Findings - DR - 2018 - DR-61-16 - Modfy Building Elevations Of A Multi-Tenant Retail/Restaurant BuildingBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO MODIFY THE
BUILDING ELEVATIONS OF A MULTI -
TENANT RETAIL/RESTAUARNT BUILDING
ELEVATIONS FOR ULTIMATE SEVEN LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -61-16 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 11, 2018. 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:
Ultimate Seven, represented by Kyle Cooper, is requesting design review approval to modify the
building elevations of a multi -tenant retail/restaurant building by removing the trellis structure from
over the outdoor patio area on the east building elevation. The 2.08 -acre site is located on the northwest
corner of Chinden Boulevard and South Bergman Way at 4363 West Gray Fox Street in Reynard
Commercial Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 15, 2017.
C. NOTICE OF AGENCIES' REVIEW: N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 16, 2008, the City Council approved a Comprehensive Plan Map and Text amendment
changing the land use designation on the Comprehensive Plan Land Use Map from Mixed Use and
Professional Office to Commercial for the property located on the northeast corner of Linder Road and
Chinden Boulevard (US 20/26). This action also approved an annexation and a rezone with
development agreement from RUT (Rural Urban Transition) to C -3 -DA (Highway Business District
with a Development Agreement) (CPA-5-08/A-03-08/RZ-8-08).
On March 9, 2010, the City Council approved a Comprehensive Plan Map amendment changing the
land use designation from Public/Semi-Public and Transitional Residential to Mixed Use and
Comprehensive Plan text amendment associated with the Rim View Planning Area; an annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to MU -DA (Mixed Use with a
development agreement) (CPA-07-08/A-05-08/RZ-11-08).
On April 9, 2013, the City Council approved a development agreement modification and preliminary
plat for Reynard Subdivision, a 241 -lot (206 buildable, 2 commercial, and 33 common) (RZ-11-08
MOD/PP-05-12).
On May 23, 2013, the Design Review Board approved a design review application for the common
area landscaping and pool house located within Reynard Subdivision (DR -14-13).
On May 23, 2013, the Design Review Board approved a design review application for monument
signage for Reynard Subdivision (DR -15-13).
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On July 23, 2013, the City Council approved the final plat for Reynard Subdivision No. 1 for M3,
Companies (FP -08-13).
On April 17, 2014, the Reynard Subdivision No. 1 final plat was recorded at the Ada County Recorder's
office.
On July 23, 2013, the City Council approved the final plat for Reynard Subdivision No. 2 for M3,
Companies (FP -09-13).
On April 18, 2014, the Reynard Subdivision No. 2 final plat was recorded at the Ada County Recorder's
office.
On September 9, 2014, the City Council approved the final plat for Reynard Subdivision No. 3 for M3
Companies (FP -06-14).
On December 22, 2014, the Reynard Subdivision No. 3 final plat was recorded at the Ada County
Recorder's office.
On September 9, 2014, the City Council approved the final plat for Reynard Subdivision No. 4 for M3
Companies (FP -12-14).
On December 24, 2014, the Reynard Subdivision No. 4 final plat was recorded at the Ada County
Recorder's office.
On December 16, 2014, the City Council approved the final plat for Reynard Subdivision No. 5 for
M3, Companies (FP -06-14).
On October 15, 2015, the Reynard Subdivision No. 5 final plat was recorded at the Ada County
Recorder's office.
On January 27, 2015, the City Council approved the final plat for Reynard Subdivision No. 6 for M3,
Companies (FP -20-14).
On October 22, 2015, the Reynard Subdivision No. 6 final plat was recorded at the Ada County
Recorder's office.
On May 10, 2016, the City Council approved a final plat for Reynard Commercial Subdivision for M3,
Companies (FP -05-16).
On November 10, 2016, the Eagle Design Review Board approved a design review application for a
multi -tenant retail/restaurant building with drive-through (DR -61-16).
On November 10, 2016, the Eagle Design Review Board approved a design review application for a
master sign plan for a multi -tenant retail/restaurant building, including building wall, menu board, and
directional signage for Costa Vida (DR -62-16).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Mixed Use
No change
Mixed Use
Meridian AOI
Mixed Use
Mixed Use
ZONING
DESIGNATION
MU -DA (Mixed Use with
Development Agreement)
No change
MU -DA (Mixed Use with
Development Agreement)
RUT (Rural -Urban Transition
Ada County designation)
MU -DA (Mixed Use with
Development Agreement)
C -3 -DA (Commercial
Highway District with
Development Agreement)
LAND USE
Multi -tenant
retail/restaurant building
No change
Reynard Subdivision No. 1
Vacant Parcels
Reynard Subdivision No. 1
Vacant Parcel within Lazy
P Subdivision (Eagle
Island Marketplace)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is being developed with a multi -tenant
retail/restaurant building.
I. SITE DATA: No change
SITE DATA PROPOSED
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
Front Setback
Rear Setback
Side Setback
Side Setback
2.01 -acres (90,909 -square feet)
10% (approximately)
50% (approximately)
72 -parking spaces
91 -feet (North)
47 -feet (South)
81 -feet (West)
92 -feet (East)
REQUIRED
0.11 -acres (5,000 -square feet)
(minimum)
50% (maximum)
10% (minimum)
64 -parking spaces (minimum)*
20 -feet (minimum)
20 -feet (minimum)
7.5 -feet (minimum)
7.5 -feet (minimum)
*Note: Parking required based on 9,502 -square feet being restaurant.
J. GENERAL SITE DESIGN FEATURES: No change
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a multi -tenant retail/restaurant
facility.
