Findings - CC - 2018 - DR-08-18 - Restaurant With Drive Thru Within Stillwater Subdivision No. 1BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A RESTAURANT )
WITH DRIVE-THROUGH WITHIN )
STILLWATER SUBDIVISION NO. 1 FOR )
STEVE AND MARRY ANN ADAMSON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -08-18
The above -entitled design review application came before the Eagle City Council for their action on May
8, 2018. 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:
Steve and Marry Ann Adamson, represented by Adam Garcia with Houston-Bugatsch Architects,
CHTD, is requesting design review approval to construct an 846 -square foot restaurant with drive-
through for Dutch Bros. The 0.53 -acre site is generally located on the southwest corner of West State
Street and State Highway 44 at 2505 West State Street within Stillwater Subdivision No. 1 (Lot 3,
Block 6).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 8, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on March 19, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 26, 2008, the City Council approved a comprehensive plan map and text amendment to
change the land use designation on the Comprehensive Plan Land Use Map from Residential One (up
to one (1) unit per acre) and Residential Two (up to two (2) units per acre) to Business Park, and to
establish a new planning sub -area within the Land Use Chapter of the plan (CPA -02-08).
On February 10, 2009, the City Council approved an annexation and rezone with development
agreement and preliminary plat for Stillwater Business Park for Tri Cedars Management, LLC (A-07-
07/RZ-09-07 and PP -11-07).
On September 22, 2009, the City Council approved a development agreement modification to allow
one (1) lot to be developed using an approved septic system. The modification also allowed the
proposed Stillwater Business Park to be served by a temporary access from State Highway 44 until
such time the realignment of Ballantyne Road was completed (RZ-09-07 MOD).
On September 22, 2009, the City Council approved a preliminary plat modification in regard to the
future phases of the development associated with the property owned by the Eagle Sewer District and
the timing of eliminating the temporary access providing access to the development from State
Highway 44 (PP -11-07 MOD).
On October 13, 2013, the Stillwater Business Park Subdivision preliminary plat expired (PP -11-07
Page 1 of 16
K:U'lanning Dept\Eagle ApphcationADr\2OI K\DR-O8-18 Dutch Bros to Stillwater cct:docx
MOD).
On January 12, 2016, the City Council approved a Comprehensive Plan Text Amendment and Map
Amendment, a rezone with a development agreement, and preliminary plat for Stillwater Subdivision
(CPA-04-15/RZ-07-15 and PP -04-15).
On March 24, 2016, the Design Review Board approved the common area landscaping within Stillwater
Subdivision (DR -11-16).
On January 10, 2017, the City Council approved a preliminary plat extension of time for the preliminary
plat of Stillwater Subdivision to be valid until January 12, 2018 (EXT -11-16).
On August 8, 2017, the City Council approved the final plat for Stillwater Subdivision No. 1 (FP -08-
17).
On January 23, 2018, the City Council approved a modification to the final plat for Stillwater
Subdivision No. 1 (FP -08-17 MOD).
On February 15, 2018, the City approved a modification to the common area landscaping and entrance
to Stillwater Subdivision (DR -11-16 MOD).
E. COMPANION APPLICATIONS: DR -09-18 (Dutch Bros signage)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU -DA (Mixed Use with a Stillwater Business Park
development agreement) Subdivision
Proposed No Change No Change No Change
North of site Neighborhood R -2 -DA -P (Residential with a State Highway
Residential, Transition development agreement - 44/Countryside Estates
Overlay PUD) Subdivision No. 3
South of site Industrial PS -DA (Public/Semi-public Eagle Sewer District
with a development
agreement)
East of site Industrial PS -DA (Public/Semi-public Eagle Sewer District
with a development
agreement)
West of site Mixed Use A -R (Agricultural -Rural) Single-family residential
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
Page 2 of 16
K:U'lanning Depi t agle Apphcations\Dr\201g\DR-O$-l8 Dutch Bros in Sulhsatcr ccLdocx
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.53 -acres (23,086 -square feet) 5,000 -square feet (minimum)
Percentage of Site Devoted 4% (approximately) 100% (maximum)*
to Building Coverage
Percentage of Site Devoted 22% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 15 -parking spaces, plus queue space for 5 -parking spaces, plus queue
14 cars for drive ups service space for 5 cars for drive up
service (minimum)
Front Setback 135 -feet (South) 0 -feet (minimum)*
Rear Setback 28 -feet (North) 0 -feet (minimum)*
Side Setback 50 -feet (East) 0 -feet (minimum)*
Side Setback 31 -feet (West) 0 -feet (minimum)*
*Note: Building coverage and setbacks approved through the Stillwater Subdivision development agreement (RZ-05-15).
