached shed(classroom#3) = 403-square feet
Existing 3-car garage with attached shed = 1,400-square feet
Existing stand-alone shed(adjacent to grapevine arbor) = 208-square feet
Hoop House = 600-square feet
Total = 4,753-square-feet
Height and Number of Stories of Proposed Buildings:
No new buildings are proposed.No existing buildings are more than 35-feet in height.
On and Off-Site Circulation:
A 24-foot wide unimproved gravel driveway providing access to East Dunyon Street is located near the
southeast corner of the site and a 24-foot wide unimproved gravel driveway providing access to East
Dunyon Street is located near the southwest corner of the site. Both driveways provide access to the
gravel parking areas.
Site Lighting:No site lighting is proposed.
N. BUILDING DESIGN FEATURES:
Roof: Single composite shingles(Grey),tin(Grey)
Walls: Trowel texture composite siding (White), Rock (Natural Stone), wood panel siding (White),
Barnwood(Brown),2' x 6"wood and 12"wood posts(Natural Wood),shiplap siding(White)
Windows/Doors: Aluminum(Grey),old wood(Grey)
Fascia/Trim: Wood(Grey)
O. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:All existing trees will remain on site.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: N/A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Three feet(3')of perimeter landscaping is existing at the outside perimeter of each parking area,
along the eastern and western boundaries. Cut flowers are proposed to the south of the nursery
(plant materials)parking area.
b. Interior Landscaping:No interior landscaping is proposed.
P. TRASH ENCLOSURES:
The owner does not anticipate significant accumulation of trash with the proposed application.The
applicant is proposing to use one residential trash receptacle and one recycle receptacle(95-gallon
each,approximately).One 36-square foot(approximately)trash enclosure is proposed to be located at
the southeast corner of the property east of the driveway on East Dunyon Street.The enclosure is
proposed to be constructed of wood walls and doors;all of which will match the materials used in the
construction of the front yard and preschool fencing.
Q. MECHANICAL UNITS:
No roof mounted or ground mounted mechanical units are proposed and none are approved.
R. 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 a zoning certificate.
S. SIGNAGE:
No signs are proposed with this application.A separate design review application(DR-21-20)has
been submitted for the approval of a master sign plan for the site.
T. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City.A water
service approval has not been received to date.Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
U. PUBLIC USES PROPOSED:None.
V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
W. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes—along the north,east,and west perimeters of the property
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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X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required.
Y. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Drainage District#2—Sawtooth Law Offices, PLLC
Eagle Fire Department
Eagle Park, Pathway,and Recreation
Eagle Sewer District
Z. LETTERS FROM THE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 (adopted November 15, 2017), designates this site as the
following:
Compact Residential
Suitable for single family residential,row houses,duplex and four-plexes.Densities range from 4 units
per acre to 8 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL: [City Council approved waivers via CU-06-19, January 28, 2020]
• Eagle City Code Section 8-1-2: RULES AND DEFINTIONS:
YARD: A required open space,other than a court,unoccupied and unobstructed by any structure
or portion of a structure from three feet(3')above the general ground level of the graded lot
upward, provided,accessories,ornaments and furniture may be permitted in any yard, subject to
height limitations and requirements limiting obstruction of visibility.
Front Yard: A yard extending between the side lot lines across the front of a lot and from the
front lot line to the front of the principal building.
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects,signs,common areas,subdivision signage,
proposed conversions, proposed changes in land use and/or building use,exterior remodeling or
repainting with a color different than what is existing,exterior restoration,and enlargement or
expansion of existing buildings, signs or sites,and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5)
[City Council approved a requested waiver for timing(CU-06-19), site specific condition #12]
Utilities: Utility service systems shall not detract from building or site design.Cable,electrical,and
telephone service systems shall be installed underground.
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• Eagle City Code Section 8-2A-6(B)(3)(e): Fences
[City Council approved a requested phasing waiver(CU-06-19), site specific condition #71
e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
• Eagle City Code Section 8-2A-7(C)(2)(4): Existing Vegetation:
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree
or shrub.Any severely damaged tree or shrub shall be replaced in accordance with subsection
Cl of this section.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the
minimum required landscaping.
• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots
[City Council approved a requested waiver(CU-06-19), see site specific condition #8, #9]
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to differing
facilities,activities,or different intensities or use,such as townhouses and a convenience store,
or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a parking lot abuts a residential activity, a five foot(5') wide by six foot(6') high
landscaped buffer is required.
b. 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-or-way, a five foot (5') wide by six foot
(6')high landscaped buffer is required.
3. Materials:
a. All buffer areas shall be comprised of,but not limited to,a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum
of sixty percent(60%)of the total plant material used.
b. Height requirements shall be accomplished with plant material,with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
• Eagle City Code Section 8-2A-7(P): Plan Preparation:
[City Council approved a requested waiver(CU-06-19), site specific condition #20]
Preparing a landscape plan requires special skills. Landscaping involves more than a simple
arrangement of plants with irrigation; plants are not haphazardly placed in a way that fills up
leftover space. Landscape plans should reflect a theme so that site elements are artfully and
technically organized in a way that conveys meaning, coherence, and spatial organization.
Landscaping should enhance the physical environment as well as the project's aesthetic character.
Therefore, landscape plans to be submitted for approval shall be prepared by or under the
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responsible control of a licensed landscape architect with said plans to be duly stamped to clearly
identify the preparer.
• Eagle City Code Section 8-2A-7 (K)(4)(a)
[City Council approved a requested waiver(CU-06-19), site specific condition #8]
4. Parking Lot Interior Landscaping:
a.Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with
ten(10)spaces and above. The required amount of landscaping is based on a sliding scale,as
follows:
Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10-20 5 percent
21 - 50 8 percent
51+ 10 percent
• Eagle City Code Section 8-2A-7 (L): Landscape Commercial Strips
[City Council approved a requested waiver(CU-06-19), site specific condition #10]
1. Landscaped strips shall be provided between all building development and public rights of way
to lend continuity among different architectural styles, screen unsightly views, establish a
pleasing view for motorist, and create a safe and pleasant corridor for pedestrians.
a.The landscaped strip shall be ten feet(10')wide minimum and planted with one shade treeand
ten(10) shrubs for every thirty-five feet(35') of street frontage. Two(2) ornamental or two
(2)evergreen trees may be substituted for one shade tree.
• Eagle City Code, Section 8-2A-7(M): Parkway Strips, Separated Sidewalks,And Street Trees:
[ACHD approved a waiver(CU-06-19), letter date stamped by the City November 20, 2019]
1. Except as may otherwise be required within the DDA,TDA,CEDA,and DSDA sidewalks shall
be separated from the curb along all streets. Sidewalks shall be required when space permits.
An eight-foot(8')wide minimum parkway planter strip planted with shade class(class II)trees
shall be required between the sidewalk and street to provide a canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty-five(35) linear
feet of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-4-3: Design and Maintenance:
[City Council approved the requested waiver(CU-06-19)]
A. Paving: The required number of parking and loading spaces as set forth in this chapter,together
with driveways, aisles and other circulation areas, shall be improved with material such as
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asphalt or concrete,to provide a durable and dust free surface. Gravel or dirt surfaces shall not
be permitted.
• Eagle City Code Section 8-4-4-2: ADDITIONAL DESIGN AND MAINTENANCE
REGULATIONS AND REQUIREMENTS:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away
from the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building 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 8-4-5: Schedule of Parking Requirements:
[City Council approved a requested waiver for number of parking spaces (CU-06-19)]
Type Of Use Off Street Parking Spaces Required
Single-family dwelling(lots
15,000 square feet or more)
Childcare-daycare center 3 for each classroom but not less than 9 for the building
Nursery,plant materials 1 per 500 square feet of outside display/lathe house/green
house area, plus I per 250 square feet gross floor area
D. DISCUSSION: (Based on the site plan date stamped by the City on February 25, 2020)
• The applicant is requesting a design review approval for a change of use from residential to outdoor
preschool,a nursery business,and residential.The site consists of seven(7)existing structures that
will remain and be utilized for a single-family residence, a retail space for the nursery (plant
materials),and three(3)classrooms for the outdoor preschool. Staff defers comment regarding the
existing buildings to the Design Review Board.
