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Findings - CC - 2020 - DR-17-20 - Restaurant W-Drive Through Bldg And Landscape Modification BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW FOR A MODIFICATION TO ) THE EXTERIOR BUIDLIGN ELEVATIONS AND ) SITE LANDSCAPING FOR A RESTAURANT ) WITH DRIVE THROUGH FOR DAN TODD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-17-20 The above-entitled design review application came before the Eagle City Council for their action on June 23, 2020. The Eagle City Council 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: Dan Todd,represented by Amanda Ryan with BRS Architects, is requesting design review approval to modify the exterior building elevations and site landscaping for a restaurant with drive through. The 0.32-acre site is located on the southeast corner of East State Street and South 2ttd Street at 231 East State Street(Lots 1 &2,Block 6,Aikens Add to Eagle Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on March 5, 2020. Revised information (building elevations and landscape plan)was received by the City of Eagle on March 25,2020. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies'reviews were transmitted on March 9,2020,in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On May 12, 1992, the City Council approved a design review application to demolish/remove two existing buildings on the site and build a restaurant with drive through(DR-04-92). E. COMPANION APPLICATIONS:None. F. LAND USE DESIGNATION: Restaurant(with drive through),permitted pursuant to Eagle City Code Section 8-2-3. Page 1 of 20 K:\Planning Dept\Eagle Applications\Dr120201DR-17-20 Restaurant w•Drive Through Bldg and LS mod ccf.docx G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD(Central Business Restaurant(with drive District) through) Proposed No Change No Change No Change North of site Downtown CBD(Central Business Retail(Second Avenue District) Consignment Furniture, Reed's Cycle) South of site Downtown R-12(Residential) Apartments East of site Downtown CBD(Central Business Restaurant/Retail(One District) Haute Cookie) West of site Downtown CBD(Central Business Park and Recreation District) Facilities(Heritage Park) H. DESIGN REVIEW OVERLAY DISTRICT: This site is located in the DDA(Downtown Development Area). I. URBAN RENEWAL DISTRICT: Yes. J. EXISTING SITE CHARACTERISTICS: There is an existing 1,670-square foot restaurant building, parking lot, mature landscaping, sidewalk, curb, and gutter which were approved with the previous design review application(DR-04-92). K. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.32-acres(13,939-square feet) 500-square feet(minimum) Percentage of Site Devoted 12%(approximately) 40%(minimum)to 95% to Building Coverage (maximum)* Percentage of Site Devoted 14%(approximately) 10%(minimum) to Landscaping Number of Parking Spaces 11-parking spaces+queue for 5 9-parking spaces+queue for 5 cars cars for drive up service for drive up service(minimum)** Front Setback(North) 28-feet 0-feet(minimum)to 10-feet (maximum)* Rear Setback(South) 40-feet 0-feet(minimum) Side Setback(East) 21-feet 0-feet* Side Setback(West) 45-feet 0-feet* *Setbacks and lot coverage required in the Downtown Development Area(DDA). **Parking requirement reflects the 50%reduction in required parking spaces for non-residential uses in the DDA. Page 2 of 20 K:\Planning Dept'Eagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf.docx L. PARKING ANALYSIS: Gross Floor Area of Proposed Restaurant(with drive-through): 1,670-square feet Restaurant(with drive-through)— 1 per 200 square feet of gross floor area,plus queue space for 5 cars for drive up service. 1,670/200=8.35-parking spaces plus queue for 5 cars • Eagle City Code Section 8-4-5 requires 1 parking spaces per 200 square feet of gross floor area,plus queue space for 5 cars for drive up service for a restaurant(with drive-through): Proposed Parking Spaces: 11-parking spaces plus queue for 5 cars for drive up service Required Parking Spaces:9-parking spaces plus queue for 5 cars for drive up service(calculated based upon the above use identified in Eagle City Code Section 8-4-5:"Restaurant(with drive-through)"and 50%parking space reduction for all non-residential uses located within the DDA) M. GENERAL SITE DESIGN FEATURES: Number and Uses of Existing Buildings: There is one existing building to be utilized as a restaurant with drive through. Height and Number of Stories of Existing Buildings: The existing building (with exterior modifications) is approximately an 18-foot high single-story structure. Gross Floor Area of Existing Buildings: 1,670-square feet. On and Off-Site Circulation: A 5,456-square foot(approximately)paved parking lot on the side of the building provides parking for vehicles using this site. A 4,563-square foot(approximately) paved area provides access to the drive through area. One 23-foot wide driveway is located on the west property line and provides access to South 2nd Street.One 53-foot wide driveway is located on the north property line and provides access to East State Street. N. BUILDING DESIGN FEATURES: Roof: TPO(White) Walls: Stucco (BM OC-40 Albescent), brick (BM OC-40 Albescent), wood frame (Cedar), I-beam (Black),fabric awning(Black) Windows/Doors: Aluminum(Black) Fascia/Trim: Coping cap(Black) O. