Findings - DR - 2011 - DR-28-11 - Construct A Multi-Tenant Restaurant/Retail Building With Drive Thru BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A MULTI- )
TENANT RESTAURANT/RETAIL BUILDING WITH )
DRIVE-TRHU FOR GARDNER COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-28-11
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on August 25, 2011. 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:
Gardner Company, represented by Jeff Likes with ALC Architecture, is requesting design review
approval to construct a 3,100-square foot multi-tenant restaurant/retail building with a drive-thru.
The 0.75-acre site is located on the north side of West State Street within Arts West Subdivision at
94 North Fisher Park Way.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 21, 2011.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 3, 2011, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 7, 2004,the Eagle City Council approved a comprehensive plan amendment and
rezone(CPA-3-03 &RZ-8-03)with a development agreement(including a concept plan)for this
site.
On April 12, 2005, the Eagle City Council approved a preliminary plat for Symphony Subdivision
(PP-07-04) on this site.
On April 17, 2007,the Eagle City Council approved a preliminary plat time extension for
Symphony Subdivision(PP-07-04)on this site.
On November 13, 2007,the Eagle City Council approved a conditional use permit for a height
exception request for the Arts West Music Academy building(CU-13-07).
On November 13, 2007,the Eagle City Council approved the common area landscaping and Arts
West Music Academy building(DR-67-07).
On November 12, 2008,the Eagle City Council approved a modification to the rezone
development agreement to permit a restaurant with a drive-thru(RZ-08-03 MOD).
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On June 28, 2011, the Eagle City Council approved a modification to the rezone development
agreement to permit a restaurant with drive-thru prior to Fisher Park Way being connected to Flint
Drive (north from State Highway 44) (RZ-08-03 MOD2).
E. COMPANION APPLICATIONS: DR-29-11 (master sign plan sign application)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant lot within Arts
development agreement) West Subdivision
Proposed No Change No Change Multi-tenant
Restaurant/Retail Building
with drive-thru
North of site Transitional Residential R-3-DA(Residential Three Vacant
with Development Agreement)
South of site Mixed Use MU-DA(Mixed Use with a Restaurant Building within
development agreement) Arts West Subdivision
East of site Mixed Use MU-DA(Mixed Use with a Vacant lot within Arts
development agreement) West Subdivision
West of site Roundabout/Vacant lot
Mixed Use MU-DA(Mixed Use with a within Arts West
development agreement)
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: Vacant lot within Arts West Subdivision. Most of the
parking area on this site has been developed, as well as the adjacent street with street trees.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.75-acres (32,497-square feet) 0.11-acres (5,000-square feet)
(minimum)
Percentage of Site Devoted to 10% (approximately) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 59% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 23-parking spaces 21-parking spaces*
Front Setback 69-feet(east) 20-feet(minimum)
Rear Setback 39 '/2-feet(west) 20-feet(minimum)
Side Setback 49-feet(north) 7.5-feet(minimum)
Side Setback 34-feet(south) 7.5-feet(minimum)
*Note:Parking required if using parking calculation for restaurant use(1-parking space per 150-SF).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a restaurant/retail building with a
drive-thru.
Height and Number of Stories of Proposed Buildings: 34' 2"high; one story.
Gross Floor Area of Proposed Buildings: 3,100-square feet.
On and Off-Site Circulation:
A more than adequately sized paved parking lot will provide parking for vehicles using this site.
Ingress/egress to the site is to be provided by one access point located on State Highway 44 and
one access point to Flint Drive.
K. BUILDING DESIGN FEATURES:
Roof: Fiberglass Asphaltic Shingles (Shadow Gray)
Walls: Stucco (Grant Beige, Hazelnut Cream, Kingsport Gray) Stone (cultured stone lake erie
limestone)
Windows/Doors: Aluminum store front(Dark Bronze)
Fascia/Trim: Wood textured fiber cement board (Brown Tar), Rough sawn header(stained Brown
Tar)
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
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Street Trees: There are existing street trees on Fisher Park Way.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking'Lot Landscaping: Parking Lot Landscaping: The perimeter and interior parking lot
landscaping were reviewed and approved with the design review application for the common area
landscaping within Eagle Island Crossing(DR-67-07).
