Findings - DR - 2022 - DR-33-22 - Truman Cove Subdivision - Restaurant Building In Truman Cove Subdivision BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A RESTAURANT )
BUILDING IN TRUMAN COVE SUBDIVISION )
FOR MCRF PROPERTIES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-33-22
The above-entitled design review application came before the Eagle Design Review Board for their action
on May 26,2022. The Eagle 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:
MCRF Properties, LLC, represented by Zach Turner with Rennison Companies, is requesting design
review approval for a 9,431-square foot restaurant building in Truman Cove. The 0.53-acre site is
located on the south side of East Riverside Drive approximately 200-feet east of South Stellar Cove
Avenue at 2121 East Riverside Drive within Truman Cove Subdivision No.4.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on April 21, 2022. Revised information
(landscape plan)was received May 18,2022.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on April 28,2022,in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 10,2015,the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes
Subdivision(RZ-10-15 and PP-07-15).
On June 13, 2017,the Eagle City Council approved the final plat for Truman Cove Subdivision No. 1
(formerly known as Eagle Lakes Subdivision)(FP-01-17).
On May 27, 2018, the Eagle City Council approved a development agreement modification for TPC
Brooklyn Park Investors, LLC (RZ-10-15 MOD).
On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD)
modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes
Subdivision), a previously approved 301-unit, 80-lot (51-single-family, 6-multi-family [consisting of
250-units], 12 commercial, 10-common, and 1-private street) subdivision. The subdivision
modification includes 327-units, 110-lots (77-single-family, 6-multi-family [consisting of 250-units],
12-commercial, and 15-common [consisting of 1-private street, 1-private alley, and 1-access drive])
(RZ-10-15 MOD2 & PP-07-15 MOD).
On January 8, 2019, the City Council approved a modification to Condition of Development #3.6 of
the rezone development agreement associated with the approved Truman Cove Subdivision(RZ-10-15
MOD3).
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On July 13, 2021, the City Council approved a final plat for Truman Cove Subdivision No. 4 (FP-09-
20).
For additional property history see:DR-58-15, DR-59-15, DR-58-15 MOD, LLA-01-17, DR-34-18, and DR-14-
19.
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA(Mixed Use with a Vacant land(Truman Cove
development agreement in Subdivision)
lieu of a PUD)
Proposed No Change No Change Restaurant building
North of site Mixed Use and Scenic MU-DA(Mixed Use with a Pond(Truman Cove
Corridor development agreement in Subdivision No. 2)
lieu of a PUD)
South of site Mixed Use MU-DA(Mixed Use with a Vacant land(Truman Cove
development agreement in Subdivision No. 2 and No.
lieu of a PUD) 3)
East of site Mixed Use and Scenic MU-DA(Mixed Use with a Eagle Lakes Apartments
Corridor development agreement in
lieu of a PUD)
West of site Mixed Use and Scenic MU-DA(Mixed Use with a South Stellar Cove
Corridor development agreement in Avenue, Renovare
lieu of a PUD) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site is a vacant lot within Truman Cove Subdivision No. 4. There is an existing parking lot
associated with all lots within the subdivision.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.53-acres(23,086-square feet) 5,000-square feet(minimum)
Percentage of Site Devoted 35%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 21%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 63-parking spaces* 63-parking spaces(minimum)
Front Setback(North) 34-feet 20-feet(minimum)
Rear Setback 28-feet/ 17-feet(front the patio)** 20-feet(minimum)
Side Setback(East) 15-feet 7.5-feet(minimum)
Side Setback(West) 25-feet 7.5-feet(minimum)
*Truman Cove Subdivision No.4 contains a cross access/cross parking agreement.63-parking spaces are available for this lot.
**Patios are permitted to encroach into the setback a maximum of 15-feet with the rear setback remaining a minimum of 10-feet.
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Restaurant: 9,431-square feet
Restaurant— 1 per 150-square feet of gross floor area 9,431/150=63-parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor area:
Proposed Parking Spaces: 63
Required Parking Spaces: 63 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Restaurant")
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a restaurant.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-six foot(26')high two-story structure.
Gross Floor Area of Proposed Buildings:
The proposed restaurant is approximately 9,431-square feet.
On and Off-Site Circulation:
There is an existing 97,671-square foot (approximately) paved parking lot that provides parking for
vehicles using this site. One 43-foot wide shared driveway is located north of the site and provides
access to East Riverside Drive. One 26-foot wide shared driveway is located west of this site and
provides access to South Stellar Cove Avenue.
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M. BUILDING DESIGN FEATURES:
Proposed Building Design: Prairie School
Roof: Low slope Single ply membrane(White)
Walls: Stucco (SW7674 Peppercorn, SW7067 Cityscape), stone veneer (Grey Basalt), Concrete Tile
(scales)
Windows/Doors: Aluminum(black)
Fascia/Trim: metal coping(SW6992 Inkwell), steel accents(SW6992 Inkwell)
Other: Retractable screen system(aluminum)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: There are existing trees along East Riverside Drive and South Stellar Cove Lane that
were installed with Truman Cove Subdivision No. 4.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping: Previously approved with DR-48-19 and DR-90-19.