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees on the site that will be protected and retained. Tree Replacement Calculations:N/A Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board. Street Trees: There are four existing street trees(Crab Apple)along South 2nd Street and one street tree (Chanticleer Pear)along East State Street. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones:N/A Page 3 of 20 K:Wlanning DcpttEagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocn Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 5%interior landscaping is required, 8% is proposed. P. TRASH ENCLOSURES: One(1)216-square foot trash enclosure is proposed to be located south of the building. The enclosure is proposed to be constructed of CMU walls and metal gates;all of which will match the materials and colors used in the construction of the building. Q. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed, and none are approved. R. OUTDOOR LIGHTING: The building elevations identify the location of the proposed building wall light fixtures. Lighting cutsheets showing the style,color, illumination type,wattage,etc. have been received and comply with Eagle City Code Section 8-4-4-2. S. SIGNAGE: No signs are proposed with this application. A separate design review application is required prior to construction of any signs on this site. T. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department 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. U. PUBLIC USES PROPOSED:None. V. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. W. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern-none Evidence of Erosion-no Fish Habitat-no Floodplain—no Mature Trees—yes—along South 2ttd Street and East State Street. Riparian Vegetation-no Steep Slopes-no Stream/Creek-no Unique Animal Life-no Unique Plant Life-no Unstable Soils-unknown Wildlife Habitat-no X. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not required. Page 4 of 20 K:\Planning Dept\Eagle Applications\Dr12020\DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf docx Y. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Ada County Highway District Eagle Fire Department Eagle Historic Preservation Commission Idaho Transportation Department Z. LETTERS FROM THE PUBLIC:None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 (adopted November 14, 2017), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core.A variety of business,public,quasi-public,cultural,ancillary 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 development are encouraged. Residential only development should be discouraged.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. • 6.17 Downtown Eagle Planning Area The Downtown Eagle Plan is intended to focus and solidify the City's planning vision,goals, actions and investments in support of the growth and continued revitalization of Downtown Eagle;to help coordinate private and public investment in the heart of the City of Eagle. It is the City's primary means of guiding land uses and development for properties located within the Downtown Eagle Planning Area.(Comp plan page 119) Development in the Downtown Eagle Area should be designed to: o Establish a distinctive,well maintained and well-branded downtown; o Create a well-organized multi-use community that promotes the live,work,play,and recreate lifestyle; o Promote and support a strong and vibrant business community; o Create an interconnected community that allows access to and across the regional highway system;and o Promote and develop a unique downtown that supports pedestrian,bicycle,and transit connectivity.(page 120) • 6.17.2 Downtown Eagle Planning Area L. Promote the City's vision to potential employers,developers,and businesses.Work with landowners,residents and the Chamber to promote Eagle as being Open for Business.(Comp plan page 126) M. Expedite the development approval process creating a competitive development environment when compared to neighboring jurisdictions. Look at zoning and design review process to ensure that development that fits the City's vision for the downtown is easily approved. (Comp plan page 126) Page 5 of 20 K:1Planning Dept\Eagle Applications1Dr120201DR47-20 Restaurant w-Drive Through Bldg and LS mod ccf.docx Q. Allow for the intermingling of daily convenience uses(grocery, cleaners)with destination uses(restaurants,pubs, and art galleries). (Comp plan page 126) GG. Establish design criteria that promotes the incorporation of historical architectural elements into new buildings to complement and provide support to the historic charter of the area. (Comp plan page 128) HH. Encourage innovative designs that complement the setting in which a building is being placed as opposed to strict adherence to a specific architectural style. (Comp plan page 128) • 6.17.3 Olde Towne Planning Area Olde Towne Eagle should maintain the quaint feel of a traditional town center; as the active community center and community gathering place for the City. The character of Olde Towne is generally defined by its pedestrian-scale(attached sidewalks,store fronts with large windows at the sidewalk,and open space amenities), ensuring context sensitive design complementing the most significant historic structures. A traditional mix of retail, residential,office, and public uses is to be maintained. State Street should be the focus for the highest intensity of uses in the area (See Figure 6.21). Map 6.23:Olde Towne Planning Area `l I j •:•- i.. wi City of Eagle_ 1' - - -'l r 1 1 i � � � til ,,,,„ ,,„„_ --,_ `� ` �� Old Tonne PW.nlnpAre. J� ., H:-.7- --,---- ri lL , g i ,, ,�s./,' 414iA1� s �'' T aril `- I r:15 '•- j ilk±+_ 1 :....