Findings - DR - 2012 - DR-08-12 - Construct A Restaurant W/Drive Thru For Mcdonalds In Eagle Island Marketplace BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO CONSTRUCT A )
RESTAURANT WITH DRIVE THRU FOR )
MCDONALDS WITHIN EAGLE ISLAND )
MARKETPLACE FOR MCDONALDS USA,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-08-12
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on March 8, 2012. The Board continued this item to March 22, 2012, and made their
recommendation at that time. 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:
McDonald's USA, LLC, represented by Stillman Norton with Keller Associates, Inc., is requesting
design review approval to construct a 3,590-square foot restaurant with drive thru. The 1.02-acer
site is located within the Eagle Island Marketplace at the northeast corner of Chinden Boulevard
and Linder Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 2, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 9, 2012, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text
amendment and annexation (once contiguous) and a rezone with development agreement for this
site(CPA-5-08 &A-03-08 &RZ-08-08).
On July 14, 2009,the Eagle City Council approved a design review application for the common
area landscaping for Eagle Island Marketplace, including Fred Meyer and eight(8)multi-tenant
retail/restaurant buildings within Lazy P Subdivision(aka Eagle Island Marketplace) (DR-13-09).
On July 14, 2009, the Eagle City Council approved a design review application for the master sign
plan for Eagle Island Marketplace(DR-14-09).
On November 10, 2010, the Ada County Board of County Commissioners approved a
comprehensive plan amendment, rezone with development agreement, master site plan and
preliminary plat for Eagle Island Marketplace(CPA-05-08,A-03-08, and RZ-08-08).
On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation
and rezone with development agreement of the property associated with Eagle Island Marketplace.
Ordinance No. 652 also recognized the vested development rights associated with the approved
Ada County preliminary plat application number 201000571-S.
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On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P
Subdivision(FP-01-1 1).
E. COMPANION APPLICATIONS: DR-09-12 (design review sign application)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use C-3-DA(Highway Business Vacant Lot within Eagle
Professional Office District with development Island Marketplace
Commercial agreement)
Proposed No Change No Change Restaurant with drive thru
North of site Mixed Use C-3-DA(Highway Business Vacant Lot within Eagle
Professional Office District with development Island Marketplace
Commercial agreement)
South of site Meridian AOI RUT(Rural-Urban Residential/Pasture
Transition—Ada County
designation)
Mixed Use C-3-DA(Highway B Proposed y
East of site ( g y Business Pro osed Fred Me er Fuel
Professional Office District with development Island within Eagle Island
Commercial agreement) Marketplace
Mixed Use C-3-DA(Highway B g
West of site ( g y Business Vacant Lot within Ea le
Professional Office District with development Island Marketplace
Commercial agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: This is a vacant lot within the Lazy P Subdivision.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.02-acres(44,498-square feet) 0.03-acres(1,300-square feet)
(minimum)
Percentage of Site Devoted to 9% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 50%(approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 40-parking spaces 18-parking spaces(minimum)
Front Setback 115-feet(east) 0-feet
Rear Setback 18-feet(west) 0-feet
Side Setback 66-feet(south) 0-feet
Side Setback 95-feet(north) 0-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a restaurant with drive thru.
Height and Number of Stories of Proposed Buildings: Twenty feet in height; one story.
Gross Floor Area of Proposed Buildings: 3,590-square feet.
On and Off-Site Circulation:
A 14,000-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 67-foot wide driveway is proposed to be located on the north side of this site providing
access to the main internal loop road within Eagle Island Marketplace.
K. BUILDING DESIGN FEATURES:
Roof: Single Ply TPO Membrane(white)
Walls: Stucco(Beige and bisque), stone(southwest pro bit ledgestone)
Windows/Doors: Windows(clear anodized aluminum), doors(hollow metal monrow bisque)
Fascia/Trim: Aluminum canopy(yellow)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees:N/A
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Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping: Perimeter landscaping is proposed around the entire parking
lot area.
b. Interior Landscaping: 8% interior landscaping is required, 10% is proposed.
