Findings - DR - 2018 - DR-83-08 MOD - Change Of Use From Artist Studio And Gallery To OfficeBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A CHANGE
OF USE FROM ARTIST STUDIO AND
GALLERY TO OFFICE FOR KELLY BEACH
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -83-08 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on March 22, 2018. 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:
Kelly Beach is requesting design review approval to change the use of the building from artist studio
and gallery to office (business and professional). The 0.34 -acre site is located on the west side of North
1st Street approximately 600 -feet north of East Idaho Street at 237 North 1st Street.
A. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 2, 2018.
B. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 15, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 21, 2008, the City Council approved a comprehensive plan amendment for eleven parcels
from residential four to central business district and a rezone from R-4 to CBD for four of those eleven
parcels (CPA -3-08 & RZ-7-08).
On March 17, 2009, the City Council approved a design review application to convert a residential
dwelling into an artist studio and gallery (DR -83-08).
E. COMPANION APPLICATIONS: None
Page 1 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drf docx
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Central Business District
No Change
Downtown
South of site Downtown
East of site Downtown
West of site Downtown
CBD (Central Business
District)
No Change
R-4 (Residential)
CBD (Central Business
District)
CBD (Central Business
District)
R-4 (Residential)
LAND USE
Artist Studio and Gallery
Office (business and
professional)
Single-family dwelling
Single-family dwelling
Single-family dwelling
Single-family dwelling
G. DESIGN REVIEW OVERLAY DISTRICT:
This site is located within the Transitional Development Area (TDA).
H. EXISTING SITE CHARACTERISTICS:
There is a 2,372 -square foot artist studio and gallery building with numerous mature trees located
throughout the site.
Page 2 of 14
K \Planning Dept\Eagle Applications \Dr\2008\DR-83-O8 MOD Change of Use from Artist Studio and Gallery to Office drf docx
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.34 -acres (14,810 -square feet) 0.01 -acres (500 -square feet)
Percentage of Site Devoted 16% (approximately)** 92% (maximum)
to Building Coverage
Percentage of Site Devoted 84% (approximately)** 10% (minimum)
to Landscaping
Number of Parking Spaces 4 -parking spaces 5 -parking spaces
(minimum)***
Front Setback 36 -feet (east)** 10 -feet (minimum)*
25 -feet (maximum)*
Rear Setback 51 -feet (west)** 0 -feet (minimum)
Side Setback 10 -feet (north)** 0 -feet (minimum)*
10 -feet (maximum)*
Side Setback 37 -feet (south)** 0 -feet (minimum)*
10 -feet (maximum)*
*Note: Setbacks and lot coverage when located within the TDA.
**Note: Building coverage, landscaping, and setbacks previously approved through DR -83-08.
***Note: Parking requirement reflects the fifty percent (50%) reduction in required parking spaces for
non-residential uses and adjacent on street parking shall be included in the minimum
requirement.
J. PARKING ANALYSIS:
Gross Floor Area of Existing Building: 2,372 -square feet
Offices. business and professional — 1/250 -square feet 2,372/250 -square feet = 9.5 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250 -square feet of gross floor area for
offices, business and professional:
Proposed Parking Spaces: 4
Required Parking Spaces: 5 (calculated based upon the above use identified in Eagle City Code Section
8-4-5: "Offices, business and professional" and fifty percent (50%) parking space reductions for all
nonresidential uses located within the TDA)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: One existing building to be used as an office.
Height and Number of Stories of Existing Buildings: 20 -feet high, one story with a loft.
Gross Floor Area of Existing Buildings:
Main Floor = 1,680 -square feet
Loft = 230 -square feet
Garage = 462 -square feet
Total = 2,372 -square feet
Page 3of14
K:\Planning Dept\Eagle Applications \Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drfdocn
On and Off -Site Circulation:
Four (4) on -street parking spaces are located east of the building on North 1 st Street that provide access
to the site. There is no vehicle access on the site.
L. BUILDING DESIGN FEATURES: No Change
Roof: Asphalt Shingles (brown)
Walls: Vertical wood siding (tan), brick veneer (tan)
Windows/Doors: Vinyl Windows (white), wood door (tan)
Fascia/Trim: Wood fascia and trim (tan)
M. LANDSCAPING DESIGN: No Change
Retention of Existing Trees and Preservation Methods: There are several existing trees on the site.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are installed along North 1st Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping: N/A
b. Interior Landscaping: N/A
N. TRASH ENCLOSURES: No Change
The applicant locates the trash totes on the north side of the building behind the existing fence.
O. MECHANICAL UNITS: No Change
There is an existing ground mounted mechanical unit on the north side of the building. The ground
mounted mechanical unit is located behind the existing fence.
P. OUTDOOR LIGHTING: No Change
There is existing building lighting and one (1) historic street light on the site. No additional lighting is
proposed.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to issuance of any building permits.