A hoop house has recently been constructed 1lY: �+ .17 ' r ;+
on the property. The applicant has stated the t5�� f '� �
United States Department of Agriculture ' " •s
1.
U p ,
(USDA) has suggested that they sign up for fit. , .'
-s‘
their program to get assistance from the �;C 0 —
USDA to obtain a better hoop house. When riff ` :4;' qr.'r= t • ` c` - =�3��:=
the applicant obtains an upgraded hoop ji Ilik r - : blot i ., -1 �Y
house, they should provide a photograph or �' "'-- F is
building elevations and detailed cut sheets .y ---.— /,rt - ''',
including style, materials, color, and height.
The building elevations and detailed cut sheets should be reviewed and approved by staff and two
members of the Design Review Board.
• The site plan shows an existing six foot (6') foot high solid wood fence located along the west
property line. A four foot(4') high chain link fence is located along the east and south property
lines.Livestock wire fencing with a strand of barbwire at the top is located along the north property
line adjacent to the canal. Pursuant to Eagle City Code Section 8-2A-6(B)(3)(e),dog ear cedar,fir,
chain link, barbwire, razor wire and similar high maintenance and/or unsightly fencing is
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prohibited. The applicant has been permitted to phase the replacement of fencing along the east,
south,and north property lines of the site.
• The applicant was granted a waiver(CU-06-19), to permit the chain link fence to be replaced
along the east property line by October of 2020, at which time the applicant proposes to install
privacy fencing as shown in the image below.
• t I
I
r y
o The applicant should be required to provide detailed cut sheets of the privacy fencing to be
located on the east property line including style, color, material, and height. The detailed
cut sheets should be reviewed and approved by staff and one member of the Design Review
Board.
• The applicant was granted a waiver (CU-06-19), to permit the livestock wire fencing with a
strand of barbwire located at the north property line to be replaced by Spring of 2021, at which
time the applicant proposes to install metal grid wood framed fencing as shown in the image
below.
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011111*
PSI -Li ....
•
o The applicant should be required to provide detailed cut sheets of the metal grid wood
framed fencing to be located on the north property line including style, color, materials,
and height. The detailed cut sheets should be reviewed and approved by staff and one
member of the Design Review Board.
• The applicant was granted a waiver(CU-06-19), to permit the chain link fence to be replaced
along East Dunyon Street on the south property line by July of2020,at which time the applicant
proposes to install metal grid wood framed fencing as shown in the image above.
o The applicant should be required to provide detailed cut sheets of the metal grid wood
framed fencing to be located on the south property line including style, color, materials,
and height. The detailed cut sheets should be reviewed and approved by staff and one
member of the Design Review Board.
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• The applicant was granted a waiver (CU-06-19), to allow all overhead utilities to the site to be
removed and/or placed underground prior to Fall of 2021 to provide the applicant time to meet
with the Eagle Urban Renewal Agency to seek funding assistance, as approved by the City Council
January 28, 2020. If the Urban Renewal Agency is unable to provide assistance, then the site
specific condition #12 of CU-06-19 shall be revisited by the City Council as a New Business item
at that time.
• The site plan shows a three foot(3')wide landscape buffer between the proposed parking areas and
the property lines located on the east and west sides of the site. Eagle City Code Section 8-2A-
7(J)(2)(a), requires a five foot (5') wide by six foot (6') high landscape buffer with a fence or
decorative wall between the parking lot and the property line. Additionally, Eagle City Code
Section 8-2A-7(K)(3)(a), requires a five foot(5') wide landscape buffer planted with a minimum
of one(1)shade tree and five(5)shrubs per 35 linear feet of parking lot perimeter.
