Findings - DR - 2012 - DR-02-12 - Remodel Exterior Of Mcdonalds Restaurant W/Drive Thru BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW TO REMODEL THE EXTERIOR )
OF THE MCDONALDS RESTAURANT WITH )
DRIVE THRU FOR MCDONALDS USA, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-02-12
The above-entitled design review application came before the Eagle Design Review Board for their
consideration on February 9, 2012. The Board continued this item to February 23, 2012, March 8, 2012,
and 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:
McDonalds USA, LLC, represented by Randy Gayler with Baumgart Construction, Inc., is
requesting design review approval to remodel the exterior building elevations of the McDonalds
restaurant with drive thru. The 0.95-acre site is located on the northeast corner of South Eagle
Road and East Plaza Drive at 178 South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 5, 2012.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 24, 2012, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 8, 1997, the Eagle City Council approved two conditional use permits; one for a
commercial complex and one for a restaurant with a drive thru(CU-01-97 & CU-02-97).
On August 19, 1997, the Eagle City Council approved a preliminary plat application for
Gleneagles Subdivision(PP-01-97).
On July 28, 1998, the Eagle City Council approved a final plat application for Gleneagles
Subdivision(FP-08-97).
On July 28, 1997, the Eagle Planning and Zoning Commission approved a design review
application for a McDonald's restaurant with drive thru(DR-18-97).
On November 13, 1997, the Eagle Design Review Board approved a design review application
modifying the building to include a building addition for the play place(DR-18-97 MOD).
On September 9, 2004, Eagle City Staff approved a design review application modifying the
exterior building color and roof color(DR-18-97 MOD).
E. COMPANION APPLICATIONS: DR-03-12(design review sign application).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD(central business district) McDonald fast food
restaurant with drive thru
Proposed No change No change No change
North of site Central Business District CBD(central business district) Multi-tenant building
South of site Central Business District CBD(central business district) City Park/Plaza Drive
East of site Central Business District CBD(central business district) Wells Fargo bank facility
with drive up service
West of site Central Business District CBD-DA(central business Eagle Road/Retail
district with a development buildings
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the TDA (transitional
development area).
H. EXISTING SITE CHARACTERISTICS:
There is an existing 3,800-square foot fast food restaurant with drive thru, associated parking, and
landscaping located on this site.
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I. SITE DESIGN INFORMATION:
Site Data Existing Required
Total Acreage of Site 0.95-acres(42,780-square feet) 0.01-acres(500-square feet)
Percentage of Site Devoted to 9% (approximately) 20%(minimum)*
Building Coverage 85% (maximum)*
Percentage of Site Devoted to 46% (approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 35-parking spaces 26-parking spaces(minimum)
Front Setback 54-feet(west) 10-feet(minimum)*
25-feet(maximum)*
Rear Setback 87-feet(east) 0-feet
Side Setback 75-feet(north) 0-feet(minimum)*
10-feet(maximum)*
Side Setback 36-feet(south) 0-feet(minimum)*
10-feet(maximum)*
*Note:Building coverage and setbacks required when a site is located within the TDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings: One existing building used as a restaurant with drive thru.
Height and Number of Stories of Existing Building: 23-feet; one story.
Gross Floor Area of Existing Building: 3,800-square feet.
On and Off-Site Circulation:
An 18,960-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30-foot wide full access driveway is located near the southeast corner of this site
providing access to Plaza Drive and one 16-foot wide right-out only driveway is located at the
northwest corner of the site providing access to Eagle Road. This site is located within Gleneagles
Subdivision which has cross access and parking for the entire development.
K. BUILDING DESIGN FEATURES:
Roof: Single ply(grey)
Walls: Stucco(earthy russet and aztec brick), Stone(southwest pro fit ledgestone)
Windows/Doors: Existing doors and windows to be refinished to anodized aluminum)
Fascia/Trim: Aluminum sunscreen(grey), aluminum trellis(grey and yellow)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees on site that are to
be retained.