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Building: 846 -square feet
Restaurant with drive-through — 1/200 -square feet; plus, queue space for 5 cars for drive up service
846/200 -square feet = 4.23 parking spaces + queue space for 5 cars for drive up service
• Eagle City Code Section 8-4-5 requires 1 parking space per 200 -square feet of gross floor area, plus
queue for 5 cars for drive up service for a restaurant with drive-through:
Proposed Parking Spaces: 15, plus queue space for 14 cars for drive ups service
Required Parking Spaces: 5, plus queue space for 5 cars (calculated based upon the above use identified
in Eagle City Code Section 8-4-5: "Restaurant with drive-through")
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a restaurant with drive-through
with an attached canopy.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-four foot (24') high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed restaurant with drive-through is approximately 846 -square feet.
On and Off -Site Circulation:
A 4,320 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 12 -foot wide driveway is located south of the site which provides access to the site. One 26 -foot
wide driveway is located southwest of the site that provides access to East Old Valley Street. One 12 -
Page 3 of 16
K:U'lannntg Depaagle Apphcauont,Or12i118\DR-1.18-18 Dutch Bros in Stillwater cc docx
foot wide drive aisle provides access to the drive-through.
L. BUILDING DESIGN FEATURES:
Roof: Single ply membrane (white)
Walls: ICap insulstone insulated porcelain panel (weathered Barnwood — HBO4, Prime Matte Prata),
MBCI Masterline 16 vertical panel (Dutch Bros blue), wide flange steel column (Dutch Bros blue)
Windows/Doors: Vinyl frames/double pane/tempered glass/hollow metal insulated steel (windows —
white, doors grey)
Fascia/Trim: Pre -finished metal (Dutch Bros blue)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees along State Highway 44 and South Pikes Peak Avenue were previously
approved (DR -11-16 and DR -11-16 MOD).
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: 5% interior landscaping is required, 6% is proposed.
N. TRASH ENCLOSURES:
One (1) 233 -square foot trash enclosure is proposed to be located near the southwest corner of the
parking lot. The enclosure is proposed to be constructed of CMU walls and metal gates; all of which
will match the materials and colors used in the construction of the building.
O. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
P. OUTDOOR LIGHTING:
The electrical site plan shows the location of site and building lighting. Detailed cut sheets of the
proposed lighting have been provided.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -09-18) has
been submitted for the approval of signs proposed on this building and on the site.
R. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
S. PUBLIC USES PROPOSED: None.
Page 4 of 16
K:U'lanning Dept\Gaglc Applications\DrUo18U)R-08-18 Dutch Bros in Stillwater ccldocx
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
U. 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
V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
W. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report:
Ada County Highway District
Andeavor (fka Tesoro Logistics NW Pipeline)
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Idaho Transportation Department
X. 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 November 15, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
B. DEVELOPMENT AGREEMENT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
3.5 The setbacks shall be as follows (Product Type Exhibit I):
Flex/Commercial/Office/Residential Condo Area
Zero lot line setbacks are requested for the commercial portion of this project.
Maximum Lot Coverage 100% (Commercial) / 75% (Flex Lot)
Page 5 of 16
K:U'lanntng DcpIJaglc Applications\DAN 1MR-O8-I8 Duca Stillwaterc
3.6 The proposed building height of the commercial/condo and live/work units shall not exceed 42 -
feet in height as shown on the submitted building elevation (Exhibit F).
3.7 The Commercial and Flex Lot area of the Property as depicted on the Concept Plan is to be
developed with a combination of any office and commercial uses allowed within Eagle City
Code Section 8-2-3 "Official Schedule of District Regulations" under the MU zoning
designation (except as permitted in Section 3.8, below.) The Commercial and Flex area shall be
limited to a maximum of 125,000 -square feet of enclosed area (i.e., enclosed with walls and
root). No commercial building footprint shall exceed 13,000 -square feet of enclosed area (i.e.,
enclosed with walls and roof).
