Findings - DR - 2015 - DR-04-15 - Construct A 1920 Sq' Restaurant With Drive Thru BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A RESTAURANT )
WITH DRIVE-THRU FOR EAGLE RIVER LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-04-15
The above-entitled design review application came before the Eagle Design Review Board for their action
on March 12, 2015. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle River LLC, represented by Cheryl Pearse with Erstad Architects, is requesting design review
approval to construct a 1,920-square foot restaurant with drive-thru. The 0.45-acre site is
generally located on the southeast corner of East Riverside Drive and Eagle Road at 125 East
Riverside Drive within Eagle River Development.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 5, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 11, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-02-98) with a development
agreement(including a concept plan)for this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat, Mixed Use Subdivision
No. 1 (PP-14-00) for this site.
On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision No. 1 (FP-
13-01)for this site.
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat,
Mixed Use Subdivision No. 2 (PP/FP-1-01)for this site.
On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed
Use Subdivision No. 3 (PP/FP-03-02)for this site.
On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat,
Mixed Use Subdivision No. 4 (PP/FP-04-02)for this site.
On September 9, 2014, the Eagle City Council approved a combined preliminary and final plat,
Mixed Use Subdivision No. 6 (PP/FP-02-14).
E. COMPANION APPLICATIONS:None
Page 1 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru drf doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA(Highway Business Hotel, Bank, and vacant
District with development area
agreement)
Proposed No change No Change 3- lot commercial
subdivision
North of site Commercial C-3-DA (Highway Business Bank/office/restaurant
District with development
agreement)
South of site Residential Two C-3-DA(Highway Business Vacant lots within Eagle
District with development Island Marketplace
agreement)
East of site Mixed Use MU-DA (Mixed Use with Restaurant/office
development agreement)
West of site Commercial C-1 (Neighborhood Business Vacant lots within Eagle
District) Island Marketplace
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: Vacant lot within Mixed Use Subdivision No. 6.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 0.45-acres(19,602-square feet) 0.2-acres(1,300-square feet)
Percentage of Site Devoted to 10% (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 30%(approximately) 10%(minimum)
Landscaping
Number of Parking Spaces 22-parking spaces 13-parking spaces(minimum)
Front Setback 40-feet(east) 0-feet
Rear Setback 62-feet(west) 0-feet
Side Setback 26-feet(south) 0-feet
Side Setback 33-feet(north) 0-feet
Page 2 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-I5 Restaurant w drive thru drfdoc
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as a drive-thru restaurant.
Height and Number of Stories of Proposed Buildings: 24-feet; one story.
Gross Floor Area of Proposed Buildings: 1,920-square feet.
On and Off-Site Circulation:
An 8,000-square foot (approximately) paved parking lot provides parking for vehicles using this
site. Access to this site will be from shared access drive aisles that provide access to East
Riverside Drive. No direct access to Eagle Road is proposed.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile(Autumn wood)
Walls: Stucco(Barcelona Beige), Stone(Aspen), Wood Shingles(Cedar Bark)
Windows/Doors: Aluminum store front(Sandstone)
Fascia/Trim: Wood(Riverwood)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are several existing trees on the site.
In order to accommodate the new building,the existing trees will be relocate on-site.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board
Street Trees: Street trees were installed by the developer of Eagle River Development.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed on the western portion of the property between
the parking lot and Eagle Road. Perimeter landscaping is not proposed on the
north, east, or south because there is cross access between all these parcels with
common drive aisles.
b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 220-square foot trash enclosure is proposed to be located at the northwest corner of this site.
The enclosure is proposed to be constructed of CMU with stucco finish and metal gates; all of
which will complement the colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use ground mounted mechanical units. The ground mounted
mechanical units are proposed to be screened with landscaping.
Page 3 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru drf doc
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES AVAILABLE:
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.
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion -no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils -unknown
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments,which appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire Department
W. LETTERS FROM THE PUBLIC:None received to date.
Page 4 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru drfdoc
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the
following:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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(K)(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.
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
Page 5of10
K:Tlanning Dept'Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru drf.doc
(B)Any such proposed design alternative is compatible with the overall site design of
the entire project and is compatible with the surrounding area.
C. DISCUSSION:
• The applicant is requesting design review approval to construct a new restaurant building with a
drive-thru within Eagle River Development. Per the applicant's justification letter, date stamped
by the City on February 5, 2015, the design features of the building and the materials proposed to
be used on the exterior of the building complement those used on the adjacent buildings. An
outdoor seating area is proposed to be located on the east side of the building along with a bike
rack.
• The drive-thru window is proposed to be located on the west side of the building. The parking lot,
a landscape buffer, pathway, and at least a 4-foot grade difference between the drive-thru lane and
Eagle Road. Staff defers comment regarding the landscape buffer and difference in grade
proposed between the drive-thru lane and Eagle Road to the Design Review Board.
• Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff 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 March 12, 2015, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 7 to 0 to approve DR-04-15 for a design review application to construct a
restaurant with drive-thru for Eagle River LLC, with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be
added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-02-98.
2. Comply with all conditions of PP-14-00(Eagle River Subdivision).
3. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
4. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. Paint all electrical meters,phone boxes, etc. located on the building to match the color of the building.
Page 6 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR•04-15 Restaurant w drive thru drf doc
8. No signs are proposed with this application. A separate design review application is required to be
reviewed and approved for any building, monument, menu board, and directional signs prior to the
construction of any signs on this site.
9. Provide revised building elevations showing an awning over the man door located on the north
building elevation. The lighting shall be adjusted to accommodate the awning. The revised building
elevations shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
10. Provide revised site and elevation plans showing a screen wall to be located around the three (3)
ground mounted mechanical units located on the south side of the building. The screen wall shall be
constructed to match the materials used in the construction of the building. The revised site and
elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District&Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy,whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
Page 7 of 10
K:\Planning Dept\Eagle Applications\Dr\20l5\DR-04-15 Restaurant w drive thru dr£doc
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or
interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
Page 8 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru drf doc
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable)shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans,which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
Page 9 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru drf.doc
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 5, 2015.
2. Requests for agencies' reviews were transmitted on February 11, 2015, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-04-15) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C-3-DA(highway business district with development agreement)zoning district.
DATED this 26th day of March 2015.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb, Chairman Z •%••• "•
,,,,EA G• O O T 'i�,.
ATTEST: - •
♦•ma' 4i
•Sharon K. Bergmann, Eagle City lerk '•p9o �•.
,
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 10 of 10
K:\Planning Dept\Eagle Applications\Dr\2015\DR-04-15 Restaurant w drive thru dddoc