-_- i --- . -. 4,.;:-Mill'--.' .`-7- : 1°4--- w 1 _ ' : 1 _�.1 leiliu L �aa� n�. s : r- i�:. _ a re. �� , _ 'a Li W l_�_ pIZ.Z. ig ,/ J. li goad -II N. Whenever reasonable,the use of alleys, cross access easements, and rear service drives should be incorporated to separate pedestrians from vehicles as well as to allow services,such as garbage and deliveries,to occur where they will not cause additional congestion,conflicts, or interfere with the livability of the area. O. In the Olde Towne area,all buildings should be designed to have a presence on the street level including amenities that invites patrons and residents into the building(See Figure 6.23). t t _ ; 1, •- :: 4.. �-- i , _• i F ' t Page 6 of 20 K:\Planning Dept\Eagle Applications\Dr12020\DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocx P. Retail,commercial, and restaurant uses should be designed to include large store front windows,patio dining,and/or tenant displays X. Establish unique design criteria for the Olde Towne Area that complements the historic character of the area. Y. Incorporate design elements from landmark buildings such as the Eagle Bank and the Eagle Hotel, into the design and redevelopment of the Olde Towne Area including: Separated horizontal articulation and element changes, system of proportions opens up possibilities to new designs while maintaining cohesiveness,separated horizontal articulation and material changes,tripartite façade(See figure 6.25),and 20-foot high commercial lower band. Figure 6.25: Architectural Styles Complementary to Olde Towne • , - _. —'- -_-- '�,.: 111y. ,`,� nmummnn,n mat • • I _1 + , 5 . 1 �l+nl n lit t"�'. .awv.+v,ir ,, ,m La I n q •.7 I _ ': 114 1I l It I� 1J 1S V� hay A ` . , .a lii -N , t.,_ . I ,I�f)•up� Y!!il i7�` _off�ir l war., y�• r — -- - A • • B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits,and any land annexed into the city after the date of adoption hereof. Such development includes,but is not limited to, new commercial, industrial, institutional, office, multi-family residential projects,signs,common areas,subdivision signage, proposed conversions, proposed changes in land use and/or building use,exterior remodeling or repainting with a color different than what is existing,exterior restoration, and enlargement or expansion of existing buildings, signs or sites,and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • 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 article, if the City Council determines a particular site, setting,or use to have special and/or unique circumstances to warrant an exception to the requirements. • Eagle City Code Section 8-2A-5(E): 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. Page 7 of 20 K:\Planning Dept\Eagle Applications 1Dr120201DR-1"7-20 Restaurant w-Drive Through Bldg and LS mod ccfdocx • Eagle City Code Section 8-2A-6(A)(5)(a-d): 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: a. Size and location of all service systems for appropriate appearance and maintenance accessibility; 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); c. The location and sizes of all utility lines,manholes,poles, underground cables, gas lines. wells,and similar installations;and d. The continued maintenance of these service systems. • Eagle City Code Section 8-2A-6(C)(2)(d): 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(C)(2)(f): 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. • Eagle City Code Section 8-2A-6(C)(2)(h): h. Building Entries: Building entries facing a street shall be recessed a minimum of four feet (4'). Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the design review board and city council. • Eagle City Code Section 8-2A-6(C)(3)(a-b): 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. • Eagle City Code Section 8-2A-6(C)(3)(f): 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 Page 8 of 20 K:\Planning Dept\Eagle ApplicationssDr\2020\DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf.docs 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(G)(1 and 12): G. Streetscape: Streetscape improvements are to include street trees,streetlights,pedestrian lighting,bollards,public art, kiosks and furnishings.The scope of streetscape design and number of amenities vary within the different overlay districts of the city. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community.Examples of streetscape design and amenities are shown within the EASD book. At a minimum,the following specific streetscape criteria shall apply: 1. Street trees shall comply with the requirements contained in section 8-2A-7 of this article.Any tree located within a concrete area shall include tree grates and tree wells as depicted on the tree well and tree grate exhibit within the EASD book.Root barriers shall be required to limit future sidewalk damage from tree roots. 