Findings - DR - 2012 - DR-21-12 - Construct A Building Addition To The Wild West Restaurant BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT )
A BUILDING ADDITION TO THE WILD )
WEST RESTAURANT FOR NAOMI PRESTON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-21-12
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 10, 2012. 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:
Naomi Preston, represented by Brett Labrie with BGL Architecture, is requesting design review
approval to construct a 110-square foot building addition to the Wild West restaurant for an
outdoor cooking area. The 0.12-acre site is located on the south side of East State Street
approximately 150-feet east of Eagle Road at 83 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 20, 2012.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 12, 2012,the Eagle Design Review Board remanded the design review application for an
outdoor cooking area to staff(DR-21-12).
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 Downtown CBD(Central Business Restaurant
District)
Proposed No Change No Change No Change
North of site Downtown CBD(Central Business Indoor Entertainment
District) Facility(The Gathering
Place)
South of site Downtown CBD(Central Business Office building
District)
East of site Downtown CBD (Central Business Vacant lot
District)
West of site Downtown CBD(Central Business Eagle Historic Museum
District)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the DDA (Downtown
Development Area).
H. EXISTING SITE CHARACTERISTICS: There is an existing 1,728-square foot building that is
currently used as a restaurant with outdoor dining located between the north building elevation and
the sidewalk adjacent to East State Street.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.12-acres (5,228-square feet) 0.01-acres(500-square feet—
minimum)
Percentage of Site Devoted to 35% (approximately) 40%(minimum)*
Building Coverage 95% (maximum)*
Percentage of Site Devoted to Less than 10% 10% (minimum)
Landscaping
Number of Parking Spaces No paved parking area 13-parking spaces (minimum)
proposed. Existing gravel
parking area located south of
building.
1-on street parking space on
East State Street
Front Setback 22-feet(north) 0-feet(minimum)*
10-feet(maximum)*
Rear Setback 50-feet(south) 0-feet(minimum)
Side Setback 0-feet(east) 0-feet(maximum)
Side Setback 0-feet(west) 0-feet(maximum)
*Note:Required lot coverage and setbacks when located within the DDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Buildings: One building used as a restaurant. Building addition for outdoor
cooking.
Height and Number of Stories of Proposed Buildings: The new addition varies in height from 10-feet
to 13-feet in height
Gross Floor Area of Building: Existing= 1,728-square feet
Proposed= 110-square feet
Total= 1,838-square feet
On and Off-Site Circulation:
There is an unimproved parking area located south of the building which is accessed from the alley
located adjacent to the south property line of this site. The applicant is not proposing any changes
to this parking area.
K. BUILDING DESIGN FEATURES:
Roof: Composite Shingles(black)
Walls: Heavy Timber Framing (stained dark brown), stucco texture cement panel (off-white to
match color of building).
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Trim: Trim/Battens(stained to match heavy timber elements)
L. LANDSCAPING DESIGN:No changes are proposed.
M. TRASH ENCLOSURES:
No trash enclosures are proposed with this application. There are two(2)trash receptacles
currently located at the southeast corner of the site. One is for refuge and one is for recycling.
Neither of these receptacles are screened from view per Eagle City Code.
N. MECHANICAL UNITS:
No additional mechanical (roof top or ground mounted)are proposed with this building addition.
O. OUTDOOR LIGHTING:No changes are proposed.
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:
Letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District, and
the water service provider are 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
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
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES: None
W. LETTERS FROM THE PUBLIC: None received to date.
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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 Downtown.
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 of this 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 design review board may, at their discretion, suspend or relax some or all
requirements found in this article, if the design review board 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-
1 may only be modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted 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)(2)(c)
The providing of screen plantings or other screening methods reasonably required to conceal
outdoor storage areas,trash receptacles, service areas,truck loading areas, utility buildings and
other unsightly developments;
• 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(C)(2)(f)
Facade: All buildings shall include a"storefront" on the ground floor consisting of a minimum
of fifty percent(50%) glass. Floors above the main floor shall have a minimum of twenty five
percent(25%)glass. The front of any building is the facade that fronts upon any street.
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• 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:
a. Front building setbacks from the property line shall be a minimum of zero feet(0')to a
maximum of ten feet(10').
b. Side building setbacks shall be zero feet(0') so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s) longer than ninety feet(90') inclusive of
adjoining structures.
• Eagle City Code Section 8-2A-6(C)(3)(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.
b. Provide on street parking along State Street, 1st Street, 2nd Street, Idaho Street, Park
Road and Aikens Road.
c. On street parking along Eagle Road is prohibited.
d. Shared parking shall be encouraged.
• Eagle City Code Section 8-2A-6(G)(12)
Sidewalks within the DDA shall be a minimum of ten 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 permitted 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.