Height and Number of Stories of Proposed Buildings:
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The applicant is proposing an approximately twenty-six and one half foot (26 1/2') high single -story
structure.
Gross Floor Area of Proposed Buildings:
The proposed multi -tenant retail/restaurant facility is approximately 9,502 -square feet.
On and Off -Site Circulation:
A 29,000 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
Two 26 -foot wide shared driveways are located on the north property line twenty-seven feet (27') and
two hundred thirty-five feet (235') east of the west property line. Both driveways provide access to
West Grey Fox Street.
K. BUILDING DESIGN FEATURES: No change
Roof: Single ply membrane (black)
Walls: Stucco (Navajo White, Steady Brown, Whole Wheat), Brick (Brownwood Mill), and Stone
(Ledgestone Chablis)
Windows/Doors: Aluminum (Dark Bronze)
Fascia/Trim: Metal Awnings and Metal Trim (Dark Bronze)
L. LANDSCAPING DESIGN: No change
Retention of Existing Trees and Preservation Methods: There are existing trees located on the southern
and eastern boundaries of the site. With the exception of one (1) 3 -inch caliper pear tree located in the
southern portion of the property and two (2) 3 -inch caliper crabapple trees located along the eastern
boundary of the site, all existing trees are to be protected and retained. Amenities
Tree Replacement Calculations: The applicant is proposing to install three (3) 6' to 7' high Hoopsi
Spruce trees, three (3) 2 -inch caliper Columnar Hornbeam trees, and three (3) 2 -inch caliper Royal Red
Maple trees.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along West Grey Fox Street.
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, 10% is proposed.
M. TRASH ENCLOSURES: No change
One (1) 330 -square foot trash enclosure is proposed to be located near the northeast corner of the site.
The enclosure is proposed to be constructed of CMU walls with stucco finish and metal gates; all of
which will match the materials and colors used in the construction of the building.
N. MECHANICAL UNITS: No change
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and
none are approved.
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O. OUTDOOR LIGHTING: No change
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 change
No signs are proposed with this application. On November 10, 2016, the Eagle Design Review Board
approved a master sign plan for this multi -tenant retail/restaurant building (DR -62-16).
Q. PUBLIC SERVICES AVAILABLE: N/A
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 - no
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: N/A
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: None
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.8 Due to the high visibility of Chinden Boulevard, special attention shall be given to the design,
configuration and position of the buildings abutting the roadways consistent with Eagle City
Code. The side of any buildings facing the roadways shall be provided with architectural design
elements and architectural relief, as may be approved by the Eagle Design Review Board.
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
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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)(6):
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be compatible
and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment, to provide shadow
relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved
examples for applicants to follow when designing for Eagle architecture.
D. DISCUSSION:
• On November 10, 2016, the Eagle Design Review Board approved a design review application
for a multi -tenant retail/restaurant building with drive-through on this site (DR -61-16). The site,
landscaping, and building are to be constructed as approved with the exception of the trellis that
was proposed on the east side of the building. A stand alone trellis was approved to be
constructed on the east building elevation over the outdoor patio area. The applicant is requesting
approval to have the option to construct the trellis or not. The applicant's justification letter states
the trellis was proposed over the patio area to provide shade but as the building has been
constructed, they believe the patio will be in the shade most of the day; thus, the need for a trellis
for shade is not needed. While the trellis was not attached to the building, it did provide
dimension and architectural relief to the east building elevation. Staff defers comment regarding
the deletion of the trellis to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff defers comment regarding the trellis being
removed to the Design Review Board. If the Design Review Board recommends approval of the
application, staff recommends the application be approved 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 11, 2018,
at which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
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C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 27:14)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board supports the elimination of the trellis if plant material that will reach varying heights at
maturity is planted in the landscape areas on the south and east sides of the patio area.
• The Board affirms a significant piece of architecture is eliminated from the building with the removal
of the trellis on the east building elevation.
• The Board is in favor of the trellis being built if the applicant decides there is a need to provide shade
for the outdoor patio area in the future.
BOARD RECOMMENDATION:
The Board voted 6 to 0 (Koci abstained) to approve DR -61-16 MOD for a design review application to
modify the building elevations of a multi -tenant retail/restaurant building to remove the trellis structure
over the outdoor patio area for Ultimate Seven, LLC, with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added by
the Board and text shown with strike thru to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR -61-16.
2. If the trellis is not required to be constructed, the applicant shall be required to provide a revised
landscape plan providing a greater variety of plant material in the landscape areas that are located east
and south of the outdoor patio area. The revised landscape plan shall include plant material that will
reach varying heights and provide visual interest to this area of the development. The revised
landscape plan shall be reviewed and approved by staff and two ene members of the Design Review
Board prior to the issuance of a final certificate of occupancy.
3. No ground mounted mechanical units are proposed with this application and none are approved.
4. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
5. No signs are proposed with this application and none are approved.
6. If the applicant decides to build the trellis at a future date. a building permit is reauired to be
submitted to the city prior to the trellis being constructed.
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
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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
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.
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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,
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
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approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from 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 -61-16 MOD) 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 a retail/restaurant building with a drive-through 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;
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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 multi -
tenant retail/restaurant 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 will have similar designs that are similar to the commercial properties to the
west of the site 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 similar features utilized on other building within the area and is in
conformance with the Eagle Site and Architecture Design book;
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;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area; and
I. 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 shall not cover or detract from
desirable architectural features.
DATED this 25'h day of January 2018.
DESIGN REVIEW BOARD
OF THE CITY OF EAGhE
Ada County, Jaho
Robert Grubb, Chairman
ATTEST:
n K. Bergmann, Eagle City Clerk
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