3.8 In addition to (Automotive Gas Station or Fuel Islands) and Restaurants (with drive through)
use (shown on the Flex Lot) and Lot 6, Block 2 as shown on the preliminary plat for Stillwater
Subdivision date stamped by the City on December 8, 2018, which is prohibited within said
section of Eagle City Code and on the entire Property, as noted above shall be permitted.
3.8.1 If a building with a drive-through use is approved Owner shall provide a minimum forty-
eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall) between the drive-through lanes and the adjacent
roadway to reduce the impact of the vehicles utilizing the drive-through lanes (i.e. vehicle
headlights and vehicle cueing).
3.9 The "Flex" area as identified on the Concept Plan may be permitted to contain a Convenience
Store with Fuel Station, Coffee Shop (with drive-through) and an Automotive Washing Facility
with the following minimum conditions to be included in the approval:
3.9.1 The convenience store associated with the fuel station shall be orientated with the rear of
the building located parallel to State Highway 44 to provide screening of the fuel canopy
from view from State Highway 44.
3.9.2 The fuel canopy shall be architecturally compatible with the commercial buildings
located within the development. The proposed architecture of the fuel canopy shall be
reviewed and approved by the Design Review Board prior to issuance of a Zoning
Certificate.
3.9.3 The fuel canopy or signage contained with the fuel canopy shall not be internally
illuminated.
3.9.4 Any vacuum united associated with an Automotive Washing Facility shall be screened
from view and shall be located adjacent to any residential unit.
3.13 The development shall incorporate public art, water features, or other features of interest and
pedestrian amenities which encourage pedestrian use (e.e.: outdoor drinking fountains, benches,
tables, etc.). The amenities shall be reviewed and approved by the Design Review Board prior
to the issuance of a Zoning Certificate.
3.14 The single-family dwellings shall be constructed utilizing "Northwestern" style architecture as
shown on Exhibit D. The commercial/retail buildings, live/work residential units, townhouses,
and pool house shall be constructed utilizing "Northwester" style architecture as shown on
Exhibit E. Eagle Design Review Board approval of the detailed architectural plans for the
development is required prior to the issuance of building permits for commercial/retail
buildings, live/work residential units, townhouses, pool house, pumphouse for irrigation, and
gazebos.
To assure compliance with this condition, the applicant shall create an Architectural Control
Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be
Page 6 of 16
K:U'lanning Dept\lagle Applications\Dr\2018\DR-08-18 Dutch Bros in Stillwater cct:doce
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each building within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit application that does not meet the design
requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council.
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(B)(1): Exterior walls and soffits:
k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a
silicon polyester finish or equivalent, and shall include special design treatments to enhance
its appearance. These treatments may include brick or masonry wainscot treatments along
exterior walls and accent colored metals.
Metal siding is prohibited on any building facing a road. This includes sections within the
front facade that may be perpendicular to the road but within the face of the building oriented
toward the road.
A waiver of this subsection Blk on metal siding may be allowed where the applicant shows
that the metal is architecturally compatible with surrounding buildings; is architecturally
compatible with other nonmetal buildings in the city; and is attractively landscape, designed,
and situated, to eliminate the stark utilitarian look intended to be prevents by this subsection.
• Eagle City Code Section 8 -2A -7(J)(2): Buffer Areas/Common Lots: Minimum Requirements:
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscape buffer is required.
• Eagle City Code Section 8 -2A -7(K): Parking Lot Landscaping:
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This
requirement does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property
lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of perimeter.
4. Parking Lot Interior Landscaping:
Page 7 of 16
K:U'lanning DepIGagle ApphcattonstDri2t111ADR-08-18 Dutch Bros in Stillwater cclidocx
b. Additional Requirements:
(1) No interior planter shall be less than five feet (5') in any dimension.
(2) No parking space shall be more than sixty feet (60') from an interior landscaped area.
(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 -2A -7(L): Landscape Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles, screen unsightly views, establish a
pleasing view for motorists, and create a safe and pleasant corridor for pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree
and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or
two (2) evergreen trees may be substituted for one shade tree.
