Findings - DR - 2008 - DR-54-2008 - Construct A Movie Theater For Rierwood Cinemas
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
MOVIE THEATER FOR RIVERWOOD CINEMAS)
FOR OGDEN ENTERTAINMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-54-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on September 25, 2008. 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:
Ogden Entertainment, represented by JSA Architects, LLC, is requesting design review approval
to construct a 73,500-square foot (14-theater) movie theater for the Riverwood Cinemas. The
4.179-acre site is located within Gateway South Development on the east side of South Edgewood
Way and south of State Highway 44.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on August 13,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 25, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 22,2007, the City Council approved an annexation and rezone (A-18-06/RZ-24-06) from
RUT (Rural Urban Transition - Ada County designation) and MU (Mixed Use) to MU-DA
(Mixed Use with Development Agreement) for Cornerstone Group, LLC.
On July 24, 2007, the City Council approved a preliminary plat (PP-21-06) for Eagle Gateway
South Subdivision for Cornerstone Group, LLC.
On October 16, 2007, the City Council approved a design review (DR-33-07) for the common area
landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC.
On July 15, 2008, the City Council approved a modification to the rezone with development
agreement (RZ-24-06 MOD) for Eagle Gateway South Subdivision Eagle Gateway Development,
LLC.
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, Floodway MU-DA (Mixed Use with Mixed use development
and Scenic Corridor Development Agreement) and including commercial,
overlay PS-DA (Public/Semipublic retail, single-family, multi-
with Development family residential and a
Agreement) (pending public park.
adoption of Rezone
Ordinance)
Proposed No Change No Change No Change
North of site Business Park BP (Business Park) State Highway 44
South of site Floodway RP (Ada County designation) Boise River (north
channel) Williamson Horse
Ranch
East of site Mixed Use, Floodway MU (Mixed Use) Pasture and Ancona
and Scenic Corridor Business Park
overlay
West of site Mixed Use, Floodway RUT (Residential- Ada Proposed Lonesome Dove
and Scenic Corridor County designation) Subdivision
overlay
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: None
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 4. I 79-acres (182,049-square feet) 0.1 I-acres (S,OOO-square feet)
(minimum)
Percentage of Site Devoted to 44% (approximately) 60% (maximum)*
Building Coverage
Percentage of Site Devoted to 17% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces I 94-parking spaces on the theater 833-parking spaces***
property* *
Front Setback 3S-feet (west) 20-feet (minimum)*
Rear Setback 21- feet (east) 1 O-feet (minimum)*
Side Setback 4-feet (south) 7.S-feet (minimum)*
Side Setback 20-feet (north) 7.S-feet (minimum)*
*Note: As required within the development agreement for Eagle Gateway South Subdivision.
**Note: See attached parking analysis
***Note: Based on 2,SOO-seats which Eagle City Code requires 1 parking space for every 3 seats.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a movie theater.
Height and Number of Stories of Proposed Buildings:
38-feet - top of parapet walls
48-feet - top of entry
58-feet - top of spire/sign
Gross Floor Area of Proposed Buildings:
6S,SOO-square feet - first floor
8.S00-sQuare feet - second floor
73,SOO-square feet total
On and Off-Site Circulation:
The driveway access to Eagle Gateway South was reviewed and approved with the preliminary
plat and design review applications associated with this development. There is cross access and
parking associated with all the proposed pad sites. There is no direct lot access to Edgewood Lane
or State Highway 44, all access to and from this site is provided from East Riverside Drive.
K. BUILDING DESIGN FEATURES:
Roof: Single Ply (white)
Walls: Stucco (desert coral block), Stone Veneer (Mountain Ledge-Buckskin), Corrugated Metal
Panels (preweathered), Split Face CMU (mountain red), Smooth Face CMU (signetic brown and
desert coral)
WindowslDoors: Metal framed windows, storefront doors
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Fascia/Trim: Columns (stone filled steel columns - bucksin), Movie poster insets (corrugated metal
panels-preweathered), Metal trellis (power coated tube steel - preweathered gavalume)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/ A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along Riverside Drive were reviewed and approved with the common
area landscaping of Eagle Gateway South Subdivision. The street trees along Riverside Drive will
be installed prior to the issuance of a certificate of occupancy for this site.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping: The landscaping within the parking lot and around the perimeter of the
parking lot was reviewed and approved with the common area landscaping of Eagle Gateway
South Subdivision (DR-33-07).
