Findings - DR - 2010 - DR-23-10 - Convert A Retai Drugstore Into A Restaurant
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONVERT )
A RETAIL DRUGSTORE INTO A )
RESTAURANT FOR BILL MCCARREL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-23-10
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on October 14, 2010. The Design Review Board having heard and taken oral and written
testimony, and having duly considered the marter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Bill McCarrel is requesting design review approval to convert a retail drugstore into a restaurant.
The 0.32-acre site is located on the north side of East State Street approximately 130-feet east of
Eagle Road at 50 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 8, 2010.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 13,2010, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 10, 2010, the Eagle City Council denied a conditional use permit for a bar without a
restaurant for this site (CU-02-1 0).
On August 10, 20 10, the Eagle City Council denied a design review application to convert a retail
drugstore to a bar (DR-I 1-10).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business CBD (Central Business District) Vacant building (formerly Orville
District J acksons Drugstore)
Proposed No Change No Change Restaurant
North of site Central Business CBD (Central Business District) Residential (Carpenters Addition
District Subdivision)
South of site Central Business CBD (Central Business District) Eagle Museum and restaurant
District (Wild West Bakery)
East of site Central Business CBD (Central Business District) Office building
District
West of site Central Business CBD (Central Business District) Restaurant (Smoky Mountain
District Pizza)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Downtown Development
Area (DDA).
H. EXISTING SITE CHARACTERISTICS: There is an existing 4,859-square foot building located on
this site. The parking is located to the east and north of the existing building and is accessed by a
shared driveway with the building to the east (82 East State Street) and from an alley adjacent to
the north.
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1. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.32-acres (14,33 I-square feet) O.Ol-acres (500-square feet)
Percentage of Site Devoted to 33% (approximately) 40% (minimum)*
Building Coverage 95% (maximum)*
Percentage of Site Devoted to 10% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 19-parking spaces 19-parking spaces (minimum)
Front Setback O-feet (south) O-feet (minimum).
O-feet (maximum).
Rear Setback 48-feet (north) O-feet (minimum)
Side Setback O-feet (west) O-feet (maximum)*
Side Setback 34-feet (east) O-feet (maximum).
* Note: Minimum and maximum lot coverage and setbacks required when located within the DDA.
1. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Building: One building to be used as a restaurant.
Height and Number of Stories of Existing Building: 18-feet (approximately); one story.
Gross Floor Area of Existing Building:
Storage (uninhabitable area)
Restaurant area
Total
= I,732-square feet
= 2,592-square feet
= 4,324-square feet
On and Off-Site Circulation:
A 6,685-square foot (approximately) paved shared parking lot provides parking for vehicles using
this site. One 26-foot wide shared driveway is located on the south side of this site on the shared
lot line with the property to the east of this site providing access to East State Street.
K. P ARKING ANALYSIS:
Restaurant Area:
2,592-square feet
· ECC Section 8-4-5 requires I parking space per I 50-square feet of gross floor area for
"Restaurants, dining rooms, taverns nightclubs, etc." uses.
Storage Area:
I,732-square feet
· ECC Section 8-4-5 requires I parking space per I,OOO-square feet of gross floor area for
"Storage (includes building and/or fenced area)" uses.
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2,592 + 150 = 17-parking spaces required
1,732 + 1,000 = 2-parking spaces required
19-parking spaces provided on site
L. BUILDING DESIGN FEATURES:
The site contains an existing building (Orville Jacksons Drugstore) which was constructed in 1910
and subsequently remodeled in 1940. The building materials consist of board and bat siding and
CMU block walls. The storefront windows, with the old window decals, are covered by a portico
located over the eight (8) foot wide sidewalk on the south side of the building.
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are four (4) existing trees located on
this site. The applicant is proposing to protect and retain these four (4) trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: There is one street tree located near the southeast corner of the site adjacent to East
State Street.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
No perimeter landscaping is proposed around the parking lot of this site. There is
cross access between this site and the site to the east.
b. Interior Landscaping: 5% interior landscaping is required, 5% is proposed.
N. TRASH ENCLOSURES:
One 157 -square foot trash enclosure is proposed to be located near the northeast corner ofthe
building approximately 2-feet south of the alley. The enclosure is proposed to be constructed of
pressure treated wood posts with wood sides and gates to match that which was used in the
construction ofthe building.
O. MECHANICAL UNITS:
The existing mechanical units are located on the roof and are screened by the existing parapet
walls.
P. OUTDOOR LIGHTING:
There are several building lights located on the east and north building elevations that do not
comply with Eagle City Code with regard to the lamp and lens being screened from view.