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(K)(2): K. Parking Lot Landscaping: 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way.The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians,and to establish coordination among architecturally diverse buildings,which creates a pleasing, harmonious appearance along the roadway. Four(4)options are provided for fulfilling this requirement: a. Provide a ten foot(10')wide landscaped strip between the right of way and the parking lot,and plant with a minimum of one shade tree and ten(10)shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. b. Provide an earth berm of thirty inches(30")minimum height(do not exceed 3:1 slope)within a ten foot(10')wide landscaped strip between the right of way and the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. c. Provide a six foot(6')landscaped strip with a minimum thirty inch(30")grade drop from the right of way to the parking lot,and plant with a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. Page 9 of 20 K:\Planning Dept\Eagle Applications\Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf.docx d. Provide a three foot(3')high fence of wood,brick,stone,or decorative block or concrete along with a four foot(4')wide landscaped strip between the right of way and the parking lot,and plant a minimum of one shade tree and five(5)shrubs per thirty five(35)linear feet of frontage,excluding driveway openings. (1) The board may waive the requirement for a wood,brick,stone,decorative block or concrete fence if the board finds the following: (A) The applicant must design,document,and obtain city approval representing that the overall planting design,at the time of planting,results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists;and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code Section 8-2A-7(K)(4): K. Parking Lot Landscaping 4. Parking Lot Interior Landscaping: b. Additional Requirements: (1) No interior planter shall be less than five feet(5') in any dimension. (2) No parking space shall be more than sixty feet(60')from an interior landscaped area. (3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4) Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas.Deciduous shade trees are to be clear branched to a height of six feet(6'). (5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs,ground cover,or grass.A terminal island for a double row of parking spaces shall contain not less than two(2)trees and shrubs, ground cover,or grass. C. DISCUSSION: • The applicant is requesting design review approval to modify the existing building,site,and landscaping.The applicant's justification letter states that the building improvements include removal of the existing mansard roof and building a parapet wall to screen the rooftop mechanical units,modifying the front windows into an overhead glass door to allow for an interior and exterior environment, painting the entire building white(BM OC-40 Albescent)with black accents,and adding wood accents around the future sign,exposed bar at the front overhead door, and planter beds. In addition,the justification letter states the design complements the surrounding environment including an approved microbrewery building(located two lots to the east),the pavilion at Heritage Park(located directly to the east),and three existing buildings including Reed's Cycle(located north of the site). Staff defers comment regarding the exterior building modifications,design,and colors to the Design Review Board. • Eagle City Code Section 8-2A-3 states in part,"...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 article if the City Council determines a particular site,setting,or use to have special and/or unique circumstances to Page 10 of 20 K:\Planning Dcpt\Eagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf.docx warrant an exception to the requirements."The discussion items below(identified with >) identify DDA(Downtown Development Area)City Code provisions and other provisions within 8-2A from which the applicant is seeking relief.The applicant is requesting an exception to these requirements to foster redevelopment of this site. > Per Eagle City Code Section 8-2A-6(C)(2)(d),all buildings within the DDA require the building's ground level to be designed so that at least 70%of the street-facing facades are constructed to abut and be oriented to a public sidewalk or plaza.The existing building is located on a corner lot adjacent to two streets and is oriented toward a public sidewalk but does not abut the sidewalk. The north elevation facing East State Street is 28-feet from the property line/sidewalk and the west building elevation facing South 2"d Street is 53-feet from the sidewalk. > Per Eagle City Code Section 8-2A-6(C)(2)(f),all buildings within the DDA required to include a "store-front"on the ground floor consisting of a minimum of 50%glass.The north building elevation shows 34%of glass and the west building elevation shows 32%of glass. > Per Eagle City Code Section 8-2A-6(C)(2)(h),all buildings within the DDA require the building entrance facing a street to be recessed four feet.Exceptions may be permitted if another building entry design feature can meet the intent of this requirement and is approved by the Design Review Board and City Council.The main entrance into the building is located on the north side of the building and faces to the west.The entrance is not recessed four feet;however, it does lead to a vestibule area followed by another interior door that leads into the restaurant area. > Per Eagle City Code Section 8-2A-6(C)(3)(a),all