Findings - CC - 2020 - DR-39-20 - Change Of Use From Museum To RestaurantBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW FOR A TEMPORARY
CHANGE OF USE FROM MUSEUM TO
RESTAURANT FOR THE EAGLE URBAN
RENEWAL AGENCY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-39-20
The above -entitled design review application came before the Eagle City Council for their action on July
14, 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:
The Eagle Urban Renewal Agency, represented by Janet Buschert, is requesting design review approval
for a temporary change of use from museum to restaurant. The 0.09-acre site is located on the south
side of East State Street approximately 110-feet east of South Eagle Road at 67 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on June 16, 2020.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on June 30, 2020, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 17, 2000, the City Council approved a design review sign application for a building wall
sign for the Eagle Historical Museum (DR-50-00).
On June 18, 2009, the City approved a design review application to change the exterior paint color of
the building (DR-22-09).
E. COMPANION APPLICATIONS: None.
F. LAND USE DESIGNATION: Restaurant, permitted pursuant to Eagle City Code Section 8-2-3.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD (Central Business Museum
District)
Proposed No Change No Change Restaurant
North of site Downtown CBD (Central Business Commercial Entertainment
District) Facility
South of site Downtown CBD (Central Business Office and Retail Building
District)
East of site Downtown CBD (Central Business Restaurant
District)
West of site Downtown CBD (Central Business Personal Services
District)
H. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the DDA (Downtown
Development Area).
I. URBAN RENEWAL DISTRICT: Yes.
J. EXISTING SITE CHARACTERISTICS:
There is an existing 1,380-square foot building that was previously used as a museum for the Eagle
Museum of History and Preservation. There is a 560-square foot concrete patio located between the
back of sidewalk along East State Street and the north building elevation. The area south of the building
is existing gravel between the building and the alley located to the south.
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K. SITE DATA:
SITE DATA
PROPOSED REQUIRED
Total Acreage of Site 0.09-acres (4,025-square feet)
Percentage of Site Devoted 34% (approximately)
to Building Coverage
Percentage of Site Devoted Less than 10%
to Landscaping
Number of Parking Spaces
No paved parking area proposed.
Existing gravel parking area located
south of the building.
1-on street parking space on East
State Street
0.01-acres (500-square feet -
minimum)
40% (minimum)*
95% (maximum)*
10% (minimum)
9-parking spaces (minimum)
Front Setback (North) 19-feet 0-feet (minimum)*
10-feet (maximum)*
Rear Setback (South) 69-feet 0-feet (minimum)
Side Setback (East) 0-feet 0-feet (minimum)
Side Setback (West) 0-feet 0-feet (minimum)
*Note: Setbacks and lot coverage required within the DDA overlay district.
L. PARKING ANALYSIS:
Gross Floor Area of Proposed Restaurant: 1,380-square feet
Restaurant — 1 parking space per 150-square feet = 9 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces per 150-square feet of gross floor area;
plus 1 parking space per 35-square feet of dance floor.
Proposed Parking Spaces: No improved parking spaces are proposed.
Required Parking Spaces: 9 (calculated based upon the above use identified in Eagle City Code Section
8-4-5: "Restaurant, dining rooms, taverns, nightclubs, etc.")
M. GENERAL SITE DESIGN FEATURES:
Number and Proposed Uses of Existing Building:
One existing building to be used as a restaurant.
Height and Number of Stories of the Existing Building:
There is an approximately 15-foot tall, single -story structure on the site.
Gross Floor Area of Existing Building:
The existing building is 1,380-squre feet.
On and Off -Site Circulation:
There is an unimproved parking area located south of the building which is accessed from the paved
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alley located adjacent to the south property line of the site. The applicant is not proposing any changes
to the parking area.
N. EXISTING BUILDING DESIGN FEATURES:
Roof: Single ply membrane (white), wood shingle over covered entry
Walls: Vertical siding and stucco (all painted mustard gold)
Windows/Doors: Aluminum windows and metal doors
Fascia/Trim: Wood (brown)
O. LANDSCAPING DESIGN: No changes are proposed.
P. TRASH ENCLOSURES:
No trash enclosure is proposed with this application. There are two individual trash receptacles
located on a concrete walkway, south of the entrance located adjacent to the south building elevation.