Currently there are no parking lot light fixtures.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
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R. PUBLIC SERVICES AVAILABLE:
Preliminary approvallerters from Central District Health Department and Eagle Fire Department
have not 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
Fish Habitat - no
Floodplain - no
Mature Trees - yes - one deciduous tree located adjacent to East State Street within a tree grate,
one conifer tree located near the southeast corner of the building, and two deciduous trees located
in proximity to the northeast corner of the building.
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: None at the time of the Design Review Board meeting.
X. LETTERS FROM THE PUBLIC: Email from The Eagle Historic Preservation Commission dated
October 14,2010.
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 Central Business District.
Central Business District
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public,
quasi-public, cultural, residential and other related uses are encouraged. The greatest possible
concentration of retail sales and business is to occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district requires a CBD
zoning designation upon any rezone.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-3: EFFECT OF OTHER PROVISIONS:
If any provision of this article is found to be in conflict with any other provision of any zoning,
building, fire safety or health ordinance or other provision ofthis code, the provision which
establishes the higher and/or more restrictive design standard shall prevail. However, in order
to foster rehabilitation of older districts and comply with unforeseen future needs of the
overlay districts, the city council may, at their discretion, suspend or relax some or all
requirements found in this code, if the city council determines a particular site, setting, or use
to be of historical significance.
· Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles, themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
I may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permirted styles. Architectural styles not shown within the EASD book will
not be considered. A copy of the EASD book is available at Eagle city hall.
. Eagle City Code Section 8-2A-6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground.
· Eagle City Code Section 8-2A-6(C)(3)
Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter, the setback requirements below shall control:
b. Side building setbacks shall be zero feet (0') so as to tie into adjoining structures.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%)
and a maximum of ninety five percent (95%) in which case off site parking shall be
provided for. The lot coverage requirement may be waived if development of the lot as a
parking lot is reviewed by the design review board and is approved by the council.
Furthermore, the minimum lot coverage requirement may be reduced by the council for
the purpose of providing adequate on site parking in accordance with the provisions of this
title for structures that include residential uses on floors other than the ground floor.
· Eagle City Code Section 8-2A-6(C)( 4)
Parking:
a. Off street parking shall be behind buildings. If the parcel is developed as a parking lot, a
landscape buffer shall be provided between the parking lot and any street. Limited parking
potential in the DDA may allow for reduced parking ratios where there is access to public
or shared parking.
d. Shared parking shall be encouraged.
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· Eagle City Code Section 8-2A-6(C)(5)
Landscaping And Streetscape: All landscaping shall comply with the landscape requirements
contained in section 8-2A-7 of this article. Other streetscape and design elements shall comply
with the requirements contained within subsection G of this section.
· Eagle City Code Section 8-2A-6(G)(l2)
Sidewalks within the DDA shall be a minimum often feet (10') wide and shall abut the curb.
Sidewalks shall be constructed to match the sidewalk exhibit within the EASD book,
consisting of smooth concrete and textured concrete with a "running bond" brick pattern.
"Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD
book and shall be required at all intersections, except that bulb outs shall not extend into any
roadway designated as an arterial or collector as shown on the Ada County long range
highway and street map unless otherwise approved by the highway district having jurisdiction.
A reduced sidewalk section may be permirted if the design review board finds that the
preservation of existing trees warrants a reduction. In no case however shall the sidewalk be
reduced to less than six feet (6') in width.
· Eagle City Code Section 8-2A-7(B)(2)
Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are
integrated into the design of the landscaped area, may be included in the ten percent (10%)
landscape coverage requirement.
· 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 (5') wide by six foot (6') high
landscaped buffer is required.
· Eagle City Code Section 8-2A-7(J)(3)
Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or
decorative wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chain link fencing, with slats or otherwise, and cedar fencing is prohibited for
screen mg.
· Eagle City Code Section 8-2A-7(K)
Parking Lot Landscaping:
I. Visual Impact: Landscaping shall be provided to minimize the visual impact of off
street parking:
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Parking should be located to the side and rear of buildings and shall be screened so that it
does not dominate the streetscape. Fences, hedges, berms, and landscaping may be used to
screen parking areas (chainlink fencing shall not be permirted). In the design of large
parking areas, arrange bays of parking spaces to be separated by landscaping. When
parking lots occur on sloping terrain, step the parking lots to follow the terrain rather than
allowing the lot surface to extend above natural grade.