R. 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.
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
Page 4 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drf docx
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 attached to the staff report.
Eagle Fire Department
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land sue designation pedestrian friendly uses and developments are encouraged.
Residential only development should be discouraged. 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.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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 8-4-4-3: JOINT/COLLECTIVE PARKING FACILITIES:
Page 5 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-O8 MOD Change of Use from Artist Studio and Gallery to Office drfdocx
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:
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 8-4-4-1 A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are in
operation.
6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective parking
facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and hearing,
unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in an
effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent (20%) of the sum of the number of spaces required
for each use only if the provisions of this chapter have been met. The maximum allowable
Page 6 of 14
K \Planning Dept\Eagle Applications \Dr\200S\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drf docx
reduction in the number of spaces to be provided shall not exceed twenty percent (20%) of
the sum of the number required for each use served unless a conditional use is approved by
the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking facility
unless substitute parking facilities are provided.
• Eagle City Code Section 8-4-4-5: PARKING IN LIEU PAYMENTS:
Within the central business district, as defined by the city of Eagle comprehensive plan, the
required number of parking spaces may be met by a cash in lieu payment to the city prior to
issuance of a building/zoning permit or certificate of occupancy, whichever occurs first. The fee
shall be for the city to provide public off street parking in the vicinity of the use, the maximum
distance of which shall not exceed the maximum distance permitted by this title. The fee shall be
five thousand seven hundred dollars ($5,700.00) per space, or such sum as may be adopted by
resolution of the city council. In addition to the above fee the owner shall be required to pay an
annual per space maintenance fee as shall be determined by resolution of the city council.
The city shall not provide more than twenty (20) spaces for any single use without the specific
approval of the city council. When considering in lieu payments the city may set limitations on
the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be placed into a
special and separate parking improvement and acquisition account to be used solely for the
purchase and improvement of municipal parking lots and structures to be located within the
central business district, as defined by the city of Eagle comprehensive plan, and may be for use
by the general public.
• Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
For the purpose of this title, the following space requirements shall apply, except that in the DDA
and TDA the space requirement listed herein shall be reduced by fifty percent (50%) for all
nonresidential uses and adjacent on street parking shall be included in the minimum requirement:
Offices, business and professional 1 per 250 square feet of gross floor area
C. DISCUSSION:
• On March 17, 2009, the City Council approved a design review application to convert a
residential dwelling into an artist studio and gallery (DR -83-08). Below is the original site plan
that showed a parking area directly east of the building, and the approved site plan that removed
the parking area.
Page 7of14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drfdocx
Original Site Plan
Fcxrr„��
.5./1•%116,
r.
{
- 1'�s.+7 ilii k.-1 4 [4.;-
t
4
01� fr
�'
r
lc* E51
jN'
aw
t
r—
t
J..w_. .
a'
'17. 4
f-)...-5,./,1.{} IO N 4.761iAliE l, Q
..- __.Luigi ':i.AI:w .:aii.21• .r ,_.. ,o G
aa:11Y }.
ty
Approved Site Plan
1
lMEW.
1 II
Page 8 of 14
K \Planning Dept\Eagle Applications \Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drf docx
• Site specific condition of approval no. 10 within the City Council approval required the applicant
to remove the parking lot and instead provide additional landscaping, pedestrian access, and a
large patio area to create a pedestrian feel and sense of place for gatherings and workshops. This
condition removed the proposed on-site parking and limited the parking for the site to four (4) on -
street parking spaces. Site specific condition of approval no. 16 limited the use of the property to
an artist studio and gallery or to any less intensive use as allowed within Eagle City Code.
The applicant is requesting to change the use of the building from artist studio and gallery to
office (business and professional). Eagle City Code Section 8-4-5 requires one (1) parking space
per 250 -square feet for office (business and professional) and allows nonresidential uses within
the Transitional Development Area (TDA) a reduction in parking spaces by fifty percent (50%).
The site is located within the TDA and the total square footage of the building is 2,372 -square
feet which results in the requirement of 5 -parking spaces (2,372 -square feet / 250 -square feet =
9.5 / 2 = 4.75). There is no onsite parking and four (4) on -street parking spaces are utilized for
parking for this site. The site requires one (1) additional parking space for an office (business and
professional) use. The applicant should be required to:
1. Provide a parking in lieu fee of $5,700.00 in accordance with Eagle City Code Section 8-4-4-
5 for one (1) parking space to meet the required five (5) parking spaces prior to the issuance
of a zoning certificate.
-OR-
2. Provide a joint parking agreement in accordance with Eagle City Code Section 8-4-4-3 for
one (1) parking space prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 March 22, 2018, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 12:48)
The Board discussed during deliberation:
• The Board supports the plan as proposed by the applicant (providing a total of four (4) on -street parking
spaces). The Board recommends the finding that a maximum of four (4) on -street parking spaces will
be sufficient for the proposed office use (Allata, LLC) due to the anticipated low traffic volume by the
proposed office use and the other limited commercial uses in the general area.