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Tree Replacement Calculations: The applicant is proposing to remove one tree located in the
landscape island near the southeast corner of the building. The applicant has not proposed to
replace the tree on site incompliance with Eagle City Code 8-2A-7(C)(1). Eagle City Code
requires the applicant to obtain approval from the city to remove trees from the site and to replace
any trees approved to be removed with an acceptable species per the table in Eagle City Code.
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: Installed when the building was originally constructed.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: Existing and to be retained.
M. TRASH ENCLOSURES:
One 340-square foot trash enclosure is located near the northeast corner of the site. The enclosure
is currently constructed of wood siding on three elevations with wood siding used for the gates.
The wood siding on the three elevations is to remain but be painted to match the colors proposed
on the building. The wood siding gates are proposed to be replaced with metal doors and
proposed to be painted to match the color of the building.
N. MECHANICAL UNITS:
The applicant is proposing to retain the existing roof top mechanical units and screen them from
view by the new parapet walls. No ground mounted mechanical units are proposed and none are
permitted.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
A design review sign application has been submitted(DR-03-12). A separate design review
application is required for the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Sewer District has 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
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Mature Trees—yes—trees are to be protected and retained during construction
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils -unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—No site specific conditions due to the fact there is no change in
use.
Central District Health Department—No objections to this proposal.
Chevron Pipe Line Company—No conflicts with the pipeline.
Drainage District No. 2—Concerned only if encroachments, discharges,piping, or relocation of
the ditch is proposed.
Eagle Fire District—No specific concerns regarding this application.
Eagle Sewer District—The District provides central sewer to this facility already. No additional
impact fees associated with this project.
Middleton Irrigation Association and Middleton Mill Ditch Co—Not in their service area.
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 Downtown.
Downtown
Suitable primarily for development that accommodates and encourages further expansion
and renewal in the downtown core business area of the community. A variety of business,
public, quasi-public, cultural,residential and other related uses are encouraged. The
greatest possible concentration of retail sales and business is to occur in this land use
designation. Pedestrian friendly uses and developments are encouraged. Land within this
district is the only place to utilize the CBD zoning designation. Other zones within
Downtown Eagle may include Mixed Use, Residential, Commercial and Professional
Office.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-3: EFFECT OF OTHER PROVISIONS:
If any provision of this article is found to be in conflict with any other provision of any zoning,
building, fire safety or health ordinance or other provision 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 city council may, at their discretion, suspend or relax some or all
requirements found in this code, if the city council determines a particular site, setting, or use
to be of historical significance.
• Eagle City Code Section 8-2A-5(E)
Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show,
through the use of pictures and text, specific period architectural styles,themes, and elements
envisioned through the requirements of this article. The EASD book, established through a
resolution of the city council and as may be amended through future resolution(s), contains all
exhibits referenced in this article and is incorporated herein by reference. However, exhibit A-
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
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)(1)(k)
Metal: metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance its
appearance. These treatments may include brick or masonry wainscot treatments along exterior
walls and accent colored metals.
Metal siding is prohibited on the portion of any building facing a road. This includes sections
within the front facade that may be perpendicular to the road but within the face of the
building oriented towards the road.
A waiver of this subsection B 1 k on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscaped, designed,
and situated,to eliminate the stark utilitarian look intended to be prevented by this subsection.
In addition to the metal siding prohibition listed in this subsection Blk, metal siding shall be
prohibited in the DDA, TDA, CEDA design review overlay district areas.
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• Eagle City Code Section 8-2A-6(B)(5)(a)
Earthen tones are encouraged.
• Eagle City Code Section 8-2A-6(D)(2)(d)
Orientation: Shall be designed so that at least seventy percent(70%)of the building's ground
level, street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
• Eagle City Code Section 8-2A-6(D)(3)(a&b)
a. Front building setbacks from the property line shall be a minimum of ten feet(10')to a
maximum of twenty five feet(25').
b. Side building setbacks may be zero feet(0')so as to tie into adjoining structures or ten feet
(10')maximum where ties to adjoining structures are not desirable.
• Eagle City Code Section 8-2A-6(D)(3)(f)
Lot coverage by the footprint of the structure shall be a minimum of twenty percent(20%)and
a maximum of eighty five percent(85%) in which case off site parking shall be provided for.