The trash receptacles are not screened from view per Eagle City Code.
Q. MECHANICAL UNITS:
There is one existing roof top mechanical unit. The existing roof top mechanical unit is screened
from the north, east, and west but not the south. No additional mechanical units (roof top or ground
mounted) are proposed.
R. OUTDOOR LIGHTING: No changes are proposed.
S. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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 - no
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.
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Y. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Eagle Fire 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 developments 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.
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):
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
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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)(5)(a and b):
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);
• Eagle City Code Section 8-2A-6(B)(7):
Enclosed trash and recycle receptacle areas: All commercial and multi -family developments shall
provide for trash and recycle services and shall include an enclosed area for the storage of trash
and recycle receptacles. The area shall be screened in accordance with section 8-2A-7J of this
article. A waiver of this section may be approved for small businesses that utilize ninety six (96)
gallon or smaller trash and recycle receptacles provided the containers are stored indoors or are
otherwise screened from view with the use of a screen wall and landscaping.
• Eagle City Code Section 8-2A-6(C)(2)(f):
Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum of
fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five
percent (25%) glass. The front of any building is the facade that fronts upon any street.
• Eagle City Code Section 8-2A-6(C)(3)(a - b):
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):
Lot coverage by the footprint of the structure shall be a minimum of forty percent (40%) and a
maximum of ninety five percent (95%) in which case off site parking shall be provided for. The
lot coverage requirement may be waived if development of the lot as a parking lot is reviewed by
the design review board and is approved by the council. Furthermore, the minimum lot coverage
requirement may be reduced by the council for the purpose of providing adequate on site parking
in accordance with the provisions of this title for structures that include residential uses on floors
other than the ground floor.
• Eagle City Code Section 8-2A-6(G)(1 and 12):
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
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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(B)(2):
Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated
into the design of the landscaped area, may be included in the ten percent (10%) landscape
coverage requirement.
• Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
• Eagle City Code Section 8-2A-7(J)(3)
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents
the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-3-2(D)
Enclosed Trash/Recycle Areas: All trash and/or garbage and recycle collection areas for
commercial, industrial and multi- family residential uses shall be enclosed on at least three (3)
sides by a solid wall or fence of at least four feet (4') in height, and a solid wood gate on a metal
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frame shall enclose the fourth side, or shall be within an enclosed building or structure. Adequate
vehicular access to and from such area or areas for collection of trash and/or garbage as
determined by the administrator shall be provided.
• Eagle City Code Section 8-4-3: Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. Drainage plans
shall be reviewed and approved by the city engineer and, for any site abutting a public street,
such plans shall be reviewed and approved by the Ada County highway district, or highway
district having jurisdiction.
• Eagle City Code Section 8-4-5: SCHEDULE OF PARKING REQUIREMENTS:
Restaurants, dining rooms, taverns, 1 per 150 square feet of gross floor area;
nightclubs, etc. plus 1 per 35 square feet dance floor
C. DISCUSSION:
• The applicant is requesting design review approval to temporarily change the use of the museum
building to a restaurant. The applicant is proposing to lease the building to the owner of the
adjacent restaurant, Wild West Bakery and Espresso. The proposed tenant will make minor
improvements within the building (i.e.: paint, flooring, and lighting). No modifications are being
proposed to the exterior building facade. The proposed tenant would like to expand the outdoor
patio area of their current facility (83 East State Street) to include the 560-square foot patio
located in front of the subject property (67 East State Street). Details of how the patio will be
expanded or fenced off from the public sidewalk along East State Street have not been provided.
The applicant should be required to provide detailed elevations showing the height, materials,
colors, etc. of any fencing or walls to be constructed around the patio expansion located on 67
East State Street. The detailed elevations should be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
• Pursuant to Eagle City Code Section 8-2A-3, in order to foster rehabilitation of older districts and
comply with unforeseen needs of the overlay districts, the City Council may, at their discretion,
suspend or relax some or all requirements found in this code, if they determine a particular site,
setting, or use to be of historical significance.