M. TRASH ENCLOSURES:
One 400-square foot trash enclosure is proposed to be located near the northeast corner of the
building site approximately 45-feet south of the driveway to the internal loop road within Eagle
Island Marketplace. The enclosure is proposed to be constructed of CMU block with stucco finish
and metal gates; all of which will match the colors used on the exterior 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. No ground mounted mechanical units are proposed
with this application and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of a zoning certificate.
P. SIGNAGE:
A design review sign application has been submitted(DR-09-12). A separate design review
application is required for the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Meridian Fire Department and Eagle Sewer District have been
received by the City. A water service approval has not been received to date. Approval of the
water company having jurisdiction will be required prior to issuance of a building permit.
R. PUBLIC USES PROPOSED:None
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
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Unstable Soils-unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—No site specific conditions of approval at this time. The applicant
is required to meet all of the ACHD Standard Conditions of Approval as well as all ACHD
Policies and requirements that may apply.
Eagle Sewer District—This property has been annexed to the District and central sewer has been
constructed to the building pad. However, a grease interceptor will need to be installed.
Construction plans are required to be submitted to the District for assessment of sewer capacity
fees and monthly user charges.
Idaho Transportation Department—No additional access to US 20/26 have been requested and
none are approved. No objections to this application and no mitigation is required.
Meridian Fire Department—Due to the occupant load, the building is required to have fire
sprinklers. Fire sprinkler riser and controls are to be enclosed in a one-hour rated room. A fire
hydrant within 100 feet of the FDC is required.
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: (None)
B. PRE ANNEXATION AND DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.9 All development of the Property shall be consistent with Landscape Guidelines, site Design
Guidelines, and Architectural Guidelines compiled in connection with the Eagle Design Review
Process, and shall be generally consistent with the Concept Plan,provided that the development
guidelines do not conflict with Section 3.2 of this Agreement. The Applicant shall submit a
Design Review site layout and landscape application for the site, and shall comply with all
conditions required by Eagle as part of Design Review prior to submittal of final plat.
3.13 Applicant will construct improvements and satisfy all conditions required by the Ada County
Highway District and the Idaho Transportation Department prior to the issuance of any Certificate
of Occupancy for any building within the development. If Applicant submits for a Design
Review application prior to ITD/ACRD access being granted all access points and associated site
design features including but not limited to landscaping, circulation, drive aisles,pedestrian
connectivity,turning movements, site signage and parking configuration for the southeastern
portion of the site must be reviewed by the Design Review Board and approved by the Eagle City
Council prior to issuance of a zoning certificate for the site.
3.14 In addition to the sidewalks proposed around the perimeter of the development(see Concept
Plan),the applicant will design the proposed interior parking lot pathways(sidewalks)to provide
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optimum pedestrian interconnectivity to all portions of the site which should reduce the need to
drive from store to store and should promote enhanced pedestrian movement within the site. The
site is to be designed with shelters, "kiosks"pergolas, etc, in strategic locations to provide refuge
and visual relief to pedestrians traversing the parking lot. The concrete sidewalks along Linder
Road and Chinden Boulevard shall be a minimum of 6-foot wide and configured in a meandering
pattern compliant with all ADA requirements.
3.16 Due to the high visibility of the Chinden Boulevard and Linder Road intersection, special
attention shall be given to the configuration and position of the buildings abutting the roadways.
Buildings should be designed to be positioned at varied distances from the abutting roadways to
provide modulation, and building footprints and fenestrations are encouraged to be irregular to
inspire greater creative designs. All lots and buildings shall be configured to screen any and all
loading areas and trash enclosures from view as seen from residential uses or public roadways.
Building placement shall be designed such that parking areas are not concentrated between the
buildings and the abutting roadways. The parking areas depicted on the Concept Plan are not
considered to be concentrated between the buildings and the abutting roadways. The side of any
buildings facing the roadways shall be provided with architectural design elements and
architectural relief, as may be approved by the Eagle Design Review Board.