The minimum lot coverage requirement may be reduced by the council for the purpose of
providing adequate on site parking in accordance with provisions of this title for structures that
include residential uses on floors other than the ground floor.
• Eagle City Code Section 8-2A-6(G)(13)
Sidewalks within the TDA shall be a minimum of ten feet(10')wide and shall abut the curb or
shall be a minimum of eight feet(8')wide with a ten foot(10')wide landscape strip between
the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be
constructed to match the sidewalk exhibit within the EASD book,consisting of smooth 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(C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way)replacement with an acceptable species is required as follows:
Existing Tree Replacement
1 inch to 6 inches caliper 2x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
12 /4 inches or more lx caliper of tree removed .
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In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch(8")caliper tree is removed, an acceptable replacement would be three
(3)4-inch caliper trees or four(4) 3-inch caliper trees.
• 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.
C. DISCUSSION:
• On July 28, 1997,the Eagle Planning and Zoning Commission approved a design review
application for the McDonald's restaurant with drive thru within Gleneagles Subdivision. The
applicant complied with and constructed the building and site as it was approved by the City
within the conditional use permit and design review applications (CU-01-97, CU-02-97, and DR-
18-97).
The applicant has submitted a design review application requesting approval to modify the exterior
building elevations and to replace the landscaping around the base of the building. The layout of
the site and building footprint will remain as it is today. The structural walls of the facility will
remain unaltered but will have a new façade on it. According to the applicant's justification letter,
date stamped by the City on January 5, 2012,the proposed exterior modifications fit within the
Mediterranean style of architecture. It is the applicant's opinion that the addition of stucco and
masonry elements to the building façade helps to create an asymmetrical look to the building. The
new typical McDonald's building design includes three vertical feet of corrugated metal and
coping at the top of the parapet walls. The applicant has chosen to extend the stucco material to
form a stepped cornice profile in lieu of the standard corrugated metal. The applicant believes the
vertical masonry elements that are being added to the building give the appearance that the
building has chimneys or towers. The existing windows and doors are to be reused and will be
refinished or replaced with clear anodized finish consistent with other articulated elements on the
building. The existing roof top mechanical units will remain and are to be screened from view by
the parapet walls. The applicant states that the existing trash enclosure with wood siding is to
remain but the gates will be replaced with metal doors, all of which will be painted to match the
new colors used on the building.
Though the proposed design does not strictly conform to the vision of the"Mediterranean"model
as established in the EASD book,the applicant contends that it does falls well within the spirit of
the "Mediterranean"design. The applicant requests that consideration be given to the buildings
proposed architectural style created by the existing site restrictions and building structure.
Staff met with the applicant and provided feed back with regard to how the building would be
perceived as modern as it went through the review process. In response to that meeting the
applicant made some modifications to the building design but the overall design of the building
remains elusive. This being the case, staff will defer further comment and recommendation to the
Design Review Board regarding the design of the building.
• The applicant is proposing an aluminum louver sunscreen to be located on the south building
elevation and partially on the east and west building elevations. Eagle City Code prohibits metal
siding on any building located within the TDA design review overlay district. While this material
is not metal siding, it has the appearance of metal, provides a modern look to this building, and
seems out of character with the Mediterranean style. Staff defers comment regarding the
aluminum louver sunscreen to the Design Review Board.
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• There are several locations on the building where yellow aluminum canopies are to be used on the
exterior of the building. Per Eagle City Code earthen tones are encouraged to be used. The
applicant should be required to provide revised building elevations showing the yellow aluminum
canopies to be a color that complements the colors used on the building. The revised building
elevations should be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
• The front setback(west), side setbacks(north and south), lot coverage, and sidewalk
configurations do not meet that which is required within Eagle City Code when a site is located
within the TDA design review overlay district. Pursuant to past action by the Design Review
Board and City Council, buildings have not been required to rebuild a building so as to be
incompliance with these codes. Only if building additions were proposed did the setback, lot
coverage, and sidewalk requirements apply. Since there are no building additions, structural
alterations, or other site changes proposed with this application, staff recommends that the
setbacks, lot coverage, and sidewalk configuration not be required of this application as required
within Eagle City Code.
