Findings - DR - 2015 - DR-56-15 - Construct A 3500 Sq' Restaurant W/Drive Thru For Freddy's Frozen Custard/SteakburgersBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A RESTAURANT )
WITH DRIVE- THROUGH FOR FREDDY'S )
FROZEN CUSTARD AND STEAKBURGERS )
FOR EAGLE DEVELOPMENT ASSOCIATES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -56 -15
The above - entitled design review application came before the Eagle Design Review Board for their action
on December 10, 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 Development Association LLC, represented by Ken Lenz, is requesting design review
approval to construct a 3,500 - square foot restaurant with drive - through for Freddy's Frozen
Custard and Steakburgers. The 0.66 -acre site is located on the northeast corner of East State Street
and State Highway 55 at 2864 East State Street within the Eagle Promenade Shopping Center.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 4, 2015.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 10, 2015, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and
Country Centre (PP- 18 -00).
On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional
use approval for Eagle Towne & Country Shopping Center and a height exception (CU- 18 -00).
On April 24, 2001, the Eagle City Council approved the common area landscaping within Eagle
Towne and Country Centre (DR- 06 -01).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle
Towne and Country) (FP- 01 -02).
E. COMPANION APPLICATIONS: DR -57 -15 (design review sign application).
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KAPlanning Dept \Eagle Applicatiom\DA2015\DR -56 -15 Fraddys Bldg drf.doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the YES Subdivision, with landscape borders on the west and south
boundary (constructed with the development of the Eagle Promenade Shopping Center).
I. SITE DESIGN INFORMATION:
Site Data
COMP PLAN
ZONING
LAND USE
28,629 - square feet (0.66- acres)
DESIGNATION
DESIGNATION
12% (approximately)
Existing
Commercial
C -3 (Highway Business District)
Vacant Lot
Proposed
No Change
No Change
Restaurant with Drive - through
50 -feet (south)
30 -feet minimum (pursuant to
CU- 18 -00)
Rear Setback
for Freddy's Frozen Custard
0 -feet minimum
Side Setback
27.5 -feet (west)
and Steakburgers
North of site
Business Park
BP (Business Park)
Vacant Lot/Hardware Store -
Home Depot
South of site
Commercial
C -3 (Highway Business District)
State Street/Vacant property
East of site
Commercial
C -3 (Highway Business District)
Vacant Lot/Multi -tenant
Building
West of site
Commercial
C -3 (Highway Business District)
State Highway 55/Residence-
Pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the YES Subdivision, with landscape borders on the west and south
boundary (constructed with the development of the Eagle Promenade Shopping Center).
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
28,629 - square feet (0.66- acres)
1,300 - square feet (0.03- acres)
(minimum)
Percentage of Site Devoted to
Building Coverage
12% (approximately)
92% (maximum)
Percentage of Site Devoted to
Landscaping
30% (approximately)
10% (minimum)
Number of Parking Spaces
31- parking spaces
23- spaces (minimum)
Front Setback
50 -feet (south)
30 -feet minimum (pursuant to
CU- 18 -00)
Rear Setback
75 -feet (north)
0 -feet minimum
Side Setback
27.5 -feet (west)
30 -feet minimum (pursuant to
CU- 18 -00)
Side Setback
31 -feet (east)
0 -feet minimum
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used for a restaurant with drive - through.
Height and Number of Stories of Proposed Buildings: 26 -feet; one story.
Gross Floor Area of Proposed Buildings: 3,500- square feet.
On and Off -Site Circulation:
A 12,600 - square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 30 -foot wide drive aisle is proposed to be located at the northeast corner of this site
providing access to the existing 30 -foot wide drive aisle that provides access to the rest of the
shopping center and to State Street.
K. BUILDING DESIGN FEATURES:
Roof: Single ply membrane (white)
Walls: EFIS (Tan and white), Cultured stone (suede drystack ledgestone)
Windows/Doors: Anodized aluminum
Fascia/Trim: Metal (red)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees and vegetation
along the west and south boundaries of this site. The applicant is proposing to retain the existing
trees and vegetation.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The street trees along Horseshoe Bend Road, East State Street, and State Highway 55
were installed by the developer of Eagle Promenade.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
With the exception of the east perimeter of the parking lot, perimeter landscaping is
proposed on the west, north and south perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed.
M. TRASH ENCLOSURES:
One 208 - square foot trash enclosure is proposed to be located along the west side of the site
approximately 170 -feet west of the driveway leading to the shopping center. The enclosure is
proposed to be constructed of splitface CMU block with polymer gates; all of which will
complement the colors of the building.
