Findings - CC - 2018 - DR-61-16 MOD - Modify The Building Elevations Of A Multi-Tenant Retail/Restaurant BuildingBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO MODIFY THE
BUILDING ELEVATIONS OF A MULTI -
TENANT RETAIL/RESTAURANT BUILDING
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 City Council for their consideration
on February 13, 2018. The Council continued the item to February 27, 2018, at which time their decision
was made. The Eagle City Council 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
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signage for Reynard Subdivision (DR -15-13).
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 ZONING
DESIGNATION 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
Mixed Use Highway District with
Development Agreement)
Mixed Use
No change
Mixed Use
Meridian AOI
Mixed Use
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 2.01 -acres (90,909 -square feet)
Percentage of Site Devoted 10% (approximately)
to Building Coverage
Percentage of Site Devoted 50% (approximately)
to Landscaping
Number of Parking Spaces 72 -parking spaces
Front Setback
Rear Setback
Side Setback
91 -feet (North)
47 -feet (South)
81 -feet (West)
Side Setback 92 -feet (East)
*Note: Parking required based on 9,502 -square feet being restaurant.
J. GENERAL SITE DESIGN FEATURES: No change
Number and Uses of Proposed Buildings:
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)
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 CONDITIONS OF DEVELOPMENT 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
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
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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 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 11, 2018,
at which time the Board made their recommendation.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
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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 DECISION:
The Board voted 6 to 0 (Koci abstained) to recommend approval of DR -61-16 MOD for a design review
application to modify the building elevations for a multi -tenant retail/restaurant building to remove the
trellis structure over the outdoor patio area for Ultimate Seven, LLC, with the site specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of
law document, dated January 25, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on February 13, 2018. The
Council continued the item to February 27, 2018, at which time the Council made their decision.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to deny 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. See items 2B, 2D, and 2E under conclusions of law for explanation of the
decision.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the 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 affirms (with the inclusion of the trellis on the east side of the building), the design of the
building and trellis meet the design requirements set forth in Eagle City Code Section 8 -2A -6(A).
2. The Council 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 subdivision landscaping 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 proposed trellis 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
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uses as anticipated within the zoning district since the site meets the required parking for retail and
restaurant uses and the drive aisles have been design 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 trellis has been designed with quality materials and similar features utilized on the
existing retail/restaurant building 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
trellis has similar features utilized on the existing retail/restaurant building and is in conformance
with the Eagle Architecture and Site 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 trellis 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 residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover or detract from
desirable architectural features.
DATED this 13th day of March 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle CityJClerk
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the final written decision.
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