Additionally, based upon the information provided by the applicant regarding the low intensity use of
the office tenant (Allata, LLC), the Board recommends a new condition of approval to permit a one (1)
space parking reduction for the current office tenant only. If the building changes use in the future or if
the owner sells/leases the building to a different office user, then the parking reduction should be
reevaluated at that time.
Supporting information:
Site specific condition of approval No. 14 on the original design review application (DR -83-08), stated:
Page 9 of 14
K \Planning Dept\Eagle Applications \Dr\2008\DR-83-O8 MOD Change of Use from Artist Studio and Gallery to Office drf docx
"The applicant shall be required to enter into an easement agreement for a future alley to be located
along the entire length of the western 12 -feet of this property. The agreement shall include a provision
for land to be dedicated as a public right-of-way if a future jurisdictional authority requires the land to
be public right-of-way verses an easement. The purpose of the easement/right-of-way is for a planned
24 -foot wide public alley way extending from Mission Drive to the existing east/west public alley right-
of-way located approximately 90 -feet south of this site or to Idaho Street. The easement agreement
shall be reviewed and approved by the City Attorney and shall be executed and recorded prior to the
issuance of a certificate of occupancy for this property."
This easement/right-of-way will provide for access to the west of the site for possible future parking
when the surrounding area redevelops.
Site specific condition of approval No. 16 on the original design review application (DR -83-08), stated:
This property is limited to the use of an art/gallery as described in the application and specifically per
the applicant's justification letter dated December 5, 2008, or to any less intensive use as allowed
within Eagle City Code.
BOARD RECOMMENDATION:
The Board voted 5 to 0 (Grubb and Germano absent) to approve DR -83-08 MOD for a design review
application for a change of use of the building from artist studio and gallery to office (business and
professional — specifically Allata, LLC) 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
and text shown with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR -83-08. other than condition of approval No. 16.
2. This property is limited to the use of office (business and professional). and more specifically is
limited to the tenant Allata. LLC. A one (11 space narking reduction is approved for Allata. LLC.
only. If the building changes use in the future or if the owner sells/leases the nronertv/building to a
different office user. then the parking reduction shall be reevaluated by the City at that time. A zoning
permit/occupancy hermit will not be issued until approval of the new use/tenant and an undated
parking analysis has been reviewed and approved by the City.
3. Allata. LLC. shall obtain a business license from the City of Eagle prior to the issuance of a
certificate of occupancy.
4. Previde-a-parking i n live
eertifeate.
5. No signs are proposed with this application and none are approved.
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
Page 10 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drf docu
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 and 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 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.
Page 11 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-O8 MOD Change of Use from Artist Studio and Gallery to Office drf docx
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 issuance of any 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 be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
Page 12 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-O8 MOD Change of Use from Artist Studio and Gallery to Office drf.docx
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 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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -83-08 MOD) 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 general accordance with the Eagle City
Code 8-2A and the Eagle Comprehensive Plan. The Board affirms the conclusions of law previously
made for design review application DR -83-08 (incorporated herein by reference).
It is the Board's recommendation that in order to retain the existing trees to the south of the building,
to eliminate a large expanse of asphalt between the building and 1" Street (achieved with DR -83-08),
and to provide an area for future building expansion to the east, the off street parking should not be
required. By not requiring off street parking at this time, the Board concluded that the use of this site
Page 13 of 14
K:\Plammng Dept\Fagle Applications\Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drfdocx
must be limited to an art studio/gallery or other less or equally intensive use (Allata, LLC office).
The Board determined (with DR -83-08) that in the future, as this area transitions to commercial uses,
a 24 -foot wide alley/easement should be constructed along the shared property lines of all the properties
adjacent to 1st Street and Eagle Road (south of Mission Drive and north of the east/west alley located
one parcel north of Idaho Street). This alley/easement should connect from Mission Drive to Idaho
Street or to the east/west public alley located north of all the properties located adjacent to Idaho Street
between Eagle Road and 1" Street. This future alley/easement would provide access to the rear of the
properties allowing the applicants to locate and access parking at the back of the commercial
developments. This also eliminates the need to locate the parking in front of the commercial uses along
1st Street and Eagle Road, creating more opportunity to expand the buildings toward the street frontage
pursuant to the Transitional Development Area overlay district. By creating a future north/south
alley/easement in this area the number of potential conflicts can be reduced for drivers in the area by
eliminating several of the driveways that currently provide access to Eagle Road and 1st Street.
2. 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 2018.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cggnty `Idaho
Robrt Grubb, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
Page 14 of 14
K \Planning Dept\Eagle Applications\Dr\2008\DR-83-08 MOD Change of Use from Artist Studio and Gallery to Office drf docx