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is
located adjacent to a public right of way. The landscaped strip shall serve to shield views
of parked cars to passing motorists and pedestrians, and to establish coordination among
architecturally diverse buildings, which creates a pleasing, harmonious appearance along
the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1
slope) within a ten foot (10') wide landscaped strip between the right of way and the
parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop
from the right of way to the parking lot, and plant with a minimum of one shade tree
and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway
openmgs.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or
concrete along with a four foot (4') wide landscaped strip between the right of way and
the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of frontage, excluding driveway openings. (Ord. 462, 11-11-2003)
(1) The board may waive the requirement for a wood, brick, stone, decorative
block or concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing
that the overall planting design, at the time of planting, results in an effective
barrier such that the landscape strip shields the view of parked cars from passing
pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site design
of the entire project and is compatible with the surrounding area. (Ord. 434, 1-14-
2003 )
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking
areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the
property lines and the parking lot, and plant with a minimum of one shade tree and
five (5) shrubs per thirty five (35) linear feet of perimeter.
4. Parking Lot Interior Landscaping:
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a. Calculated Amount: Interior parking lot landscaping shall be required on any
parking lot with ten (10) spaces and above. The required amount of landscaping is
based on a sliding scale, as follows:
Total Number
Of Spaces
Percent Of Total Area Of
A Lot That Must Be An
Interior Landscaped Area
10 - 20
5 percent
21 - 50
8 percent
51 +
10 percent
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5') in any dimension.
(2) No parking space shall be more than sixty feet (60') from an interior
landscaped area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to
consistently reduce the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended
as primary plantings in interior landscaped areas. Deciduous shade trees are to
be clear branched to a height of six feet (6').
(5) A terminal island for a single row of parking spaces shall be landscaped
with at least one tree and shrubs, ground cover, or grass. A terminal island for
a double row of parking spaces shall contain not less than two (2) trees and
shrubs, ground cover, or grass.
· Eagle City Code Section 8-4-2 APPLICATION OF PROVISIONS:
A. No building or structure shall be erected, substantially altered, or its use changed unless
permanently maintained off street parking and loading spaces have been provided in
accordance with the provisions of this title.
B. The provisions of this chapter, except where there is a change of use, shall not apply to any
existing building or structure. Where a new use involves no additions or enlargements, there
shall be provided as many such spaces as may be required by this title.
C. Whenever a building, structure, or use, constructed or changed in use after the effective
date hereof, is changed or enlarged in floor area, number of employees, number of dwelling
units, seating capacity, or otherwise to create a need for an increase in the number of existing
parking spaces per this title, additional parking spaces shall be provided so that the existing
building, structure, or use, and proposed enlargement or change in use, shall then and
thereafter comply with the full parking requirements set forth herein.
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· Eagle City Code Section 8-4-4-2: ADDITIONAL DESIGN AND MAINTENANCE
REGULA TIONS AND REQUIREMENTS:
A. Site Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
(Ord. 422, 4-23-2002)
2. Any lights used to illuminate a site shall be arranged to reflect the light away from the
adjoining property.
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.
· Eagle City Code Section 8-4-4-2(A)(8)
Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
· Eagle City Code Section 8-4-4-6: BICYCLE PARKING:
One bicycle parking space within an approved rack shall be required for each thirty (30)
required automobile parking spaces or fraction thereof for office and commercial
developments. Multi-family residential developments shall provide one bicycle rack space per
each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in
accordance with the parking facility criteria ofthe "Bicycle-Pedestrian Design Manual for Ada
County" as prepared for the Ada County highway district with the exception that bicycle racks
do not have to be covered unless required by the design review board, or planning and zoning
commission or city council.
· Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
Restaurants, dining rooms, taverns 1 per 150 square feet of gross floor area; plus I per
nightclubs, etc. 35 square feet dance floor
Storage (enclosed building and/or 1 per 1,000 square feet of gross storage area
fenced area)
C. DISCUSSION:
· The applicant is requesting design review approval to convert a retail drugstore into a restaurant.
The building was constructed in 1910 and remodeled in 1940. Per Eagle City Code, in order to
foster rehabilitation of older districts and comply with unforeseen needs of the overlay districts, the
City Council may, at their discretion, suspend or relax some or all requirements found in this code,
if the City Council determines a particular site, serting, or use to be of historical significance.
There are numerous areas of the code which this site does not comply with regarding the
architectural style ofthe building, setbacks, lot coverage, parking lot landscaping, streetscape, etc.