buildings within the DDA require the front building setback to be a minimum of 0-feet to a maximum of 10-feet.The existing front setback from the north property line(East State Street)is 28-feet. > Per Eagle City Code Section 8-2A-6(C)(3)(b),all buildings within the DDA require the side building setbacks to be 0-feet so as to tie into adjoining structures.The existing side setback to the west(South 2"d Street)is 45-feet,and the side setback to the east is 21-feet. > Per Eagle City Code Section 8-2A-6(C)(3)(f),all buildings within the DDA require the lot coverage by the footprint of the structure to be a minimum of 40%.The existing structure covers approximately 12%. > Per Eagle City Code Section 8-2A-6(G)(12),sidewalks within the DDA are required to be a minimum of 10-feet wide,abut the curb,and match the sidewalk exhibit within the EASD book. The site plan identifies an existing concrete sidewalk adjacent to East State Street(8-feet wide) and South 2"d Street(4-feet wide).No changes are proposed for either sidewalk. The City is working with the Ada County Highway District(ACHD)on plans to replace sidewalk areas within downtown Eagle(adjacent to East State Street), including in front of this site.A new sidewalk design has been approved with the joint Ada County Highway District and City of Eagle project.Construction for this project is currently scheduled for 2023.The new sidewalk design differs from the sidewalk design in the EASD book. Below are exhibits showing the approved sidewalk design that will be constructed adjacent to East State Street in 2023,the current sidewalk design identified in the EASD book,and the existing sidewalks for this site. Page 11 of 20 K:1Planning Dept\Eagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod cc£docx Approved Sidewalk Design (for use on the Aikens Street extension project anticipated for construction in 2023) _ -_ \.7`:L.:.., - ''i1'-'' • :t .r.0 ,:.•'ati •ille Milk _n1 .. -1 tt'S�M}fix�ii.i __ -y-�'^_- - gig iIT-��7111..'P'i -wZni�..2 • ,•ZL--Z]' � �!1[ra=- c?FGfm .:l_" • i �! I#kmor 1tL—'' �� �` �—�—++�.- � �` ter. Figure 1 Current Sidewalk Exhibit Existing Sidewalk Existing Sidewalk In the EASD book (2"d Street) (State Street) . N 1 — ar .4 1 `7� v,1 • r. t , ;t 1 ,...4*l . ... ,... - 1t;,; �,. Figure 2 Figure 3 Figure 4 Figure 2 shows the current sidewalk exhibit identified in the EASD book which is 10-feet wide and includes a combination of a stamped concrete"running bond"pattern and gray concrete. Figure 1 above shows the approved sidewalk design for the Aikens Street project which is a 10- foot wide sidewalk and includes a combination of pavers and gray concrete.The design in Figure 1 above is also planned for the redesign of East State Street(including in front of this site)to be constructed in 2023. The redesign does not include the sidewalk along South 2nd Street. Staff defers comment regarding the existing sidewalk on East State Street and on South 2"d Street to the Design Review Board. ➢ Per Eagle City Code Section 8-2A-7(K)(2),a landscape strip is required to be provided between the parking lot and adjacent public right-of-way utilizing one of the four options identified(a-d). The landscape plan identifies a 5-foot wide landscape strip between the parking lot and public- right-of way on the west property line and no landscape strip between the parking lot and south property line. > Per Eagle City Code Section 8-2A-7(K)(4)(b)(1-5),no parking space shall be more than 60-feet from an interior landscape area.The two most southern parking spaces on the west property line are more than 60-feet from an interior landscape area and there is not a terminal island for that row of parking spaces.No changes are proposed. Page 12 of 20 K:\Planning Dept\Eagle Applications 1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocx • The landscape plan shows one existing street tree adjacent to East State Street. Staff completed a site visit on April 23,2020, and determined there is an additional tree well with no tree. .„,71,441,1'..;6t1;" _,....,—.7 ,..„;, Pi .-...,.-1 p .,44 Li; iN2 are • .. r --" i .r- .In 1--—' '''. :�-..,:_.+.j.• ?_ t. td Trees previously planted in this location have died due to the lack of water to the tree well. The City's plan for the redesign of East State Street includes new irrigation,street trees,and sidewalk design. Staff defers comment regarding the missing street tree to the Design Review Board. • The building and site were developed in 1992 and have not been updated in 28 years.The site and landscape plans show the existing overgrow landscaping to remain adjacent to South 2nd Street and East State Street(on both the east and west sides of the driveway).New landscaping is proposed on the east property line to buffer the drive through from the adjacent property to the east. With the proposed building modifications, it may be appropriate at this time to update the overgrown and outdated landscaping along South 2nd Street and East State Street to complement the new landscaping on the east property line and the updated building elevations.The applicant should be required to provide a revised landscape plan showing the existing evergreen shrubs adjacent to South 2"d Street and East State Street removed. The revised landscape plan should show plant material adjacent to South 2"d Street that reaches a minimum height of 36-inches to screen the parked cars located within the parking lot. The landscape plan should also show plant material adjacent to East State Street that screens the parked cars from view, provides the required landscaping around any proposed monument sign,and complements the new landscape material proposed along the east property line.