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N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units, hoods,
and access ladders are proposed to be completely screened by the parapet walls. No ground
mounted mechanical units are proposed and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application.
the approval of any signs.
A separate design review application is required for
Q. PUBLIC SERVICES AVAILABLE:
No preliminary approval letters from Central District Health Department, Eagle Fire Department,
or Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - 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:
Idaho Transportation Department
W. LETTERS FROM THE PUBLIC: None received to date.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Commercial.
B. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The buildings shall be placed at varying angles facing the abutting road rights -of -way to alleviate
any walled corridor effect. The Design Review Board shall make the determination if this plan as
presented meets this requirement.
• All buildings shall be set back from State Highway 44, State Highway 55 and Horseshoe Bend
Road a minimum of 30 -feet (not including right -of -way).
• All lots and buildings shall be configured so as to screen any and all loading areas and trash
enclosures from view as seen from residential uses or public roadways.
• Separate Design Review Board approval of individual pad sites/buildings is required.
• Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8- 2A- 6(A)(5)(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)(1)(h & i)
h. Stucco: twenty five percent (25 %) planer change required, additional accents shall be
incorporated through the use of other material(s);
i. EIFS: permitted for accent only, ten percent (10 %) maximum wall coverage (per each
facade). Additional accents required through the use of other materials;
• Eagle City Code Section 8- 2A- 7(C)(1 and 2)
1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
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rExisting Tree Replacement
1 inch to 6 inches caliper 12x caliper of tree removed
61/4 inches to 12 inches 1.5x caliper of tree removed
121/4 inches or more 1x caliper of tree removed
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected
from damage to bark, branches, or roots during construction. Construction or excavation
occurring within the drip line of any public or private retained tree or shrub may severely
damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance
with subsection Cl of this section.
• Eagle City Code Section 8- 4- 4 -2(A)
6. Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt
maximum high pressure sodium lights, shall be the only type of site lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of 320 watts.
b. The light fixture shall be no higher than seventeen feet (IT)
c. The design review board shall make the following findings prior to approving metal
halide lighting:
(1) The lighting shall be harmonious with and in accordance with the general
objectives, or with any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
D. DISCUSSION:
The applicant is proposing to construct a 3,500- square foot restaurant with drive - through for
Freddy's Frozen Custard and Steakburgers within the Eagle Promenade Shopping Center. The
building is proposed to be constructed on Lot 5, Block 1 of YES Subdivision which is located at
the southwest corner of the development. The materials to be used on the exterior of the building
include stone veneer wainscoting, EIFS, red and white awnings, and red cornice trim. The design
guidelines for Eagle Promenade were established before the City of Eagle created the EASD book,
thus, the applicant is not required to comply with one of the architectural styles within the book.
Pursuant to Eagle City code, EIFS (Exterior Insulation and Finish System) is permitted for accent
only, ten percent (10 %) maximum wall coverage (per each fagade). Additional accents required
through the use of other materials. The elevation plans, date stamped by the City on November 4,
2015, show the following percentage of EIFS to be used on the building elevations: North — 67 %,
South — 76 %, East — 58 %, and West — 70 %. All four elevations exceed the ten percent (10 %)
maximum that is permitted per each fagade. The applicant should be required to provide revised
building elevations showing the amount of EIFS to be used on each building fagade does not
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exceed ten percent (10 %) which is permitted within Eagle City Code. The revised building
elevations should be reviewed and approved by the Design Review Board prior to the issuance of a
zoning certificate.
Pursuant to the approval of CU- 18 -00, all building are required to be set back from State Highway
44 (State Street), State Highway 55, and Horseshoe Bend Road (not including right -of -way).
Sheet DR 1.0, date stamped by the City on November 4, 2015, shows the building to be located
27.5 -feet from the west property line. The applicant should be required to provide a revised site
plan showing the building located 30 -feet (minimum) from the west property line. The revised site
plan should be reviewed and approved by the Design Review Board prior to the issuance of a
zoning certificate.