M. TRASH ENCLOSURES:
One 320-square foot trash enclosure is proposed to be located near the southeast comer of the
building approximately 70-feet north of the service entrance on Riverside Drive. The enclosure is
proposed to be constructed ofCMU block with metal gates, all of which will match the materials
and colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop 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 is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - comply with the conditions of the preliminary plat.
Central District Health - if restroom facilities and food/beverage establishments are proposed,
plans are required to be reviewed by CDHD.
Chevron Pipeline - no conflict with the pipeline.
Eagle Fire Department - a complete set of building plans will be required to be submitted for their
review prior to any building permits being issued.
Idaho Transportation Department - no comment
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated September 8, 2008 (see attached).
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 Mixed Use.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6 (A)(S)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
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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) Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment, to provide shadow
relief. A void monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
· Eagle City Code Section 8-2A-6 (B)(1)(k)
Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance. These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented towards the road.
A waiver of this subsection Blk on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped, designed,
and situated, to eliminate the stark utilitarian look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection B I k, metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
. Eagle City Code Section 8-2A-6 (B)(6) Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be limited to
a maximum offorty feet (40') within the DDA and TDA and thirty five feet (35') in all other
locations. Additional height may be permitted if a conditional use permit is approved by the
city council.
· 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.
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. 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 of way, a five foot (S') wide by six foot (6') high
landscaped buffer is required.
· Eagle City Code Section 8-2A-7 (J)(3)
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
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 8-4-4-2(A)(3)
Except as noted in subsection A4 of this section, all site 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.
C. DISCUSSION:
. The applicant is proposing to construct a 73,SOO-square foot movie theater, which includes 14-
theaters with a total of2,SOO-seats. The architectural style of the buildings proposed within The
River District are considered Craftsman but allow for cleaner lines and forms with a greater variety
of materials. Although the movie theater is a very large building, it is staffs opinion that the
applicant has done a great job of breaking up the large tall walls, through the use of a variety of
materials, planer changes, building height variations, and proposed accent details.
The applicant is requesting approval to modify their development agreement to allow the height of
this building to exceed the 3S-foot maximum height allowed for buildings in Eagle City Code.
The height of the parapet walls are proposed to be 38 Y:z-feet, the height of the proposed decorative
parapet walls are 44-feet, the height of the main entry is 48-feet, and the height of the marquee
sign is S8-feet. The applicant's justification for the building exceeding that which is permitted in
Eagle City Code is to provide movie goers greater visibility by utilizing the industries standard
stadium seating. The decorative parapet walls, main entry, and marquee signage are all elements
that were incorporated into the design of the building to help break up the large tall walls. Staff
defers comment regarding the height of the building to the Design Review Board.
. The applicant is proposing to use eighteen (18) rooftop mechanical units which are approximately
8-feet in height. The applicant is aware that Eagle City Code requires rooftop mechanical units to
be completely screened from view by the parapet walls; however, the applicant is concerned that
the building is already massive with the parapet walls at 38 Y:z-feet and to add another 4-feet to the
height of the parapet walls would create an even more massive looking building. The mechanical
screening will allow a lower overall building height and additional visual interest by adding
another material in a different plane from the rest of the building. Sheets A3.1, A3.2, A3.3, and
A3.4 show the stucco mechanical screen walls. Staff defers comment regarding the mechanical
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screen walls to the Design Review Board.
· There are several areas on the building where corrugated metal is to be installed for accent
purposes. Per Eagle City Code, metal siding is required to be anodized, have concealed fastener
system, silicon polyester finish, and include special design treatments to enhance its appearance.
These treatments may include brick or masonry wainscot treatments along exterior walls and
accent colored metals. Metal siding may be allowed where the applicant shows that the metal is
architecturally compatible with surrounding buildings; is architecturally compatible with other
nonmetal buildings in the city; and is attractively landscaped, designed, and situated, to eliminate
the stark utilitarian look intended to be prevented by this subsection.
As noted earlier in the discussion with regard to the type of architectural style used within The
River District, the applicant has requested the use of a variety of materials, including corrugated
metal. Staff defers comment regarding the use of corrugated metal on the exterior of the building
to the Design Review Board.
· A decorative metal trellis is proposed to be located on each side of the main entrance to the theater
(on the north and west building elevations). The plans indicate that each trellis is to have some
backlighting. Per Eagle City Code, all site lighting is required to be recessed or shielded to direct
all light downward and the source of the light may not be directly visible by a person of average
height standing on the property line. Although Eagle City Code does not specifically address
accent lighting, it does address how the lighting is to be directed downward and screened from
view. Pursuant to past action by the Design Review Board and City Council, awnings have not
been permitted to be illuminated. Although an awning and trellis are different in many ways, they
are similar in how they help break up the face of a building, provide shadow relief, etc. and one
could say if illumination is allowed under a trellis it should be allowed under awnings. Staff
defers comment regarding the backlighting of the trellis to the Design Review Board.
