Findings - DR - 2017 - DR-50-16 - Food & Bev Bldg In LakemoorBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO CONSTRUCT A
FOOD AND BEVERAGE SALES BUILDING
WITHIN LAKEMOOR COMMERCIAL
SUBDIVISION FOR HAWKINS COMPANIES
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -50-16
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 26, 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 12,500 -square foot food and beverage sales building. The 1.41 -acre site is located on the
southeast corner of South Eagle Road and East Colchester Drive within Lakemoor Commercial
Subdivision (Lot 6, Block 10).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 23, 2016. Supplemental documents
were received by the City of Eagle on December 22, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 26, 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
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Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 10504897 1) (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).
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 undeveloped.
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SITE DATA
COMP PLAN
ZONING
LAND USE
1.78 -acres (77,604 -square feet)
DESIGNATION
DESIGNATION
16% (approximately)
Existing
Mixed Use
MU -DA (mixed use with
Vacant land within Lakemoor
Number of Parking Spaces
80 -parking spaces
development agreement
Commercial Subdivision
Proposed
No Change
No Change
Food and Beverage Sales
20 -feet (minimum)
Side Setback
31 -feet (East)
Building
North of site
Mixed Use
MU -DA (mixed use with
East Colchester Drive/Vacant
Beverage Sales based on 1 narking space for every 250 -square feet of gross floor area_
development agreement
land
South of site
Mixed Use
MU -DA (mixed use with
Vacant land within Lakemoor
development agreement
Commercial Subdivision
East of site
Mixed Use
MU -DA (mixed use with
Vacant land within Lakemoor
development agreement
Commercial Subdivision
West of site
Residential Two
R-2 (residential two)
South Eagle Road/
Undeveloped land
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
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SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
1.78 -acres (77,604 -square feet)
0.11 -acres (5,000 -square feet)
Percentage of Site Devoted
to Building Coverage
16% (approximately)
50% (maximum)
Percentage of Site Devoted
to Landscaping
39% (approximately)
10% (minimum)
Number of Parking Spaces
80 -parking spaces
50 -parking spaces (minimum)*
Front Setback
27 -feet (North)
20 -feet (minimum)
Rear Setback
253 -feet (South)
20 -feet (minimum)
Side Setback
31 -feet (East)
7.5 -feet (minimum)
Side Setback
23 -feet (West)
20 -feet (minimum)
*Note: Parking reauired for Food and
Beverage Sales based on 1 narking space for every 250 -square feet of gross floor area_
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 food and beverage facility.
Height and Number of Stories of Proposed Buildings:
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The applicant is proposing an approximately forty two (42') high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed automotive body shop is approximately 12,520 -square feet.
On and Off -Site Circulation:
A 22,600 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 45 -foot wide driveway is located approximately 170 -feet south of East Colchester Drive and one
40 -foot wide driveway is located approximately 360 -feet south of East Colchester Drive. Both
driveways are proposed on the west side of the north/south main access drive for the entire Lakemoor
Commercial Subdivision.
K. BUILDING DESIGN FEATURES:
Roof: Metal (Black powder coat)
Walls: Brick veneer (Cumberland Standard), Wood Paneling (Cedar), EIFS (Beige)
Windows/Doors: Aluminum (Black powder coat)
Fascia/Trim: Metal trim (Black powder coat)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along East Colchester
and around the pond located to the west of this site. The trees are to be retained and protected.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The street trees on the south and west sides of East Colchester Drive were installed by
the developer of Lakemoor Subdivision.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
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, 8% is proposed.
M. TRASH ENCLOSURES:
One (1) 200 -square foot trash enclosure is proposed to be located near the southwest corner of the
building, on the south side of the northernmost entrance to this site. The enclosure is proposed to be
constructed of CMU walls with a stucco finish and metal gates; all of which will be finished to 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. 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.
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P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
submitted for the approval of signs proposed on this building and on the site.
Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health and Eagle Fire Department 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 — along East Colchester Drive
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 attached to the staff report.
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation 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
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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-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-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 -7(K)(2) Parking Lot Landscape Strip:
A landscape strip shall be provided when a parking lot is located adjacent to a public right of
way. The landscaped strip shall serve to shield views of parked cars to passing motorists and
pedestrians, and to establish coordination among architecturally diverse buildings, which creates
a pleasing, harmonious appearance along the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and
plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a
ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a
minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage,
excluding driveway openings.
c. Provide a six foot (6) landscaped strip with a minimum thirty inch (30") grade drop from the
right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of frontage, excluding driveway openings.
