Findings - DR - 2017 - DR-83-16 - Restaurant Building In LakemoreBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT A )
RESTAURANT BUILDING WITHIN LAKEMOOR )
COMMERCIAL SUBDIVISION FOR HAWKINS )
COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -83-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 27, 2017. 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:
Hawkins Companies, represented by Christian Samples, is requesting design review approval to
construct a 7,230 -square foot restaurant building. The 1.95 -acre site is located on the east side of South
Eagle Road approximately 300 -feet east of the southeast corner of South Eagle Road and East
Colchester Drive within Lakemoor Commercial Subdivision (Lot 7, Block 10).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 22, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on December 29, 2016, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -
acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05).
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
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development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification to convert
two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within
Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and
allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231
buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision for DMB Investments, LLC (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB
Investments, LLC (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB
Investments, LLC (FP -07-13).
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments, LLC (FP -08-15).
On February 23, 2016, the City Council approved a modification to the development agreement for
William Shultz (RZ-05-02 MOD3).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with development agreement, development
agreement modification, (development agreement in lieu of a PUD), and a preliminary plat
modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private
road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street
lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03-
05 MOD2).
On September 13, 2016, the City Council denied a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to
deny the development agreement modification (development agreement in lieu of a PUD). The City
Council directed staff to provide public notice for a reconsideration public hearing regarding the
development agreement modification (development agreement in lieu of a PUD) to occur on October
25, 2016 (RZ-05-02 MODS).
On October 25, 2016, the City Council approved a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
E. COMPANION APPLICATIONS: None
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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 site is identified as Lot 7, Block 1 within Lakemoor Commercial Subdivision. The site is
undeveloped, however, nine commercial lots are approved within the subdivision and the T -Sheets
building (Lot 9, Block 1) is under construction.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU -DA (Mixed Use with a
Planned Unit Development
development agreement in
(PUD) consisting of
lieu of a PUD)
Office, Commercial, and
Residential (Lakemoor
Subdivision)
Proposed
No Change
No Change
Multi -tenant
retail/restaurant building
North of site
Residential Two (up to
R -E -DA -P (Residential up to
Laguna Pointe
two dwelling units per
one unit per two acres with a
Commercial/Residential
acre maximum) and
development agreement,
Subdivision, Planned Unit
Mixed Use
PUD), R -2 -DA -P (Residential
Development (PUD)
up to two units per acre with a
consisting of Office,
development agreement,
Commercial, and
PUD), and MU -DA (Mixed
Residential (Lakemoor
Use with a development
Subdivision)
agreement)
South of site
Mixed Use, Residential
MU -DA (Mixed Use with a
Planned Unit Development
One (up to one dwelling
development agreement), R-1
(PUD) consisting of
units per acre maximum)
(Residential)
Office, Commercial, and
Residential (Lakemoor
Subdivision), Single-
family residences
East of site
Mixed Use
MU -DA (Mixed Use with a
Planned Unit Development
development agreement in
(PUD) consisting of
lieu of a PUD)
Office, Commercial, and
Residential (Lakemoor
Subdivision)
West of site
Residential Two (up to
R-2 (Residential up to two
Rural Residences &
two dwelling units per
units per acre) & R -2-P
Banbury Meadows
acre maximum)
(Residential up to two units
Subdivision
per acre, PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is identified as Lot 7, Block 1 within Lakemoor Commercial Subdivision. The site is
undeveloped, however, nine commercial lots are approved within the subdivision and the T -Sheets
building (Lot 9, Block 1) is under construction.
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I. SITE DATA:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
1.95 -acres (84,942 -SF)
5,000 -square feet (minimum)
Percentage of Site Devoted
to Building Coverage
9% (approximately)
50% (maximum)
Percentage of Site Devoted
to Landscaping
28% (approximately)
10% (minimum)
Number of Parking Spaces
64 -parking spaces
48 -parking spaces (minimum)*
Front Setback
167 -feet (North)
20 -feet (minimum)
Rear Setback
65 -feet (South)
20 -feet (minimum)
Side Setback
29 -feet (West)
7.5 -feet (minimum)
Side Setback
80 -feet (East)
7.5 -feet (minimum)
*Note: Parking required when using parking calculations for restaurant use (i -parking space per 150 -square feet).
J. 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 a single -story structure with an overall height of thirty-six feet eleven inches
(36' 11").
Gross Floor Area of Proposed Buildings:
The proposed restaurant building is approximately 7,230 -square feet.
On and Off -Site Circulation:
A 21,366 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
Ingress/egress to the site will be provided by one access point located off of East Colchester Drive.
K. BUILDING DESIGN FEATURES:
Roof: Metal (Benjamin Moore 1603 Graphite)
Walls: Wood (Rough Sawn Wood Timber), Stucco (OC -40 Albescent), Stone Veneer (Stone)
Windows/Doors: Aluminum (Benjamin Moore 1603 Graphite)
Fascia/Trim: Metal Trim (1603 Graphite), Galvanized steel coping (Benjamin Moore 1603 Graphite)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: Existing trees located within the wetland area
south of the building will be retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Existing street trees are located along East Colchester Drive.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10% interior landscaping is required, 17% is proposed.
