Findings - DR - 2004 - DR-14-04 - Construct A Carl's Jr Restaurant With Drive Thru Service/3004 E State Street
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT
A CARLS' JR. RESTAURANT WITH DRIVE
THRU SERVICE FOR STAR FOODS
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-15-04
The above-entitled design review application came before the Eagle Design Review Board for their action
on April 22, 2004. The Board continued the item to May 13, 2004, and made their decision at that time.
The Eagle 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:
Star Foods, represented by Clinton Yaka with BRS Architects, is requesting design review
approval to construct a 3,906-square foot Carl's Jr. restaurant with drive thru service. The site is
located on the north side of East State Street within Eagle Promenade (formerly Eagle Towne and
Country Centre) at 3004 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 5, 2004.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 11, 2004, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR-16-04 (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 Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
Proposed No Change No Change Restaurant with drive thru
North of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
South of site Mixed Use State Highway 44 & MU Vacant
(Mixed Use)
East of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
West ofsite Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the Eagle Promenade Shopping Center, with landscape borders on
the south and east boundaries (currently under construction with the development of the Eagle
Promenade Shopping Center).
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1. I-acres (47,936-square feet) 0.03-acres (1300 S.P.) minimum
Percentage of Site Devoted to 8% (approximately) 92% - (maximum)
Building Coverage
Percentage of Site Devoted to 55% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 49-parking spaces 27 -spaces, plus queue space for
five cars for drive up service
Front Setback 51-feet (south) O-feet minimum
Rear Setback 190-feet (north) O-feet minimum
Side Setback 46-feet (west) O-feet minimum
Side Setback 34-feet (east) O-feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building is to be constructed for the operation of a restaurant with a drive thru service lane.
Height and Number of Stories of Proposed Buildings:
A single story building, measuring 30-feet in height from the average ground level adjacent to the
foundation to the tallest peak of the roof, is to be constructed. The majority of the building has an
average height of 25-feet to the top of the parapet wall.
Gross Floor Area of Proposed Buildings: 3,906-square feet
On and Off-Site Circulation:
Patrons will enter the shopping center site froJn one of six entrances located on State Highway 44
and Horseshoe Bend Road. The parking lot for the restaurant may be accessed from a drive aisle
(located along the northern boundary or eastern boundary of the restaurant parcel) which provides
reciprocal ingress-egress access among the adjacent lots.
K. BUILDING DESIGN FEATURES:
Roof: Composition asphalt shingles and concealed BUR
Walls: Stucco and stone
WindowslDoors: Clear insulated glazing in clear anodized aluminum frames
Fasciaffrim: Built-up stucco cornice
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located on the
south side of the meandering sidewalk abutting East State Street, planted as a part of the
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shopping center.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along East State Street were installed by the developers of Eagle
Promenade which the applicant proposes to incorporate into the landscape design of their site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: NI A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the entire parking lot
for Eagle Towne and Country Shopping Centre.
b. Interior Landscaping: 10% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 140-square foot trash enclosure is proposed to be located in the center of the site
approximately 120-feet south of the drive aisle on the northern boundary and approximately 55-
feet west of the drive aisle on the eastern boundary. The enclosure is proposed to be constructed
of CMU with stucco finish and metal gates, all of which will match the colors used on the
building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof-top mechanical units. The roof-top mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
with this application and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR-16-04) has
been submitted and is required for the approval of any signs for this site. The sign plan application
shall be reviewed and approved prior to the City issuing a zoning certificate for this site.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department,
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
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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 - 500 year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoil banks Canal - Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
Idaho Transportation Department
W. LETTERS FROM THE PUBLIC:
Letter from H. James White, with White Leasure Development Company, date stamped by the
City on February 18, 2004.
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 Commercial.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
.
Eagle City Code Section 8-1-2 ROOF-MOUNTED MECHANICALS:
All equipment mounted above the roof plane of a building, including, but not limited to,
heating and air conditioning equipment, antennas, satellite dishes, and other equipment
necessary to establish a controlled interior environment. All roof-mounted mechanicals shall
be screened from view.
Eagle City Code Section 8-2A-6(A)(5)(b)
.
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.
The location and design of transformers, pad-mount and roof-mounted mechanicals and
electrical equipment shall be reviewed and approved by the Design Review Board. All roof-
mounted mechanicals shall be completely screened from view through the use of a oaraoet
wall when utilizing a flat roof desi~ 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(A)(6)(g)(3)
Roof-mounted mechanicals all vents protruding through the roof and similar features shall be
painted so as to match the color of the roof.
.
Eagle City Code Section 8-2A-7(C)(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.
.
Eagle City Code Section 8-2A-7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3") caliper, balled and
burlapped.
C. EAGLE TOWNE AND COUNTRY CENTRE (EAGLE PROMENADE) DESIGN STANDARDS
WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.12 ROOFLINE AND ROOFTOP EQUIPMENT
3.12.2 Requirements
2. All mechanical rooms or mechanical equipment on rooftops shall be screened from a
horizontal line of sight in all directions. Screening must be a part of the building
design, not just "chicken coops" placed as an afterthought.
3. Air handling equipment on parapet roofs must be below parapet or kept back lO-feet
from the roof edge. In no event will this equipment be allowed to be seen from
neighboring parcels or streets.