O. TRASH ENCLOSURES:
There are two existing trash enclosures within this development that will also be shared with this site.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A photometric plan and detailed lighting cutsheets showing the location, height, style, illumination
type,wattage,etc.was received and will comply with Eagle City Code Section 8-4-4-2.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the Zoning Administrator prior to the issuance of any building permits.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Suez Water Company water service area and within the boundaries of the Eagle Sewer
District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain—yes— 100-year and 500-year floodplain
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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
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Park,Pathway, and Recreation
Eagle Sewer District
Idaho Department of Fish and Game
Y. LETTERS FROM THE PUBLIC: None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator,Design Review Board, or City
Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity,and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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
the City, and where possible, enhance the continuity of thematically common architectural
features;
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;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
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g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
h. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly
and walkable environment in balance with protecting a viable commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE DESIGN REVIEW BOARD RECEIVED AND REVIEWED THE FOLLOWING STAFF
ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT
AS PART OF THE DESIGN REVIEW BOARD'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.11 The development is to incorporate public art,water features, or other features of interest and
pedestrian amenities which encourage pedestrian use(i.e.: outdoor drinking fountains, benches,
tables,etc.).
3.12 The single-family dwellings shall be constructed utilizing"Contemporary Prairie and/or Modern
Farmhouse"style architecture as shown on Exhibit F.The multi-family dwellings shall be
constructed utilizing"Craftsman"style architecture as shown on Exhibit G. Commercial/retail
buildings,multi-family residential buildings,and pool house shall be required to meet the design
review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design
book. Eagle Design Review Board approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for commercial/retail buildings,
multi-family residential units,pool house, pumphouse for irrigation,and gazebos.
To assure compliance with this condition,the applicant shall create an architectural control
committee(ACC)as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to deny,
at its discretion, any building permit application that does not meet the design requirements as
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may be stipulated by the Eagle Design Review Board and Eagle City Council.
3.13 Provide plans showing outdoor lighting details for review and approval by the Zoning
Administrator with the submittal of the final plat. The plans shall show how the lights will
facilitate the"Dark Sky"concept of lighting.
C. 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 8-4-4-2(A): Site and Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away
from the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be
recessed or shielded to direct all light downward and the source of the light(including the
lamp and any nonopaque material/lens covering the lamp)shall not be directly visible by a
person of average height standing on the property line of any public right of way,or any
private street, or on the property line of any residentially zoned parcel of land or parcel of
land used for residential purposes.
6. Except as otherwise permitted within this title, incandescent lights,two hundred fifty(250)
watt maximum high pressure sodium lights, 3000K maximum LED lights(or approved
equivalent)shall be the only type of site and building lighting permitted.
D. DISCUSSION:
• The applicant is requesting design review approval for a 9,431-square foot, two-story restaurant
building within Truman Cove Subdivision No. 4. The first floor includes the dining area, kitchen,
patio and the second floor is for storage for the restaurant. The applicant's justification letter states
that the building has been designed with a contemporary approach to the Prairie School style of
architecture.The materials include a mixture of stone veneer,stucco,and custom concrete tile(fish
scale) siding, and a series of bond, interlocking canopies accentuate the horizontal nature of the
building indicative of the Prairie School style. Staff defers comment regarding the design,
materials, and colors of the restaurant building to the Design Review Board.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to 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, and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
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• The photometric plan and photometric models show LED lighting band (L1) located along the
north and east sides of the building with lighting that illuminates up on the building. Pursuant to
Eagle City Code Section 8-4-4-2, lighting is required to be shielded to direct downward. The
applicant should be required to provide a detail on how the lighting is proposed to be installed and
how it will be shielded so it does not reflect up but toward the building. The detail should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
• The site and landscape plan show a portion of the patio area encroaching within the pond easement.
The applicant should be required to provide a copy of the pond easement, allowing the patio
improvements to encroach within it. The pond easement should be reviewed and approved by staff
prior to the issuance of a zoning certificate. If the pond easement does not allow for the patio to
encroach within it, the applicant should be required to provide a revised site and landscape plan
showing the patio located outside of the pond easement.The revised site and landscape plan should
be reviewed and approved by staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 26, 2022, at
which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the design,materials,and colors of the restaurant building.
• The Board is in favor of the proposed landscaping.
BOARD DECISION:
The Board voted 4 to 0(Lindgren abstained; Grubb and Mihan absent)to recommend approval of DR-33-
22 for a design review application for a restaurant building in Truman Cove Subdivision No. 4 for MCRF
Properties, 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 applicable conditions of RZ-10-15, PP-07-15, DR-58-15, DR-59-15, DR-34-18, DR-
14-19 and any subsequent modifications.
2. Provide a detail on how the lighting is proposed to be installed and how it will be shielded so it does
not reflect up but toward the building. The detail shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
3. Provide a copy of the pond easement,allowing the patio improvements to encroach within it.The pond
easement shall be reviewed and approved by staff prior to the issuance of a zoning certificate. If the
pond easement does not allow for the patio to encroach within it, the applicant shall be required to
provide a revised site and landscape plan showing the patio located outside of the pond easement. The
revised site and landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
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5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Provide a revised bench and trash bin detail that match the style of the building.The revised bench and
trash bin detail shall be reviewed and approved by staff and one member 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 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
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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
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,
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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.
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. Use, or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations",and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR-33-22) 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 Board reviewed the particular facts and circumstances of the proposed design review in terms of
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 restaurant building is permitted with the approval of a design review
application within the MU-DA(mixed use with a development agreement)zoning district;
B. 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 building is permitted with the approval of a design review
application within the MU-DA(mixed use with a development agreement)zoning district;
C. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed building is designed to complement the
general vicinity;
D. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site has been design with onsite parking;
E. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
building has been designed to meet the Prairie School style of architecture;
F. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the building is
designed to be harmonious with other surrounding buildings;
G. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the building does not exceed the 35-feet permitted within Eagle City Code;
H. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has a sidewalk
that provides access to the building and other building in the vicinity;
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I. 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; and
J. 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.
DATED this 23'day of June 2022.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County,Idaho
Robert Grubb, Chairman
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