M. TRASH ENCLOSURES:
One (1) 200 -square foot trash enclosure is proposed to be located east of the building. The enclosure
is proposed to be constructed of CMU walls and a metal gate; all of which will match the materials
and colors used in the construction of the building.
N. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by the parapet walls. One ground mounted transformer unit is proposed
south of the building. The ground mounted transformer unit will be screened from view with
landscaping.
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 — yes — 500 year
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
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U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health Department
Eagle Fire Department
Tesoro Logistics NW Pipeline
W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 The maximum height of commercial buildings shall be 50 -feet; non -habitable architectural
elements shall be a maximum height of 60 -feet. Multiple buildings are permitted to be located
on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle
City Code are not exceeded.
3.8 All development on Property shall be consistent with the Commercial Design Guidelines
(Exhibit D), attached hereto and incorporated herein by reference.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives and Considerations:
General Objectives And Considerations: The following apply to the entire design review overlay
district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA,
CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there
is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control.
The following, including the provisions set forth in the Eagle architecture and site design book,
contains a listing of objectives applied to each application, and a listing of matters which shall be
considered by the design review board. The objectives are separated into two (2) sections: site
design and building design. Specific aspects of design should be examined to determine whether
the proposed development will provide a desirable environment for its occupants as well as for its
neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the
intent of this article. The design review board shall consider the following criteria in reviewing the
application
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• Eagle City Code 8-4-4-2: Additional Design and Maintenance Regulations and Requirements:
F. Off Street Parking Design And Dimension Tables:
STANDARD VEHICLES
Parking angle 45° F69° 90° Parallel
r
Width of parking space 9 fee 9 feet 9 feet 9 feet
Curb length per space 13 feet P0 feet 9 feet 23 feet
Length of parking space
(measurement to be perpendicular from the curb or 15 feet 18 feet 19 feet [F23eet
front of space if no curb is provided)
Width of driveway aisle 13 feet 17 feet 24 feet 1 12 feet
COMPACT VEHICLES
Parking angle
Width of parking space
Curb length per space
Length of parking space
(measurement to be perpendicular from the curb or
front of space if no curb is provided)
Width of driveway aisle
450
69°
90°
Parallel
8 feet
8 feet
8 feet
8 feet
11 feet
9 feet
8 feet
19 feet
F14
-[11
feet
P
feet
15 feet
19 feet
12 feet
15 feet
22 feet
12 feet
H. Reduction For Planter Overhangs: When a parking space abuts a landscape planter, the front
two feet (2') of the required length for a parking space may overhang the planter. (Ord. 309, 1-
27-1998)
• Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to
differing facilities, activities, or different intensities of use, such as townhouses and a
convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot
(6) high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6) high
landscaped buffer is required.
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
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residential activity or public street right of way, a five foot (5') wide by six foot (6) high
landscaped buffer is required.
D. SUBDIVISION PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-4-1-6(D): Pathway Design
D. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6) to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences of the
subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot
(16) wide pedestrian access easement, however, in an area where low volume pedestrian traffic
is anticipated, the council may consider a reduction in pathway width to six feet (6). Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major roadways
shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide
pedestrian access easement.
E. DISCUSSION:
The applicant is requesting design review approval to construct a restaurant building within
Lakemoor Commercial Subdivision. The applicant's justification letter, date stamped by the city
on December 22, 2016, states the design is intended to integrate a traditional look and feel to the
architecture. The justification letter goes on to say the building complies with the standards set
forth in the Development Agreement with, "the restaurant use" and that the exterior building
finishes, materials for the roof/window treatments/entryway elements, building and site lighting,
and patio area bringing patrons closer to the amenities of the area. The Commercial Guidelines
within the Development Agreement states the overall color palette for the center will be "warm and
earthy" in character and the overall design of the buildings will promote horizontal and vertical
movement in the fagade planes to enhance interest and "sculptural feel." Staff defers comment
regarding building design and colors to the Design Review Board.
Sheet SD1.1, date stamped by the city on December 22, 2016, shows two of the drive aisles
(western and central drive aisles) within the parking lot at a width of 22 -feet. Pursuant to Eagle
City Code Section 8-4-4-2(F), the width of the drive aisles is required to be a minimum of 24 -
feet. The applicant should be required to provide a revised site plan showing all drive aisles
within the parking lot a minimum of 24 -feet width. The revised site plan should be reviewed and
approved by staff prior to the issuance of a zoning certificate.
Sheet L1.01, date stamped by the city on December 22, 2016, shows the eastern buffer around the
trash enclosure at 4 -feet wide. Pursuant to Eagle City Code Section 8-2A-7(J)(2)(c), the
landscape buffer around the trash enclosure is required to be 5 -foot wide by 6 -foot high. The
applicant should be required to provide a revised landscape plan showing the landscape buffer on
the east side of the trash enclosure 5 -feet wide. The revised landscape plan should be reviewed
and approved by staff prior to the issuance of a zoning certificate.