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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(5')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.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-2A-7(K)(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.
• Eagle City Code Section 8-4-3: DESIGN AND MAINTENANCE:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete,to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. Drainage plans shall
be reviewed and approved by the city engineer and, for any site abutting a public street, such
plans shall be reviewed and approved by the Ada County highway district, or highway district
having jurisdiction.
• Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
Restaurants, dining rooms,taverns, 1 per 150 square feet of gross floor area;
nightclubs, etc. plus 1 per 35 square feet dance floor
C. DISCUSSION:
• The applicant is requesting design review approval to add an outdoor cooking area to the south
building elevation of the Wile West Bakery. There is an existing nineteen foot(19')wide by nine
foot(9')deep canopy structure attached to the south building elevation of this building. The
structure is covered with an architectural asphalt shingle and is open on all sides. Recently, an
additional four feet(4')of roof, a wall on the south elevation, and a partial wall on the west
elevation was added to the original structure. This recent building addition is to be removed and
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replaced with a one hundred ten(110)square foot structure. The proposed structure is to be
constructed of heavy timbers, stucco texture"hardie"panel, wood trim, and asphalt shingles. The
heavy timbers and wood trim are to be stained to match the color of the timbers of the existing
canopy. The stucco hardie panels are to painted off-white to match the stucco color of the
building.
• Per Eagle City Code 8-2A-3, in order to foster rehabilitation of older districts and comply with
unforeseen needs of the overlay districts,the Design Review Board may, at their discretion,
suspend or relax some or all requirements found in this code, if they determine a particular site,
setting, 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 of the building, building materials, setbacks, lot coverage, store front windows,
landscaping, screening trash enclosures, streetscape, etc. Staff defers comment with regard to the
architectural style, building materials, setbacks, lot coverage, paved parking, parking, store front
windows, landscaping, and streetscape to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff defers recommendation of this
application to the Design Review Board. If the Design Review Board approves the application
then staff recommends 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 May 10, 2012, at
which time the Board made their decision.
13. 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 5 to 0 (Grubb and Pascua absent)to approve DR-21-12 for a design review
application to construct a building addition to the existing restaurant for an outdoor cooking area
for Wild West, 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. Submit a building permit application for any additions, remodels, or alterations that have been made to
the building. An occupancy permit is required prior to the utilization of the addition.
2. No ground mounted mechanical units are proposed with this application and none are approved.
3. No signs are proposed with this application and none are approved.
4. Provide a revised plan showing corrugated metal panels to be installed on the interior walls and the
underside of the roof deck of the building addition. The revised plan shall be reviewed and approved
by staff prior to the issuance of a zoning certificate.
5. The Board accepts the design of the building addition, date stamped by the City on April 20, 2012, and
supports the relaxation of Eagle City Code with regard to the required setbacks, lot coverage,
storefront windows, streetscape, and landscaping within the Downtown Development Area.
6. Provide detailed elevation plans showing a trash enclosure to screen both the recycling and refuge
receptacles. The elevations shall match the materials used in the construction of the building addition.
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No landscaping is required around the perimeter of the enclosure. The trash enclosure 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.
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
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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
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.
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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
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.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 20, 2012.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-21-12) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and has determined that the site plan does not comply in all respects with Eagle City
Code, however, based upon the allowances provided under ECC Section 8-2A-3, the building/use/site
will be permitted to continue and the addition will be permitted with the conditions required herein.
Specifically, the site does not comply with Eagle City Code regarding setbacks, lot coverage, store
front windows, building materials, streetscape, and landscaping. However, in accordance with and as
allowed for in Eagle City Code Title 8, Chapter 2, Article A, Section 3, "Effect of Other Provisions",
the Board has determined that the code sections regarding these items will be suspended (not waived)
to foster the rehabilitation of this building and site. The proposed building addition will not intensify
the existing use nor create additional on-site traffic generation. The use (restaurant) currently includes
an outdoor barbeque cooking facility—an additional facility is not proposed with this application.
The Board recommends that the parking requirements (13-paved parking spaces) for this site not be
required at this time since there is no intensification of the existing use. The Board has determined that
the applicant is required to construct a trash enclosure to screen the refuge and recycling receptacles.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD (Central Business District)zoning district.
DATED this 24th day of May 2012.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Co ii, o OF
Eric •. McCullough, Chairman .•`, OF Eq0, ,,
ATTEST: * S do,' _* _
s•
N •- SEAL •=o .�
4II1•O
4,0,i ir
/ 'IA , 0 i(-4Y) - /C, .,DID Sharon K. Bergmann, agle City Clerk ''48ti sses...
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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K:\Planning Dept\Eagle Applications\Dr\20I 2\DR-21-12 Wild West Bldg Add drf doc