3.13 TELECOMMUNICATION EQUIPMENT
3.13.2 Requirements
1. No antenna shall be visible from streets or neighborhood parcels. Microwave dishes
and satellite dishes shall be placed in the middle of parapet roofs or valleys but, in no
case may they be visible from the streets or highways.
D. DISCUSSION:
.
The applicant is proposing to use roof-mounted mechanical units with the construction of this
building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely
screened from view through the use of the mansard roof. The applicant has indicated within the
application that the roof top mechanical units will not exceed four and one half feet (4 W) in
height. The height of the parapet walls as measured from the roof to the top of the lowest point on
the parapet wall will be four feet nine inches (4' 9"). The roof-mounted mechanical units will be
completely screened from view by the parapet walls.
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.
The applicant has provided cross sections of the drive thru lane in relation to East State Street and
the drive aisle located abutting this site's east property line. The cross sections indicate that
headlights from the drive thru will be screened by the adjacent landscaping. To verify, the
applicant should be required to provide revised cross sections showing the actual field elevations
with the combination of a berm, wall, and plant material a minimum of four feet (4') in height
(measured from the finish grade of the adjacent drive thru lane to the top of berm, wall, and plant
material) showing how the drive thru lane will be screened from East State Street and the drive
aisle along the eastern property line. The field elevations and method used to screen the drive thru
lane should be reviewed and approved by the Design Review Board prior to the City issuing a
zoning certificate for this site.
The applicant should install measures to minimize the decibel level of the outdoor intercom system
and its effects on adjacent properties (sound not to be audible at more than one-hundred feet from
source). Details should be submitted for review and approval by the Design Review Board prior to
the issuance of any building permits.
.
.
Staff defers comment regarding building design and colors to the Design Review Board.
ST AFF 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 was held on the application before the Design Review Board on April 22, 2004. The
application was continued to May 13, 2004, 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 6 to 0 (Bowen absent) to approve DR-15-04 for a design review application to
construct a Carl's Jr. restaurant with drive thru service for Star Foods, 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 APPROV AL:
1. Pre'liEle r-evised Gross seetioRs sho'.\'iRg the aeRial field elevatÌaRs of the siæ with the eamBiRatioR of a
Børæ, wall, aRd plant material a mtRimHm of fear feet (4') iR height (measHred frem the fiR ish graàe of
the aàjaeeRt drive tAm laRe te the tap of BeRR, wall, aRd plant material) shawiRg hm\' the drive thru
laRe ""ill Be sereeRed fr.em Bast State Sweet aRà the drive aisle alaRg the eastem prol'lerty liRe. The
fielà elevatiaRs aRà meŸiad 8sed te sereeR the drive tAm laRa shall Be r-e'¡ieweà aRd appraveà BY the
Desi~ Review Baaftl prier te the City issHiRg a zeRiRg eertifieate fer this site.
2. The af'l'IlieaRt shall iRstall æeaSHres to æißimize the deeÏBellevel ef the oHtEleor iRteœom system aRå
its effeets eR aàjaeeRt prøperties (saHRd Ret to Be aadièle at mere thaR ORe hHRdreà feet frem sOliFee).
Deæils shall Be &8Bmitted fer review aRà appreva1 BY the Desi~ Re\'ie',y Boaftl prier to the issHaRee
af aRY BHilEliRg peRRits.
3. Previde a revised laRdseaf'e plaR shewiRg the deeiElHeHs a=ees ta he a miRiæam of thr-ee iReh (3")
ealiper, Balled aRd BHrlaf'peå. The revised laRàseaf'e J3laR shall Be reviev:eà aRd apflroved BY staff
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prier ta the City issaiRg a zaRiøg eeRmelNe fer tRis site.
4. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to
issuance of a building permit.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. No signs are proposed with this application. A separate design review application is required for the
approval of a sign plan for this building. The sign plan shall be reviewed and approved prior to the
City accepting a building permit for this site.
7. Provide a detailed cut sheet of the wall sconce light fixture showing the style, wattage. luminarie, and
mounting height. The detailed cut sheet shall be reviewed and aooroved by staff and one member of
the Design Review Board orior to the City issuing a zoning certificate for this site.
8. Provide a detailed cut sheet of the two (2) light fixtures oroposed within the oatio area showing style,
wattage, luminarie. and height. The detailed cut sheet shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City issuing a zoning certificate for this site.
9. The exterior building colors are to match the colored rendering date stamoed by the City on May 6,
2004.
10. The site. landscape. and elevation plans date stamped by the City on May 6,2004. are the approved
plans.
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 any building permits or Certificate of Occupancy,
whichever occurs fITst.
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 fITst.
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 fITst.
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 penr.its or Certificate of Occupancy, whichever occurs
fITSt.
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
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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. 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.
10. 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.
11. 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.
12. 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 Ìrom 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
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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.
13. 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 flfst.
14. 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.
15. 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 flfst.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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
Commission and/or Council.
20. 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 Planning and Zoning Commission for
review and approval.
21. 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.
22. 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 orior 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.
23. 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.
24. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
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of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the Design Review Board approval date).
25. 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.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 5, 2004.
2. Requests for agencies' reviews were transmitted on February 11, 2004, 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-15-04) 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.
DATED this 27th day of May 2004.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cou
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