No changes are being proposed to the architectural style of the building, however, in order to
comply with life safety issues within the building code, certain elements ofthe building will be
reinforced and/or rebuilt. Staff defers comment with regard to the architectural style, setbacks, and
lot coverage of the building to the Design Review Board.
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· The site plan date stamped by the City on September 8,2010, does not show a terminal island on
the north end (near the alley) of the parking spaces located on the east side of the building, nor
does it show terminal landscape islands at the west or east ends of the parking area located on the
north side of the building. Terminal islands are required to be a minimum of five (5) feet wide and
planted with at least one tree and shrubs, ground cover, or grass. The applicant should be required
to provide a landscape plan showing a terminal island on the north end of the parking area located
on the east side of the building and terminal islands on the east and west ends of the parking area
located on the north side of the building. The landscape plan should be reviewed and approved by
the Design Review Board prior to the City issuing a zoning certificate for this site.
· Pursuant to Eagle City Code, landscaping is to be provided between parking lots and public right
of way to minimize the visual impact of off street parking. There is an existing tree located at the
southern end of the parking lot within an approximately twenty five (25) square foot landscaped
area. The applicant should be required to provide a landscape plan showing a landscape buffer
between the parking lot and the sidewalk adjacent to East State Street in compliance with Eagle
City Code Section 8-2A-8(K)(2)(a-d). The landscape plan should be reviewed and approved by
the Design Review Board prior to the City issuing a zoning certificate for this site.
· There is an eight (8) foot wide standard, smooth gray concrete sidewalk located adjacent to East
State Street on the south side of the building. There is a street tree located within a tree well with a
standard City of Eagle tree grate located near the southeast corner of the site adjacent to East State
Street. The applicant is not planning any modifications to the sidewalk adjacent to this site.
Pursuant to Eagle City Code, a ten (10) foot wide sidewalk consisting of smooth concrete and
textured concrete with a "running bond" brick partern is required to be constructed adjacent to
East State Street. Eagle City Code does allow a reduced sidewalk section if the Design Review
Board finds that the preservation of existing trees warrants a reduction. In no case however shall
the sidewalk be reduced to less than six (6) feet in width. Staff defers comment regarding the
width and sidewalk design to the Design Review Board.
· The application indicates that the trash enclosure is to be constructed of wood to match the
building. The site plan date stamped by the City on September 8, 2010, shows the trash enclosure
to be located near the northeast corner of the building. Pursuant to Eagle City Code, a five (5) foot
wide by six (6) foot high landscaped buffer is required to screen the trash enclosure from
residential activities or public rights-of-way. Cedar fencing is prohibited for screening the trash
enclosure. The applicant should be required to provide a landscape plan showing a five (5) foot
wide by six (6) foot high landscape buffer around the trash enclosure. The landscape plan should
be reviewed and approved by the Design Review Board prior to the City issuing a zoning
certificate for this site. The applicant should provide revised elevation plans showing the trash
enclosure to be constructed of materials that complement the building but are not cedar or
chainlink with slats. The revised elevation plans should be reviewed and approved by the Design
Review Board prior to the City issuing a zoning certificate for this site.
· There are several building lights located on the east and north building elevations that do not
comply with Eagle City Code with regard to the lamp and lens being screened from view. There
are no parking lot light fixtures located on this site nor are any proposed. The applicant should be
required to provide revised elevation plans showing the non compliant building lights on the east
and north building elevations replaced with light fixtures that comply with Eagle City Code.
Detailed light fixtures showing the style, wartage, luminaries, etc. should be submitted to the City.
The revised elevations and detailed cut sheets 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.
· Staff defers comment regarding building design and colors to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on October 14,2010,
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 one individual
(not including the applicant/representative) that urged the Board and Council to consider waiving code
sections that would otherwise be too costly for the applicant to complete, thus giving the applicant no
choice but to walk away from the project and leaving the building vacant. Leaving the building vacant
would continue the downward spiral that has hit the City of Eagle and caused many businesses to
close.
BOARD DECISION:
The Board voted 3 to 0 (McCullough, Grubb, Whirtaker, and Pascua absent) to approve DR-23-IO
for a design review application to convert a retail drugstore into a restaurant for Bill McCarrel,
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:
I. A cross access agreement shall be created bv City Staff and provided to the applicant for their review.
PrElvide a The cross-access agreement allowing the sites to the east and west to access this site.,...+fle
eross assess agreemeRt shall be reviewed and approved by the Zoning Administrator and shall be
recorded in the Ada County Recorder's office prior to the City issuing a zoning certificate for this site.