• The applicant was granted a waiver (CU-06-19), to permit a three foot (3) wide landscape
buffer between the proposed parking areas and the property lines located on the east and west
sides of the site. The applicant was required to provide a site plan showing existing mature
landscaping complemented with pollinators, seasonal color, and evergreen herbs between the
parking areas and both the eastern and western property lines, pursuant to site specific
condition #8(CU-06-19).
o The applicant should be required to provide a revised landscape plan showing the required
pollinators, seasonal color, and evergreen herbs combined into one plan showing the
driveways, parking areas, pathways, and existing buildings in relationship to one another.
The revised landscape plan should be reviewed and approved by staff and one member of
the Design Review Board prior to issuance of a zoning certificate.
• The applicant is proposing to use one residential trash receptacle and one residential recycle
receptacle (95-gallon each, approximately). The site plan, date stamped by the City on February
25, 2020, shows a trash enclosure on the southeast corner of the site adjacent to the east property
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line. The applicant has included a photo of the proposed trash enclosure, see the image above.
Pursuant to 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-or-way, a five
foot(5')wide by six foot(6')high landscaped buffer is required.
o The applicant should be required to provide a revised landscape plan showing a five foot
(5') wide by six foot (6') high landscape buffer around the trash enclosure. Detailed
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elevations of the trash enclosure showing the proposed size, height, materials, and colors
should be provided. The revised landscape plan and trash enclosure details should be
reviewed and approved by staff and one member of the Design Review Board prior to
issuance of a zoning certificate.
• The applicant was granted a waiver(CU-06-19), to provide a five foot(5)high fence to screen the
trash and recycle receptacles. If the amount of trash production exceeds the volume output of a
residential container and the applicant is required to use a commercial receptacle, the applicant
shall be required to construct a trash enclosure to screen the receptacle. If a trash enclosure is
utilized, the applicant shall submit a site plan and elevations of the trash enclosure for review and
approval prior to construction,pursuant to site specific condition #9(CU-06-19).
• There is existing outdoor lighting within the site that has not been identified on the site plan or with
detailed lighting cut sheets, see the image below. The applicant should provide a lighting plan
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showing all existing and proposed exterior building and site lighting. Detailed lighting cut sheets
showing the style,wattage, luminaries,etc.should be submitted.All non-conforming exterior light
fixtures should be removed. The lighting plan and detailed cut sheets should be reviewed and
approved by staff and one member of the Design Review Board prior to issuance of a zoning
certificate.
• The applicant was granted a waiver pursuant to site specific condition #20, CU-06-19, "A
landscape plan prepared by the applicant shall be provided with the submittal of a design review
application. The 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.
• Staff defers comment regarding landscaping, outdoor lighting, building architectural style,
materials,and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 28, 2020. at
which time the Board made their decision.
B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
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BOARD DELIBERATION: (Granicus time 1:10:58)
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board affirms that the development will be a good addition to the neighborhood.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR-15-20 for a design review application for a change
of use from residential to outdoor preschool,a nursery business,and residential for Tamara Jahelka and
Miranda Deckwa Jasper,with the following staff recommended site specific conditions of approval and
standard conditions of approval with text shown with underline to be added by the Board provided within
their findings of fact and conclusions of law document,dated June 2,2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on June 9,2020,at which time
the Council made their decision.
B. Oral testimony in favor of the application was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-15-20 for a design review application for a change of use from
residential to outdoor preschool,a nursery business,and residential for Tamara Jahelka and Miranda
Deckwa Jasper,with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU-06-19.
2. All existing landscaping shall be protected and retained during construction. Any plant material
damaged during construction shall be replaced in accordance with Eagle City Code Section 8-2A-
7(C)(2)prior to issuance of a certificate of completion.
3. No structures shall be constructed within the front yard as defined within Eagle City Code Section 8-
1-2.
4. Provide detailed cut sheets showing the style of privacy fencing to be installed along the east property
line. The detailed cut sheets shall be reviewed and approved by staff and one member of the Design
Review Board prior to the issuance of a zoning certificate.