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d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along
with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant
a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage,
excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete
fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing that the overall
planting design, at the time of planting, results in an effective barrier such that the landscape strip
shields the view of parked cars from passing pedestrians and motorists; and
(B) Any such proposed design alternative is compatible with the overall site design of the entire
project and is compatible with the surrounding area.
• Eagle City Code Section 8 -2A -7(K)(4) Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot with
ten (10) spaces and above. The required amount of landscaping is based on a sliding scale, as
follows:
Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10-20 ` 5 percent
21-50 [8 percent
51+ 10 percent
b. Additional Requirements:
(2) No parking space shall be more than sixty feet (60') from an interior landscaped area.
(3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce
the visual impact of long rows of parked cars.
(4) Deciduous shade trees and ground covers or low shrubs are recommended as primary
plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height
of six feet (6).
(5) A terminal island for a single row of parking spaces shall be landscaped with at least one tree
and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall
contain not less than two (2) trees and shrubs, ground cover, or grass.
• Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and
Requirements:
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.
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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.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a person
of average height standing on the property line of any residentially zoned parcel of land or parcel
of land used for residential purposes. The light used shall be 3000K maximum LED (or approved
equivalent) and the light fixture shall be provided with optics to direct light downward.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty five feet (25') for parking lots with more than two hundred (200) spaces but less than
five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a 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.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (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. Historic style light pole fixtures designed such that the portion of the fixture housing the light
bulb is exposed as a design element of the light fixture (as identified in the EASD book) shall not
be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
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D. DISCUSSION:
The applicant is requesting design review approval to construct a food and beverage sales
building within Lakemoor Commercial Subdivision. The applicant's justification letter, date
stamped by the City on December 22, 2016, indicates the building design, materials, and colors to
be used in the construction of the building comply with the standards set forth in the development
agreement. Staff defers comment regarding the building design and colors to the Design Review
Board.
The landscape and site plans, date stamped by the City on December 22, 2016, show 80 -parking
spaces and approximately 8% interior parking lot landscaping. The plans also do not show any
landscape islands in the north/south row of parking located adjacent to the pond. Pursuant to
Eagle City Code, 51 -parking spaces or more requires a minimum of 10% interior landscaping.
Additionally, no parking space is to be located more than 60 -feet from an interior landscaped
area. The applicant should be required to provide a revised site and landscape plan showing a
minimum of 10% interior landscaping and landscape islands located within 60 -feet of any
parking space. The revised site and landscape plans should be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
The site plan, date stamped by the City on December 22, 2016, indicates a retaining wall is to be
located 8 -feet west of the westernmost parking spaces. Pursuant to Eagle City Code 8 -2A -
7(K)(2), a landscape strip and/or decorative wall is to be provided between parking lots and the
public right of way to shield views of parked cars to passing motorists and pedestrians. The
applicant should be required to provide a cross section of the retaining wall proposed west of the
westernmost parking spaces. The cross section should show that the height of the retaining wall
and landscaping will screen the parked cars within the parking lot from Eagle Road. The cross
section should be reviewed and approved by staff and two members of the Design Review Board
prior to the issuance of a zoning certificate.
The site and landscape plans, date stamped by the City on December 22, 2016, show bike racks to
be located near the southwest corner of the building; however, detailed cut sheets of the bike rack
was not provided. The applicant should be required to provide detailed cut sheets of the bike rack
showing the style, color, size, etc. to be installed near the southwest corner of the building. The
detailed cut sheets should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
The applicant provided detailed cut sheets of the proposed parking and building lighting. The
Cimarron LED parking lot light fixture (PL1) is shown to be 3000K; however, the height of the
parking lot light has not been specified. Pursuant to Eagle City Code, the maximum height of the
parking lot light poles may be 20 -feet. The applicant should be required to provide a detailed cut
sheet showing the height of the Cimarron LED light fixture to be a maximum of 20 -feet in height.
The lamp and lens should be screened and not directly visible by a person of average height
standing on the property line of any public right of way, private street, or property line of any
residentially zoned parcel or land used for residential purposes. The detailed cut sheet should be
reviewed and approved by staff prior to the issuance of a zoning certificate.