2. Provide a laRdseape plan sRO\viRg a teTffiiRal islaRd OR the Rorth end of the parking area loeated OR the
east side of the buildiRg aRd teTffiiRal islaRds on the east aRd '.',est eRds of the flarkiRg area loeated on
the Aorth side oft-he building. The landseape plaR shall be reviev,ed aRd appro'/ed by the Design
Revie'.', Board prior tEl the City issuing a zORing eertifieate fer this site.
3. The landscape plan date stamped by the City on October 14. 2010, showing the existing tree and
proposed planters at the southern end of the parking lot is approved. Proviae a laRdseape plaR sho'Ning
a laRdseape buff-er beh'leen the parking; lot aRd the sidewalk adjaeent to East State Street ineomplianee
with Eagle City Code Seetiofl 8 2,^. 8(K)(2)(a d). The laRdseape filaR shall be re'.'iewed aRd approved
by the Design Revie'N Board prior to tHe City issuiRg a zoning eertifieate for this site.
4. The landscape plan date stamped by the City on October 14.2010, showing a landscape buffer around
the trash enclosure is approved. Pro'/ide a landseape fllan sho'Ning a five (5) foot wide by six (6) foot
higH laRdseape buffer around the traSH enelosure. THe landseape plaR shall be revie'Ned and appro'.'ed
by the Design Revie'.'.' Board prior to the City issuing a l3Elning eertifieate for tHis site.
5. Provide revised elevation plans showing the trash enclosure to be constructed of board and bat material
to materials that complement the building but are not eedar or ehainlink y,it-h slates. The revised
elevation plans 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 revised elevation plans showing the non compliant building lights on the east and north
building elevations replaced with light fixtures that comply with Eagle City Code. Detailed light
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fixtures showing the style, wartage, luminaries, etc. shall be submirted to the City. The revised
elevations and detailed 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.
7. All overhead l:Itilities servioiRg this site shall be located uRderground prior to the issl:Iam:e of a
certificate of occl:Ipaney for this site.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Rooftop mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application. A separate design review application is required prior to
installation of any signs on this building or site.
16. No changes to the building or site are being made that increase storm water retention needs, therefore
any standard conditions of approval that relate to modifying the storm water retention/detention
facilities shall not be applicable to this application.
17. Due to the declining health of the northern most tree located in close proximity to the future trash
enclosure area, the applicant is permitted to remove the tree. No monetarv compensation to the City
Tree Fund is required if the applicant removes said tree.
18. The bike rack shall be a color that compliments the building. The color of the bike rack shall be
reviewed and approved by staff prior to the issuance of a zoning certificate for this site.
19. The backs of all seating, which can be seen from the storefront windows, shall be covered to provide a
finished look to passing motorist and pedestrian traffic.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Wrirten approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submirted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
lerter.
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 submirted 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 submirted 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 submirted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submirted and approved as to the location, height and wartage 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.
II. Parking lot light plan shall be submitted and approved as to the location, height and wartage by the
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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 submirted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submirted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The lerter 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 (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.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor 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 Commirtee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
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elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modifY the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
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 September 8, 2010.
2. Requests for agencies' reviews were transmitted on October 13, 20 I 0, 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-23-l0) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan as described herein.
As provided in Eagle City Code Title 8, Chapter 2, Article A, Section 3, Effect of Other provisions,
the Board recognizes that this site does not comply with several areas of the code regarding building
architecture, setbacks, lot coverage, burying overhead utilities, and on-site landscape buffers. The
Board recommends that the code sections regarding these items be suspended or relaxed to foster the
rehabilitation of this building and site. With the approval of the proposed use, the site is expected to
become a popular gathering place and will enhance this area of the city in a positive way.
It is the Board's opinion that providing additional parking spaces is more important than creating
landscape islands near the alley as required by Eagle City Code. If landscape islands were constructed
on the north end of the parking lot near the alley and on the west end of the parking lot between this
site and the site to the west, it would reduce the proposed parking on this site by a minimum of two (2)
parking spaces. The Board recommends that the required landscape islands not be required because
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they are located at or near the alley and would not be visible from East State Street and because two
parking spaces in this area of town are a far greater benefit for the proposed restaurant.
The Board acknowledges that no changes to the building or site are being made that increase the storm
water retentions needs of this site, therefore the Board recommends that any standard conditions of
approval that relate to modifying the storm water retention/detention facilities shall not be applicable to
this application.
4. Will, in fact, constitute a permirted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (central business district) zoning district.
DATED this 28th day of October 2010.
~
Sharon K. Bergmann, Eagle City Clerk
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ATTEST:
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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