Since the proposed change of use is temporary, the applicant is not proposing any site/building
changes. Staff defers comment with regard to implementation of city code per 8-2A-3 for the
following items: the architectural style, building materials, setbacks, lot coverage, paved parking,
parking, store front windows, landscaping, and streetscape.
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 June 9, 2020, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
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C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 2:26:45)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board supports the temporary use based on it reverting back to a museum use if an extension is not
approved by the Council.
• The Board supports waiving Eagle City Code requirements to allow for a temporary use change with
the understanding that this area is currently under negotiations with a developer for redevelopment.
• The area where the Eagle Museum of History and Preservation building wall sign had been located and
since removed, should be painted to match the existing color of the building.
BOARD DECISION:
The Board voted 6 to 0 (Grubb absent) to recommend approval of DR-39-20 for a design review
application for a temporary change of use from museum to restaurant for the Eagle Urban Renewal
Agency, with the following site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document, dated July 9, 2020.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on July 14, 2020, at which time
the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-39-20 for a design review application for a temporary change of
use from museum to restaurant for the Eagle Urban Renewal Agency, with the following Design Review
Board recommended site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The change of use from museum to restaurant is approved for 1-year. At the conclusion of this
timeframe the use shall revert back to "museum" unless an extension is approved by the City Council.
2. Submit a building permit application for any remodels or alterations proposed within the building. A
Certificate of Occupancy is required prior to the utilization of the building and patio area.
3. Provide detailed elevations showing the height, materials, colors, etc. of any fencing or walls to be
constructed around the patio expansion located on 67 East State Street. The detailed elevations shall
be reviewed and approved by staff and one member of the Design Review Board prior to the issuance
of a zoning certificate.
4. No signs are proposed with this application and none are approved.
5. The parapet wall on the north building elevation shall be painted to match the color of the building.
The parapet wall shall be painted prior to the issuance of a certificate of occupancy.
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.
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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
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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.
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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-39-20) 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.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
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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 a restaurant 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 no modifications are being proposed to the existing
building and it is complementary to the general 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;
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
there are no changes to the building and remains consistent with other buildings 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 there are no
changes to the building and the building continues to be complementary to buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since there are no changes to the exterior of the building;
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 there is a sidewalk
adjacent to East State Street and there is gravel area between the building and the alley to the south;
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 residential center in the area since the
existing patio area will be utilized for outdoor dining and provides connection to the sidewalk
adjacent to East State Street; 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 building, 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-5(E) Architecture — The architecture of the building is approved since there are no
modifications proposed to the building and the existing architecture fits in with the surrounding
buildings.
• ECC 8-2A-6(A)(5)(a and b) Utilities — The existing overhead power to the building and roof top
mechanical unit is approved to remain since there are no changes proposed to the building.
• ECC 8-2A-6(B)(7) and 8-3-2(D) Trash Enclosure — The trash receptacles are permitted to remain
unscreened since there are no exterior modifications being proposed to the building.
• ECC 8-2A-6(C)(2)(f) Facade — The existing glass windows on the north building elevation are
approved because there are no alterations proposed to the building since this is a temporary use.
• ECC 8-2A-6(C)(3)(a-b) Setbacks — The building location is approved with a front setback of 19-
feet (north) because the building is existing and the area between the north property line and the
building has an existing patio which is located adjacent to the back of the sidewalk along East State
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Street.
• ECC 8-2A-6(C)(3)(f) Lot Coverage — The existing building lot coverage of 34% is approved
because the building is existing and no building additions are proposed.
• ECC 8-2A-6(G)(1 & 12) Streetscape — The existing 8-foot wide sidewalk located adjacent to East
State Street is approved to remain because a redesign of the street and sidewalk in this area is being
planned by ACHD for construction in 2023.
• ECC 8-2A-7(B)(2) Landscaping — No landscaping is required since no changes are being made to
the exterior of the building or site.
DATED this 14th day of July 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
.•`,,OFEq
a._,1 it- c,o�poR �r,•
haron K.1jgP�mann, Eagle City Cler ? �t : �'�
*
2i"s SEAL
4' OF 1�
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.
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