· The applicant is proposing a laser cut feature to be located on the north and west building
elevations. The feature appears to resemble a river or water of some type. The plans indicate that
this feature is to have backlighting too. The applicant should be required to provide revised
elevation plans providing greater details as to what the materials, colors, lighting, mounting, etc.
are to be used in the construction of the "water" feature on the north and west building elevations.
The revised elevation plans and detailed plans should be reviewed and approve by staff and two
members of the Design Review Board prior to the City issuing a zoning certificate for this site.
· Ancona Business Park is located adjacent to the east property line of this site. When Ancona
Business Park was constructed a 5-foot wide landscape planter was installed adjacent to the west
property line of that development with a 24-foot wide drive aisle adjacent to that. The applicant of
the movie theater is proposing to construct a service drive along the east building elevation
providing access to the trash enclosure and service dock near the southeast comer of the building.
The service drive is approximately 20-feet wide and continues all the way north of the theater
property to the restaurant site proposed north ofthe theater. It is staffs opinion that this applicant
should try to work with the property owners to the east to provide a shared driveway on Riverside
Drive (on the theater property or the property located within Ancona Business Park).
· The southwest comer of the building is located approximately 4-feet north of the south property
line of this site. Per the setback set forth in the development agreement for Gateway South, the
minimum side setback is 7 ~-feet. The applicant should be required to provide a revised site and
landscape plan showing the southwest comer of the building is a minimum of7 Y2-feet north of the
south property line. The revised site and landscape plan should be reviewed and approved by staff
prior to the City issuing a zoning certificate for this site.
· The applicant is proposing to locate the trash enclosure at the southeast comer of the building.
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Staff is not sure why there is such a large area of pavement proposed on the south side of the
enclosure. Per Eagle City Code, to conceal outdoor trash enclosures a five foot (S') wide by six
foot (6') high landscape buffer is required. The applicant should be required to provide a revised
landscape plan showing how the trash enclosure will be screened by a five foot (S') wide by six
foot (6') high landscape buffer on the south side of the enclosure. The revised landscape plan
should 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.
· On October 16, 2007, the City Council approved a design review (DR-33-07) for the common area
landscaping for Eagle Gateway South Subdivision for Cornerstone Group, LLC. Since the
approval of the design review application, the theater, retail/office, and restaurant sites have
changed locations. The landscape islands and parking lot lighting have changed as well. In order
to verify that the interior landscaping and the parking lot light fixture locations still comply with
Eagle City Code, the developers of Eagle Gateway South Subdivision should submit a design
review modification for the interior parking lot landscaping and parking lot lighting. The design
review modification should be submitted to the City prior to the City issuing a building permit for
any pad site within this development. The design review modification should be reviewed and
approved prior to the City issuing a certificate of occupancy for any pad site within Eagle Gateway
South Subdivision.
· Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on September 2S, 2008, 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 (Whittaker absent) to approve DR-S4-08 for a design review application to
construct a movie theater for Ogden Entertainment, with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with strike
thru to be deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions ofPP-21-06, RZ-24-06, and DR-33-07 and any modification
thereafter.
2. Provide revised elevation plans providing greater details as to what the materials, colors, lighting,
mounting, etc. are to be used in the construction of the "water" feature in the plaza area on the north
and west sides of the building. The revised elevation plans and detailed plans shall be reviewed and
approve by staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
3. Work with the property owners to the east to provide a shared driveway on Riverside Drive (on the
theater property or the property located within Ancona Business Park). If a shared driveway is not
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possible. signage indicating: the driveway is a "Service Drive Only. No Public Access". shall be
installed.
4. Provide a revised site and landscape plan showing the southwest comer of the building is a minimum
of? lh-feet north of the south property line. The revised site and landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
5. Provide a revised landscape plan showing how the trash enclosure will be screened by a five foot (5')
wide by six foot (6') high landscape buffer on the south side of the enclosure. The revised landscape
plan 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.