Sheet L1.01, date stamped by the city on December 22, 2016, shows one (1) bicycle rack to be
located on site. A detailed cut sheet of the bicycle rack was not provided. Pursuant to Eagle City
Code Section 8-4-4-6, one bicycle rack is required per 30 parking spaces. This site is proposed to
have 64 parking spaces, therefore, two (2) bicycle racks are required. The applicant should be
required to provide a revised landscape plan identifying the location of the second bicycle rack,
and also provide a detailed cut sheet of the bicycle racks showing style, size, color, etc. The
revised landscape plan and detailed cut sheet of the bicycle racks should be reviewed and
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approved by staff prior to the issuance of a zoning certificate.
Sheet L1.01, date stamped by the city on December 22, 2016, shows a 5 -foot wide pathway south
of the restaurant building adjacent to the wetlands area. Pursuant to Eagle City Code Section 9-4-
1-6(D), the pathway is required to be a minimum of 6 -feet wide. The applicant should be required
to provide a revised landscape plan showing the pathway south of the restaurant building to be a
minimum of 6 -feet wide. The revised landscape plan should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 26, 2017,
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 4 to 0 (Grubb, Koci, and Schafer absent) to approve DR -83-16 for a design review
application to construct a restaurant building for Hawkins Companies, 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 and text shown with strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-05-02 and all subsequent modifications.
2. Wevide a revised site plan shewing all palrking lot drive aisles a fpAnimum ef 24 feet wide. The
revised site plan shall be reviewed and approved by staff prior- to the issuanee of a zening eei4ifieate.
3. Provide a revised landscape plan showing the landscape buffer on the east side of the trash enclosure
at 5 -feet wide. The revised landscape plan shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
4. Provide a revised landscape plan identifying the location of a second bicycle rack and provide a
detailed cut sheet of the bicycle racks. The revised landscape plan and detailed cut sheet of the
bicycle racks shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
5. Provide a revised landscape plan showing the pathway south of the restaurant building at 6 -feet wide.
The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
6. Provide a copy of the U.S. Army Corps of Engineers permit for the wetland area south of the
restaurant building prior to the issuance of a zoning certificate.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. 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.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
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the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
12. No signs are proposed with this application and none are approved.
13. Provide revised building elevation plans showing more architectural interest on the west building i.e.
stone, color, metal awnings etc. The revised elevation plans shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate
14. Provide a revised landscape plan showing plant material at the base of the green screens that will
grow/climb up the green screens located on the west building elevation The revised landscape plan
shall show evergreen plant material to be planted adjacent to the transformer box located near the
southwest corner of the building. The revised landscape plan shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate
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. 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.
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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
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 -83-16) 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 an office building is permitted with the approval of a design review
application within the MU -DA (Mixed Use with a development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the building is designed to complement the general
vicinity and provide aesthetically pleasing architecture to enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a
restaurant and the drive aisles have been designed in conformance with Eagle City Code 8-4-5;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials and similar features utilized on other
buildings within the development and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
building has been designed with quality materials and similar features utilized on other buildings
within the development and is in conformance with the Commercial Design Guidelines approved
within the development agreement;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions approved within the development agreement;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the parking lot has been
design with connectivity to the adjacent sites;
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H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since the
site has been designed with internal walkable pathways; and
I. No signs are proposed. However, any proposed signs will be required to be harmonious with the
architectural design of the building and adjacent buildings, and will not cover or detract from
desirable architectural features.
3. The Board reviewed the particular facts and circumstances of the proposed design review application
(DR -83-16) with regard to the commercial guidelines set forth in the Development Agreement and has
concluded the following:
A. The overall architectural theme for this development is "Modern Farmhouse."
B. The proposed design review complies with the commercial design guidelines (see Exhibit "A") set
forth in the Development Agreement based on: height of the building, exterior building finishes to
include: wood timbers, stucco, and stone veneer, materials for the roof/window
treatments/entryway elements, building and site lighting, and patio area bringing patrons closer to
the amenities of the area.
C. The development currently has six (6) buildings proposed which include: the T -Sheets building
(currently under construction), a multi -tenant retail/restaurant building, a multi -tenant
retail/restaurant building with a drive-through, a grocer, office building, and restaurant building.
The proposed buildings have similar elements including: architectural elements through articulate
wall sections, material variations, window treatments, and entryway elements that are being carried
over into the restaurant building. The styles, design, and similar materials and elements provide a
transition throughout the site and deliver a cohesive architectural theme.
D. The commercial design guidelines refer to a "Sense of Style" stating the architectural treatment of
the buildings will be eclectic in character, and, to diminish fatigue and to create a rich and visually
stimulating environment, the Center will promote the co -existence of traditional, contemporary,
and transitional styles in a harmonic composition. The applicant has presented the architectural
treatment of the buildings in such a way to make each building exclusive while providing a cohesive
and harmonious architectural theme throughout the commercial development.
DATED this 9th day of February 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE �.•••••'j�AGLF••,,•.
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Ada Co y, �,..••...� •,�
QOM A TE'�%
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JU �. Q,ti� C
Robert Grubb, Chairman *.�• S.'�
ATTEST: a'•STA.�•'•••
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Sharon K. Bergmann, Eagle City ClerkU
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