M. TRASH ENCLOSURES:
One 144-square foot trash enclosure is proposed to be located near the northeast corner of the site
approximately 100-feet east of the Fisher Park Way roundabout. The enclosure is proposed to be
constructed of smooth and split face CMU with metal gates, all of which will match the colors
used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet walls or within the roof of the building.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of 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 AVAILABLE:
Preliminary approval letters from Eagle Fire Department, Eagle Sewer District, and United Water
of Idaho have been received by the City.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion -no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation -no
Steep Slopes- no
Stream/Creek-no
Unique Animal Life- no
Unique Plant Life- no
Unstable Soils-unknown
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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—No site specific conditions of approval.
Chevron Pipe Line Company—No conflict with the pipe line.
Eagle Fire Department—No opposition to the application, however a complete set of building
plans shall be submitted to the Department for review and approval prior to any building permits
being issued.
Eagle Sewer District—Construction plans will need to be submitted to the District for impacts and
the assessment offees.
Idaho Transportation Department—No comment.
United Water Company— This property is currently serviced by two 12-inch water mains.
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map 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)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable, electrical,
and telephone service systems shall be installed underground, and the design review board
shall consider:
• Eagle City Code Section 8-2A-6(A)(5)(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
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(B)(2)(e)
e. Metal; standing seam, batten seam(concealed fasteners required);
• Eagle City Code Section 8-2A-6(B)(5)(c)
Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
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C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.14 Any building with a proposed drive-thru shall be designed in such a way as to compliment the
overall character of the development and design styles exceeding the standard utilitarian look of
a building with a drive-thru shall be required. The applicant shall also shall provide a minimum
forty-eight inch (48") high berm, decorative lblock wall, cultured stone, decorative rock, or
similarly designed concrete wall, landscaping, or combination thereof within the buffer area
adjacent to the drive-thru lane to reduce the impact of the vehicles utilizing the drive-thru lane
(i.e. vehicle headlights and vehicle cueing).
D. DISCUSSION:
• The applicant is proposing to construct at 3,100-square foot multi-restaurant/retail building with a
drive-thru lane within Arts West Subdivision. The architecture of the building is a combination of
the English Cottage and Tudor styles as described within the EASD book,which is consistent with
the other buildings that have been constructed within this subdivision. A drive-thru lane is
proposed for the tenant in the southern lease space of the proposed building. Per the development
agreement associated with the entire development of Arts West Subdivision, a 48-inch high berm,
decorative wall, landscaping, or combination thereof is required adjacent to the drive-thru lane to
reduce the impact of the vehicles utilizing the drive thru lane(i.e.: vehicle headlights and vehicle
cueing). The applicant is proposing landscaping and a 48-inch high CMU wall,with decorative
stone to match that used in the construction of the building, along the western portion of the drive-
thru lane adjacent to the sidewalk along Fisher Park Way. A 5-foot wide landscape buffer is
proposed along the southern end of the drive-thru lane. Staff defers comment regarding the
proposed screening of the drive-thru lane to the Design Review Board.
• 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 to consider the application was held before the Design Review Board on August 25, 2011,
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 (Hull abstained)to approve DR-28-11 for a design review application to
construct a multi-tenant restaurant/retail building with drive-thru for Gardner Company,with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of the development agreement(RZ-08-03, RZ-08-03MOD,
RZ-08-03MOD2).
2. Provide a revised elevation plan of the west building elevation showing the man door located in the
southern tenant space. The revised elevation plan shall be reviewed and approved by staff priors to the
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issuance of a zoning permit.
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application. A separate design review application(DR-29-11)has been
submitted for the approval of a master sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
11. Provide a revised site and landscape plan showing a five foot(5')wide sidewalk constructed adjacent
to the western most parking space adjacent to the north property of this site. The revised site and
landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
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.
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7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting,piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3)satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash,weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
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to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
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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 July 21, 2011.
2. Requests for agencies' reviews were transmitted on August 3, 2011, 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-28-11) 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.
DATED this 8`h day of September 2011.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
q1(7-Eri . cCullough, Chairman ..' O R Pp�.'c ;+
. M =
ATTEST: It,-, 44
---‘1 4 jy•-s—I-CAA___- ....■-:4144 10\ .7'
0 .
Sharon K. Bergmann, Ea le City
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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