6. Provide a revised landscape plan showing all deciduous trees to be a minimum on-inch caliper. The
revised landscape plan shall be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
7. Provide a revised landscape plan showing a landing and pathway from the man door located at the
southeast corner of the building just west of the trash enclosure. The revised landscape plan shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
8. Provide detailed cut sheets showing the style, color, size, etc. of the trash receptacles proposed to be
located within the plaza area of the theater. The detailed cut sheets shall be reviewed and approved by
staff prior to the City issuing a zoning certificate for this site.
9. The developers of Eagle Gateway South Subdivision shall submit a design review modification for the
interior parking lot landscaping. pedestrian movement and connectivity. and parking lot lighting. The
design review modification shall be submitted to the City prior to the City issuing a building permit for
any pad site within this development. The design review modification shall be reviewed and approved
prior to the City issuing a certificate of occupancy for any pad site within Eagle Gateway South
Subdivision.
10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
11. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
12. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
13. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
14. No ground mounted mechanical units are proposed with this application and none are approved.
15. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or screen walls mansafEI roofs.
16. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
17. No signs are proposed with this application. A separate design review sign application is required to be
approved prior to any signs being constructed on this site.
18. Provide several alternate colors to the pink neon light proposed under the metal trellis on the west and
north building elevations. The alternate colors shall be reviewed and approved by staff and two
members of the Design Review Board prior to the City issuing a zoning certificate for this site.
19. Provide revised elevation plans showing the materials and construction method of the "River Insignia"
proposed on the north and west building elevations. The revised elevation plans shall be reviewed and
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approved by staff and two members of the Design Review Board prior to the City issuing a zoning
certificate for this site.
20. Provide material samples and colors of all materials to be used on the exterior of the building,
including the stamp and color to be used in the plaza area. The material samples and colors shall be
reviewed and approved by staff and two members of the Design Review Board prior to the City issuing
a zoning certificate for this site.
21. Provide the specific type and tint of the glass to be used on the building. The type and tint of glass
shall be reviewed and approved bv staff and two members of the Design Review Board prior to the
City issuing a zoning certificate for this site.
22. Provide a roof drainage plan showing all outlet points and how the drainage will be handled where
hard surface areas are located below the outlet points. The roof drainage plan 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.
23. The internal seating of the building shall be limited to 2,SOO-seats unless additional parking spaces are
provided or unless the City Council approves a parking reduction.
24. Provide a revised landscape plan with a note identifying a minimum of two feet (2') oftop soil is
required to be installed throughout all planter and lawn areas. The revised landscape plan 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.
2S. Provide a revised landscape plan showing the grass area located south of the trash enclosure to include
a planter bed to be planted with shrub material to help conceal the trash enclosure. The revised
landscape plan 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.
26. Provide a revised elevation plan showing the wall screening the dumpster to be the height of the
dumpster plus one foot (1 '). The revised elevation plan 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.
27. Provide a lighting plan showing the location, height, stvIe, type of luminaries of all lighting on the
exterior of the building and surrounding area. The lighting plan and all cut sheets 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.
28. The height of the parapet walls, screen walls, entry feature, and marquee sign as shown on the
elevation plans date stamped by the City on September IS, 2008, are approved.
29. The digital reader board, located over the main entry doors, is approved. The reader board shall be one
background color with one color of lights and the lights shall not scroll or flash.
30. Provide several alternate materials to be located where the large vertical sections of the corrugated
metal are located on the comers of the building. The revised materials shall be reviewed and approved
bv staff and two members of the Design Review Board members prior to the City issuing a zoning
certificate for this site.
STANDARD CONDITIONS OF APPROVAL:
I. 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 first.
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2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
ofthe 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.
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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 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,
I,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and I,SOO
gallons per minute for non-residential uses (Le.; 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.
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 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.
14. 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.
IS. 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.
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 City
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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 the City Council 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 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.
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
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
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 August 13,2008.
2. Requests for agencies' reviews were transmitted on August 25, 2008, 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-54-08) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the MU-DA (mixed use with development agreement) zoning district.
5. The Board recommends approval of the building height as presented with the screen walls, entry
feature, and sign marquee exceeding the maximum height of thirty five feet (35') allowed within Eagle
City Code. Allowing the height of the building to exceed thirty five feet (35') provides adequate floor
to ceiling height for the stadium style seating typically provided in theaters. Permitting the screen
walls to extend above the parapet walls adds visual interest to the building, while the height of the
entry feature and marquee sign extending above the parapet walls breaks up the long tall parapet walls
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of the building while providing a sense of entry to the building.
DA TED this 2nd day of October 2008.
DESIGN REVIEW BOARD
OF THE CITY OF E G E
Adl]}J ~V
Erib R. McCullough, Chairman
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