3.17 All buildings shall be set back a minimum of 105-feet from the centerline of Chinden Boulevard
to accommodate future corridor widening. Buildings shall be setback a minimum of 25-feet
from the new right-of-way line on Linder Road to provide for landscaping and potential roadway
widening.
3.18 The development shall include buffers pursuant to Eagle City Code 8-3-3 D. All service areas
(loading bays,trash compactors, etc)shall be designed to lessen impacts(noise, glare, odors, etc)
upon adjacent residential uses. The storage of materials, packing supplies, and merchandise is
prohibited within the service-drive aisle and service areas. Tasteful displays of merchandise may
be permitted outdoors if approved through a development application.
3.26 Individual buildings located in the south portion of the development along Chinden Boulevard
shall not exceed 9,600 square feet(as proposed on the site plan). Additional uses and expansion
of individual buildings may be permitted if a modification to this application is applied for and
approved by Eagle.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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)(6)(d)
Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
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building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered.
• Eagle City Code Section 8-2A-6(A)(6)(e)
Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
• Eagle City Code Section 8-2A-6(B)(5)(a)
Earthen tones are encouraged.
• Eagle City Code Section 8-2A-7(E)(4)
The minimum acceptable size for deciduous trees shall be three inch(3")caliper, balled and
burlapped.
• Eagle City Code Section 8-2A-7(K)(4)(b)(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.
D. DISCUSSION:
• The applicant has submitted a design review application requesting approval to construct a new
restaurant with drive thru within the Eagle Island Marketplace for McDonald's. Per the
applicant's justification letter, date stamped by the City on February 2,2012,they are proposing to
construct the building in accordance with the Mediterranean style architecture as depicted in the
EASD book. According to an e-mail from the applicant's representative, dated February 17, 2012,
the applicant is requesting the elevations of the building be classified as Prairie School instead of
the Mediterranean style as originally submitted. On February 28, 2012, revised building
elevations were submitted to the city via e-mail. Per the e-mail associated with the revised
building elevations, a brick wainscot has been added to the base of the building, cornice and
pilasters have been added to the building façade to complement the design of the Fred Meyers
building,the stripes between the two drive thru windows have been removed, and a few other
minor changes have been made to the building to reflect the Prairie School style and to
complement the architecture of the buildings approved within Eagle Island Marketplace.
In July 2009,the developer of the Eagle Island Marketplace and Fred Meyers received approval of
eight(8)buildings and the Fred Meyer building. The developer provided building elevations with
a variety of materials and colors to be used in the construction of them. The colors were warm
with deep rich earth tone colors. Although a variety of colors, materials, and textures were
proposed on the buildings,the use of similar materials or colors throughout the development
provided continuity between all the buildings. A sample of each of the building elevations has
been provided in the packet for the Board's reference.
Based on the Board's discussion at the February 9, and 23, 2012,Design Review Board meetings
regarding the exterior remodel of the McDonald's located in downtown Eagle on Eagle Road and
Plaza Drive(DR-02-12), staff will defer further comment and recommendation to the Design
Review Board regarding the design of the building.
• The landscape plan, date stamped by the City on February 2, 2012, shows two and one-half inch(2
'/2")caliper trees to be planted on this site. Per Eagle City Code,the minimum acceptable size
deciduous tree is three inch(3")caliper. The applicant should be required to provide a revised
landscape plans showing all deciduous trees to be a minimum of three inches(3") in caliper. The
revised landscape plan should be reviewed and approved by staff prior to the City issuing a zoning
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certificate for this site.
• Sheet C-001, date stamped by the City on February 2, 2012, shows that a retaining wall is to be
constructed south of the proposed drive thru lane and parking associated with this site. It is staff's
understanding the retaining wall is to be constructed by the developer of the Eagle Island
Marketplace. The applicant is proposing to remove a small section of the retaining wall to provide
a pedestrian access from this site to the sidewalk adjacent to Chinden Boulevard. They are also
proposing to extend the wall to the west property line of this site in order to provide additional
screening of the drive thru lane located on the west side of the building. There is a dashed line
shown on sheet C-001 indicating the limits of the landscaping proposed on this site. The dashed
line is approximately two and one-half feet(2 '/2')north of the proposed retaining wall. The
applicant should be required to provide a revised landscape plan showing plant material within the
two and one-half foot(2 %2')area located north of the retaining wall. The revised landscape plan
should be reviewed and approved by staff and two members of the Design Review Board prior to
the City issuing a zoning certificate.