Sheet E1.0, date stamped by the City on November 4, 2015, indicate that the applicant is
proposing to use high pressure sodium light fixtures; however, the detailed cut sheets submitted
with the application indicate that LED light fixtures are to be used with the exception of the
parking lot light fixtures (shown to be 250 -watt BPS). Currently, Eagle City Code does not permit
LED light fixtures. The applicant should be required to provide revised lighting plans and
detailed cut sheets showing the exterior building lighting to be incompliance with Eagle City
Code. The revised lighting plan and detailed cut sheets should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
The application submittal documents indicate that lights are to be located under the awnings that
are proposed on all elevations of the building. The applicant should provide additional
information/details indicating any lighting proposed under the awnings will be directed down and
the awnings will not have the appearance of being internally illuminated. The additional
information/details should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
The site plan, date stamped by the City on November 4, 2015, shows a 24 -foot wide shared drive
aisle to be located on the eastern property line which provides access to the existing drive aisle
located on Lot 4, Block 1, YES Subdivision. Additionally, the site plan shows a portion of a 24-
foot wide drive aisle to be located on the northern property line which provides access to the
property to the north for future expansion of the parking area. Pursuant to the final plat for YES
Subdivision, all lots have a reciprocal cross - access for vehicular and pedestrian ingress and egress
to the public right -of -way. The applicant should be required to provide a letter from the property
owner(s) to the north and east approving the drive aisle improvements proposed on their property
as shown on the site plan date stamped by the City on November 4, 2015. The letter should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
• 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 December 10,
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).
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BOARD DECISION:
The Board voted 5 to 0 (Schafer abstained; Brasher absent) to approve DR -56 -15 for a design
review application to construct a restaurant with drive- through for Freddy's Frozen Custard and
Steakhouse for Eagle Development Associates, with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with strike thru to be
deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of CU- 18 -00.
2. Provide revised building elevations showing the amount of EMS to be used on each building fagade
does not exceed ten percent (10 %) which is permitted within Eagle City Code. The revised building
elevations shall be reviewed and approved by staff the Design Review Beafd prior to the issuance of a
zoning certificate.
3. Provide a revised site plan showing the building located 30 -feet (minimum) from the west property
line. The revised site plan shall be reviewed and approved by the Design Review Board prior to the
issuance of a zoning certificate.
4. Provide revised lighting plans and detailed cut sheets showing the exterior building lighting to be
incompliance with Eagle City Code. The revised lighting plan and detailed cut sheets shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
5. Provide additional information/details indicating any lighting proposed under the awnings will be
directed down and the awnings will not have the appearance of being internally illuminated. The
additional information/details shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
6. Provide a letter from the property owner(s) to the north and east approving the drive aisle
improvements proposed on their property as shown on the site plan date stamped by the City on
November 4, 2015. The letter shall be reviewed and approved by staff prior to the issuance of a
zoning certificate.
7. Provide a cross section of the drive- through lane in relation to East State Street and State Highway 55
showing a minimum forty -eight inch (48 ") high berm, decorative block wall, cultured stone, decorative
rock, or similarly designed concrete wall, landscaping, or combination thereof within the buffer area to
reduce the impact of the vehicles utilizing the drive - through (i.e.: vehicle headlights and vehicle
cueing). The cross sections shall be reviewed and approved by staff and two members of the Design
Review Board prior to the issuance of a zoning certificate.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls.
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14. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
15. No signs are proposed with this application. A separate design review application (DR- 57 -15) has been
submitted for the approval of the building wall signage, monument sign, and menu board signage.
16. Provide detailed cut sheets of the proposed lighting under the canopy and show how the light will be
directed downward to illuminated the side of the wall and show that the awnings will not be
illuminated. The detailed cut sheets shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
17. Provide revised building elevations showing additional architectural features on the north, south and
west building elevations (i.e.: stone on the columns, additional canopies, etc.). The revised building
elevations shall be reviewed and approved by staff and two (2) members of the Design Review Board
prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
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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
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
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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.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver /variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
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26. All ground- mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 4, 2015.
2. Requests for agencies' reviews were transmitted on November 10, 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- 56 -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.
The Board recognizes that Light Emitting Diode (LED) lighting is not currently permitted within Eagle
City Code; however, in an attempt to be more energy conscientious, the Board recommends that LED
lighting be approved. The applicant is proposing to use light fixtures throughout the site and on the
buildings that could be either high pressure sodium (HPS) or LED; the only difference would be the
type of luminarie used within the fixtures. Pursuant to past action by the Design Review Board and
City Council, the applicant is required to use LED fixtures that utilize 3000 Kelvin degrees. The 3000
Kelvin degrees more closely matches the warmer toned light source of a standard HPS lamp. It is with
these improvements that the Board recommends approval of this project as proposed and with the
modifications noted herein.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C -3 (highway business district) zoning district.
DATED this 141' day of January 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Chairman
ATTEST=
Sharon K. Bergmann, Eagle City/Clerk
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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KAPl -g DepAEagle Applwa 0 s\DN0l5\DR•Xi -15 FMddy's Bldg drfdOC