5. Provide detailed cut sheets showing the style of metal grid wood framed fencing to be installed along
the north property line.The detailed cut sheets shall be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a zoning certificate.
6. Provide detailed cut sheets showing the style of metal grid wood framed fencing to be installed along
the south property line.The detailed cut sheets shall be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a zoning certificate.
7. Provide a revised landscape plan showing the required pollinators,seasonal color,and evergreen herbs
combined into one plan showing the driveways, parking areas, pathways, and existing buildings in
relationship to one another. The revised landscape plan shall be reviewed and approved by staff and
one member of the Design Review Board prior to issuance of a zoning certificate.
8. Provide a revised landscape plan showing a five foot(5')wide by six foot(6')high landscape buffer
around the trash enclosure. Detailed elevations of the trash enclosure showing the proposed size,
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height,materials,and colors shall be provided. The revised landscape plan and trash enclosure details
shall be reviewed and approved by staff and one member of the Design Review Board prior to issuance
of a zoning certificate.
9. Provide a lighting plan showing all existing and proposed exterior building and site lighting. Detailed
lighting cut sheets showing the style,wattage, luminaries,etc. shall be submitted.All non-conforming
exterior light fixtures shall be removed.The lighting plan and detailed cut sheets shall be reviewed and
approved by staff and one member of the Design Review Board prior to issuance of a zoning certificate.
10. The landscape plan prepared by the applicant shall be provided with the submittal of a design review
application.The landscape plan shall be reviewed and approved by staff and two members of the Design
Review Board prior to the issuance of a zoning certificate.
11. The applicant shall be required to submit a site plan and building elevations of any renovated or
proposed buildings within the property for review and approval by staff and two members of the Design
Review Board prior to submitting for a building permit.
12. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
13. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
14. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
15. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
16. No ground mounted mechanical units or roof mechanical units are proposed with this application and
none are approved.
17. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
18. No signs are proposed with this application.A separate design review application(DR-21-20)has
been submitted for the approval of a master sign plan for this site.
19. The fencing around the outdoor preschool area,as required by the State of Idaho,shall be installed
prior to operation of the outdoor preschool.
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.
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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,or drain,for irrigation water or irrigation waste water
owned by an organized irrigation district,canal company,ditch association,drainage district,
drainage entity,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 Engineer prior to
the City Engineer signing the final plat.
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,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the final plat.
10. Streetlight 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
streetlights shall be the responsibility of the applicant,subdivider,business owner,homeowner,or
homeowner's/business owner's association,whichever the case may be.
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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 Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt 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 Pathway/Greenbelt 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
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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 Commission and/or 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/or 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 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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR-15-20) 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.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a commercial business["Nursery,plant materials"and"Childcare Facility,
Daycare Center(outdoor preschool")] is permitted with the approval of a design review application
within the R-4(Residential)zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the applicant will keep the vintage farm feel of the
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property for people to gather and experience the joy of nature and since the daycare center(outdoor
preschool)will be limited to a maximum of 24-childern;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for each
proposed use on the property;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and City,
and where possible,enhance the continuity of thematically common architectural features since the
proposed site development has landscaping and flower and lavender fields buffer the adjacent
neighbors and since the daycare center(preschool)will be limited to a maximum of 24-children;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
site development has been designed to be harmonious and appropriate in appearance with the
existing or intended character of the general vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed site development is in conformance with the required setbacks
and height regulations, since the existing landscaping will be maintained, and since no additional
structures to the existing site are proposed beyond the installation of a seasonal temporary hoop
house;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development from East Dunyon Street
since the site has been designed with pathways that provide pedestrian connectivity within the site
and access to the residential homes within the general vicinity;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with the surrounding area since the applicant is not proposing any
new development beyond the single-family dwelling that currently exists and a seasonal,temporary
greenhouse; and
I. No signs are proposed with this application. All signs, if approved, will be required to be
harmonious with the architectural design of the building and will not cover nor detract from the
desirable architectural features.
DATED this 9th day of June 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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Pierce, Mayor
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