The 8 -inch Bistro Shade LED building light fixture (WL2) is shown to be 4000K. The detailed
cut sheets do not show how the luminaire is to be located within the light fixture and if the
luminaire is to be screened by the light fixture. Pursuant to Eagle City Code, the maximum
Kelvin permitted is 3000K. The applicant should be required to provide revised cut sheets of the
8 -inch Bistro Shade LED building light fixture showing how the luminaire is screened and that
the light fixtures uses a 3000K LED light fixture. The lamp and lens should be screened and not
directly visible by a person of average height standing on the property line of any public right of
way, private street, or property line of any residentially zoned parcel or land used for residential
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purposes. The detailed cut sheets 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, Schafer, and Koci absent) to approve DR -50-16 for a design review
application to construct a food and beverage sales building within Lakemoor Commercial Subdivision 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 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. Provide a revised landscape plan showing the existing trees located along the east side of the pond to
be relocated within the landscape area between the retaining wall of the pond and the parking lot.
The shrubs proposed within this area shall be replaced with evergreen plant material. Provide a
of 10% interior- landseaping and !andseape
islands jeemed within 60 feet of any paflEing spaee. The revised site and landscape plans shall be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance of
a zoning certificate.
3. Provide a er-ess seefien ef the retaining wall pr-epesed west ef the westemmest pafking spaees. The
er-ess seetion shall shew that the height of the Fetaining wall and landseaping will sereen the paFked
staff and two members of the Design Review BeaEd prior- to the issuanee ef a zening eeFfifie .
4. Provide detailed cut sheets of the bike rack showing the style, color, size, etc. to be installed near the
southwest corner of the building. The detailed cut sheets shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
5. Provide a detailed cut sheet showing the height of the Cimarron LED light fixture to be a maximum
of 20 -feet in height. The lamp and lens shall be screened and not directly visible by a person of
average height standing on the property line of any public right of way, private street, or property line
of any residentially zoned parcel or land used for residential purposes. The detailed cut sheet shall be
reviewed and approved by staff prior to the issuance of a zoning certificate.
Provide revised cut sheets of the 8 -inch Bistro Shade LED building light fixture showing how the
luminaire is screened and that the light fixtures use a 3000K LED light fixture. The lamp and lens
shall be screened and not directly visible by a person of average height standing on the property line
of any public right of way, private street, or property line of any residentially zoned parcel or land
used for residential purposes. The detailed cut sheets shall be reviewed and approved by staff prior to
the issuance of a zoning certificate.
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7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No ground mounted mechanical units are proposed with this application and none are approved.
12. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
13. No signs are proposed with this application and none are approved.
14. Provide a revised landscape plan showing the trash enclosure located in an entirely different location
within the parking lot or show the trash enclosure to remain within the same landscape island but
shifted to the south to provide a larger vision triangle for vehicles leaving the site If the trash
enclosure is to remain in the same landscape island the applicant shall provide a revised landscape
plan in conformance with ACHD's vision triangle policies The revised landscape plan shall show
additional shrubs planted between the trash enclosure and the sidewalk The revised landscape plan
shall be reviewed and approved by staff and two 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 Speck 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
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handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
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
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to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
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.
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24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from the City Council approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
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 -50-16) 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.
The Board recognizes that the interior parking lot landscaping does not comply with a couple areas of
the code regarding the percentage of interior parking lot landscaping and the distance between parking
spaces and interior landscaped areas. It is the Board's opinion that the extensive landscaping proposed
throughout the entire commercial development as well as the existing landscaping around the pond and
landscaping proposed between the parking lot and the pond offsets the need for any additional
landscaping within the parking lot of the food and beverage sales building.
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 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 and on site landscaping 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 food and beverage sales building 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;
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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
designed with connectivity to the adjacent sites;
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 in compliance with internal walkable pathways; and
1. 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 -50-16) 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: brick veneer, wood paneling, metal, and stucco, materials for the roof/window
treatments/entryway elements, building and site lighting, and pathways 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 restaurant, office building, and food and beverage
sales 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 food and beverage sales 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.
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DATED this 9h day of February 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, ;dpW i
0 L
Robert Grubb, Chairman �.• F, •.,�
�•` Q� �pTo
ATTEST:% U C �•� V
Sharon K. e , Ber mannEagle Cit Clerk �'•••.,A
Bergmann, g Y Hca .
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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