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. STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on May 28,2020.The application was continued to June 11, 2020,at which time the Board made their decision. B. Oral testimony in favor of the application was presented to the Design Review Board by no one (not Page 13 of 20 K:\Planning Dept\Eagle Applications\Dr\2020\DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocx including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Design Review Board by no one. BOARD DELIBERATION: (Granicus time 2:16:01) On May 28,2020,upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is not in favor of the proposed changes to the exterior of the building.The building should include historical elements (as described within the Comprehensive Plan) to be harmonious with the surrounding area. • The Board is not in favor of the sidewalk of the existing 4-foot sidewalk adjacent to South 2nd Street. The Board recommended increasing the width of the sidewalk to allow for increased pedestrian movement. BOARD DELIBERATION: (Granicus time 30:32) On June 11,2020,upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that: • The Board is in favor of the wider sidewalk along South 2nd Street and would like to see the addition of street trees included in the streetscape design. • The Board is in favor of the revised building elevations and would like the color of the building to be a warmer white tone. • The Board recommends granting exceptions allowed pursuant to 8-2A-3.The building is existing,and the applicant is proposing improvements to the building elevations, site,and landscaping. BOARD DECISION: The Board voted 4 to 0(Grubb and Koci abstain,Baer absent)to recommend approval of DR-17-20 for a design review application for a modification to the exterior building elevations and site landscaping for a restaurant with drive through for Dan Todd,with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated June 11,2020. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on June 23,2020,at which time the Council made their decision. B. Oral testimony in favor of the application was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve DR-17-20 for a design review application for a modification to the exterior building elevations and site landscaping for a restaurant with drive through for Dan Todd,with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council and text shown with strikethrough to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide a revised landscape plan showing the existing evergreen shrubs adjacent to South 2nd Street and East State Street removed and replaced.The landscape plan shall show plant material adjacent to East State Street that screens the parked cars from view,provides the required landscaping around any proposed monument sign,and complements the new landscape material proposed along the east Page 14 of 20 K:\Planning Dept\Eagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf.docx property line. 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. 2. Provide a revised site plan showing the existing monument sign,directional signs,and menu board sign removed. The revised site plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 3. No signs are proposed with this application.A separate design review application is required prior to construction of any signs on this site. 4. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle City Code. 5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 6. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 8. No ground mounted mechanical units are proposed with this application and none are approved. 9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building. 10. The revised building elevations,date stamped by the City on June 4, 2020, showing the addition of an awning over the main entrance is approved. 11. Provide a revised landscape plan showing the 8-foot wide sidewalk adjacent to East State Street and the 4-foot wide sidewalk and existing trees adjacent to South 2nd Street to remain.The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. , , 12. The revised landscape plan,dated stamped by the City on June 4,2020,showing a terminal island located at the southern end of the parking spaces adjacent to the west property line planted with one tree and shrubs, is approved. 13. ffd 14. Provide a revised color samples showing options with warmer white tones.The revised color samples shall be reviewed and approve by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 15. , ad 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. Page 15 of 20 K:\Planning Dept\Eagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocx 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 and 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 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 Page 16 of 20 K:Iplanning Dept\Eagle Applications\Dr12020\DR-17-20 Restaurant w-Drive Through Bldg and LS mod cc£docx 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 issuance of any 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 be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and river protection regulations(if applicable)prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. Page 17 of 20 K:\Planning Dept\Eagle Applications\Dr12020\DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf docx 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 approval date). 