• Pursuant to past action by the City Council with regard to the screening of drive thru lanes a 48-
inch high(minimum)berm, decorative wall, landscaping, or combination thereof is required
adjacent to drive-thru lanes to reduce the impact of the vehicles utilizing the drive thru lane(i.e.:
vehicle headlights and vehicle cueing). The applicant should be required to provide two(2)cross
section of the drive thru lane. One on the west side of the building and one on the south side of
the building. The cross sections should show that the proposed plant material on the west side of
the drive thru lane and the proposed retaining wall are a minimum of 48-inches above the adjacent
drive thru lane. The cross sections should be reviewed and approved by staff and two members of
the Design Review Board prior to the City issuing a zoning certificate.
• The landscape plan, date stamped by the City on February 2, 2012, does not show trees to be
planted in the landscape island at the southern end of the row of parking adjacent to the east side
of the building or in the landscape island on the west side of the four(4)parking spaces adjacent
to the southern portion of the property. Per Eagle City Code, a terminal island for a single row of
parking spaces is required to be landscaped with at least one tree and shrubs, ground cover, or
grass. The applicant should be required to provide a revised landscape plan showing a tree to be
located in the terminal island located at the south end of the parking located adjacent to the east
side of the building and a tree to be located in the terminal island located on the west side of the
four(4)parking spaces located adjacent to the southern portion of the property. The revised
landscape plan should be reviewed and approved by staff and two members of the Design Review
Board prior to the City issuing a zoning certificate for this site.
• 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 defers recommendation of this
application to the Design Review Board. If the Design Review Board recommends approval then
staff recommends that 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 March 8, 2012.
The Board continued the item to March 22, 2012, 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.
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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 4 to 0(Comstock, Pascua,and Hull absent)to approve DR-08-12 for a design
review application to construct a restaurant with drive thru for McDonald's USA, LLC, with the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike thru to be deleted by the Board and text shown with underline
to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of DR-13-09.•• - -- - • - - - . • - • . ., -.
.. .. - -- ..• . - Y.- -_ - . ... _. . .,
6. All ground mounted transformers, cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
7. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
8. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
9. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
review.
10. No ground mounted mechanical units are proposed with this application and none are approved.
11. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls.
12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application. A separate design review application(DR-08-12)has been
submitted for the approval of signage on the building and this site. The signage shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
14. Provide a revised landscape plan and plant schedule indicating the Emerald Green Arborvita proposed
to be located between the drive thru lane and the west property line to be a minimum of four feet(4')
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at the time of planting. The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
15. Provide revised building elevations showing the following:
a. A darker color or different building material to be on the pilasters on all four building
elevations,
b. Grids within the windows,
c. The large"French Fry"on the south building elevation to be removed.
The revised building elevations shall be reviewed and approved by staff and two members of the
Design Review Board 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
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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
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,
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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
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).
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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 February 2, 2012.
2. Requests for agencies' reviews were transmitted on February 9, 2012, 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-08-12) 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.
The Board recognizes that the building architecture does not fully comply with one of the architectural
styles indicate within the EASD book. However, based on this building being located within the Eagle
Island Marketplace, which was approved with a combination of Italianate, Romanesque, and
Mediterranean architectural styles, the Board unanimously approves the building elevations as
conditioned herein.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C-3-DA (highway business district with development agreement)zoning district.
DATED this 12th day of April 2012.
DESIGN REVIEW BOARD
OF THE CI OF EAGLE
Ada C daho
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Eric McCullough, Chairman ,,,,,,is. OF Eq ,,,•
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+/ S aron K. Bergmann, Eagle City Clerk •'qr�' V°'
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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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