• The landscape plan date stamped by the City on January 5, 2012, shows the landscaping around
the base of the building to be replaced with new plant material. The landscaping around the trash
enclosure, along the pathway adjacent to the Eagle Drain, and within the parking lot landscape
islands are to remain as they are planted today. Although the plan does not indicate the removal of
any trees from this site,the applicant is proposing to have one tree removed from the parking lot
landscape island located near the southeast corner of the building. Per Eagle City Code,trees
removed from the site are required to be replaced on site with an acceptable species of tree per the
table located within Eagle City Code. Eagle City Code also requires that a terminal island for a
single row of parking be planted with one tree. It is staffs opinion that the tree that is to be
removed is a minimum of ten to twelve inches(10"to 12") in caliper. If the tree is ten inches
(10") in caliper,the applicant is required to replace a minimum of fifteen inches (15")of tree
caliper on site. The applicant should be required to provide a revised landscape plan showing the
tree located in the parking lot landscape island located near the southeast corner of the building to
remain or provide a revised landscape plan showing a minimum of fifteen inches(15")of tree
caliper replaced on site, including one three inch(3")caliper tree to be planted in the parking lot
landscape island where the tree is being removed. The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the issuance of a
zoning certificate.
• As mentioned in the discussion bullet above,the landscaping within the parking lot landscape
island is to remain unchanged. The southernmost parking lot landscape island for the double row
of parking spaces currently shows only one tree planted within it. Per Eagle City Code, a terminal
island for a double row of parking spaces is required to contain not less than two(2)trees. The
applicant should be required to provide a revised landscape plan showing the addition of one three
inch(3")caliper tree to be planted in the southernmost parking lot landscape island for the double
row of parking spaces. The revised landscape plan should be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate.
Note: Staff recognizes that the double parking lot landscape island located between the two
terminal islands does not have a tree in the western portion of the landscape island. Staff verified
that there are two manholes located within the landscape island where a tree would normally be
planted,thus making it impossible to plant a second tree in this parking lot landscape island.
• Staff defers comment regarding building design and colors to the Design Review Board.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff 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 February 9, 2012.
The Board continued the item to February 23, 2012, March 8, 2012, and 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.
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-02-12 for a design
review application to remodel the exterior of McDonalds Restaurant with drive thru for
McDonalds 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 the conditional use permit or the design review applications
(CU-01-97, CU-02-97, and DR-18-97).
3. The setbacks, lot coverage, and sidewalk configuration as shown on the site and landscape plan date
stamped by the City on January 5, 2012, are approved.
4. Provide a revised landscape plan showing the tree located in the parking lot landscape island located
near the southeast corner of the building to remain or provide a revised landscape plan showing a
minimum of fifteen inches(15")of tree caliper replaced on site, including one three inch(3")caliper
tree to be planted where the tree is being removed. 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.
5. Provide a revised landscape plan showing the addition of one three inch(3")caliper tree to be planted
in the southernmost parking lot landscape island for the double row of parking spaces. 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.
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 the Planning and Zoning plan
review.
8. No ground mounted mechanical units are proposed with this application and none are approved.
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9. Roof top mechanical units,hoods, and vents, shall not be permitted to extend above the parapet walls.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building
or surface they are attached to.
11. No signs are proposed with this application. A separate design review application(DR-03-12)has been
submitted for the approval of a signage on this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
12. The elevation plan,date stamped by the City on March 16,2012, is approved.
13. Provide a sample of the darker cultured stone to be used for the wainscot on the building. The sample
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 January 5, 2012.
2. Requests for agencies' reviews were transmitted on January 24, 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-02-12) 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.
4. 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 12th day of April 2012.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Coun ho
/t ,,,,,,,,,,,,,,,,
Eric R. Mc ullough, Chairman •.
• G c,•
ATTEST: • +.• • * :
SE
aron K. Bergmann,Eagle City Clerk I**'•.8 OF 1O ,,,,,•
L.6 Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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