26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping(top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR-17-20) 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 except as otherwise identified in item 3 below. 2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of Page 18 of 20 K:\Planning Dept\Eagle Applications1Dr120201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocc Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and an existing restaurant with drive-through building is permitted with the approval of a design review application within the CBD(Central Business District)zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the proposed modifications to the building are designed with materials and colors associated with the Italianate architectural style and have been designed with materials utilized in the design of buildings in the vicinity; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the parking on-site meets the required parking for a restaurant with drive through; D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city, and where possible,enhance the continuity of thematically common architectural features since the proposed building modifications utilize materials consistent with other building in the vicinity; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed modifications to the building will complement building in the vicinity; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building height complies with Eagle City Code; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting development since the site has sidewalks adjacent to South 2ttd Street and East State Street; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since modifications to the site have been designed to provide outdoor dining and walkability to other sites with the downtown;and I. No signs are proposed with this application. All signs, if proposed, will be required to be harmonious with the architectural design of the subdivision, and will not cover nor detract from desirable architectural features. 3. In accordance with Eagle City Code Section 8-2A-3, the Council concludes that the following City code requirements are suspended/relaxed and such exceptions will not change the essential character of the area for the reasons identified below: • ECC 8-2A-6(C)(2)(d) Orientation — The existing building oriented toward a public sidewalk is approved. The building does not abut the sidewalk since the building is existing(not a change of use)and the plaza area north of the building is being increased in size. • ECC 8-2A-6(C)(2)(0 Façade—The 34% glass on the north building elevation and 32% glass on the west building elevation are approved because the existing building elevations already have significant amount of glass and the applicant is proposing to modify the existing building elevations to increase the glazing on the north elevation by installing a roll up glass door which provides access to the patio and a roll up window with high table seating. • ECC 8-2A-6(C)(3)(a-b) Setbacks—The building location is approved with a front setback of 28- feet and side setbacks of 45-feet(west) and 21-feet (east) because the building is existing (not a change of use),the patio area north of the building is being expanded,and the site parking and drive Page 19 of 20 K:\Planning Dept\Eagle Applications1Dr\20201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccfdocx through lane is existing. • ECC 8-2A-6(C)(3)(f) Lot Coverage — The existing building lot coverage of 12% is approved because the building is existing(not a change of use)and no building additions are proposed. • ECC 8-2A-6(G)(1 & 12) Streetscape — The 4-foot wide sidewalk located adjacent to South 2°d Street is approved to remain since there are existing trees directly to the east of the sidewalk and the sidewalk matches the sidewalk widths do the south. The 8-foot wide sidewalk located adjacent to East State Street is approved to remain because a redesign of the sidewalk area is planned for 2023 and the design is not finalized to date. • ECC Section 8-2A-7(K) Parking Lot Landscaping—No landscape buffer between the parking lot and the south property line(adjacent to the alley) is required because the alley provides additional access to and from the site. DATED this 23rd day of June 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, • . .son.'ierce,Mayor ��11,.SII...,,,, ( ),,,,__ ,), 4,,,, ,,, .•::._ ,• ATTEST: •.•`� CITY ''•., ���,* ••••••••.., '•ice `\ i t•• COR.°O ''..may-. : v • •P IC) : vSharon K. Bergmann, Eagle City Clerk,K '9e T: '''•.,,bAtHO Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535. Idaho Code, to request a reconsideration within fourteen(14)days of the final written decision. Page 20 of 20 K:1Planning Dept\Eagle Applications'Dr\20201DR-17-20 Restaurant w-Drive Through Bldg and LS mod ccf.docz t $. ' ) ". • \ *�' •Y s 9 p'