D. DISCUSSION:
• The landscape plan shows a six foot (6') wide landscape area along the west side of the drive-
through to be planted with Winter Gem Boxwood shrubs. Development agreement condition of
approval 3.8.1 requires a building with a drive-through use to provide a minimum forty-eight inch
(48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed
concrete wall) between the drive-through lanes and the adjacent roadway to reduce the impact of
vehicles utilizing the drive-through lanes. The use of Winter Gem Boxwood shrubs does not meet
the requirement for condition of approval 3.8.1. The applicant should be required to provide a
revised landscape plan showing a minimum forty-eight inch (48") buffer (berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall) between the drive-
through lanes and the adjacent roadway. The revised landscape plan should be reviewed and
approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
• The building elevation plans show metal siding on all four elevations. Eagle City Code Section 8-
2A-6(B)(k) states that metal siding is prohibited on the portion of any building facing a road. It
further states a waiver of section B 1 k on metal siding may be allowed if the metal is
architecturally compatible with surrounding buildings, is architecturally compatible with other
nonmetal buildings in the city, and is attractively landscaped, design, and situated to eliminate the
stark utilitarian look intended to be prevented by this subsection. Staff defers comment regarding
the metal siding on the portions of the building facing a roadway to the Design Review Board.
• The landscape plan shows shrubs adjacent to the trash enclosure. The symbol shown is identified
as two different shrubs/annuals. The symbol is used for Blue Arrow Juniper (5'-6' tall) and
Butterfly Milkweed (2' tall). Eagle City Code Section 8-2A-7(J)(2)(c) states that to conceal trash
receptacles a five foot (5') wide by six foot (6') high landscape buffer is required. The applicant
should be required to provide a revised landscape plan identifying shrubs adjacent to the trash
enclosure that will reach a height of six feet (6'). The revised landscape plan should be reviewed
and approved by staff and one member of the Design Review Board prior to the issuance of a
zoning certificate.
• The landscape plan shows the trash enclosure located at the southeast end of the parking lot. The
Page 8 of 16
K:\Planning DepN'.aglo Applications1Df.2uI81DR-D8-I8 Dutch Bros in Stillwater ccf.docx
trash enclosure doors open west toward the drive aisle where cars will be driving into the site to
park. The site is accessed from a right -in only drive aisle off of South Pikes Peak Avenue and
cars will be drive from the east side of the site and will not have visibility on whether the trash
enclosure doors are opened or closed. Due to this reason, staff is concerned with the proposed
location of the trash enclosure. The applicant should be required to provide a revised site and
landscape plan showing the trash enclosure relocated to allow for driver visibility on the doors
when accessing the parking lot. The revised site and landscape plans 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 plan show a terminal island on the southeast corner of the site at thirteen
feet (13') in length. The adjacent parking spaces are eighteen feet (18') in length. The applicant
should be required to provide a revised landscape plan showing the terminal island on the
southeast corner of the parking lot to be a minimum of 18 -feet in length. The revised landscape
plan should be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
• The landscape plan shows a three foot (3') wide perimeter landscape strip between the west
property line and the drive-through drive aisle/parking lot. Eagle City Code Section 8 -2A -7(K)(3)
requires that a minimum five foot (5') wide perimeter landscaped strip be located between the
property line and parking lot. The applicant should be required to provide a revised landscape
plan showing the perimeter landscape strip between the west property line and the drive-through
drive aisle/parking lot to be a minimum of five feet (5') wide. The revised landscape plan should
be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
• The landscape plan shows two (2) terminal islands located on the southwest and southeast comers
of the parking lot. The interior landscaping percentage requirement has been met; however, there
are parking spaces that are sixty-three feet (63') from an interior landscape area. Eagle City Code
8 -2A -7(K)(4) states that no parking space shall be more than sixty feet (60') from an interior
landscaped area. The applicant should be required to provide a revised landscape plan showing
the addition of an interior landscaped area to ensure all parking spaces are within sixty feet (60')
from an interior landscape area. The revise landscape plan 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 and landscape plan show a patio area south of the building but no cutsheets for benches,
tables, etc. were submitted. The applicant should be required to provide detailed cutsheets of all
benches, tables, etc. to be utilized outside showing the size, style, color, etc. The detailed
cutsheets 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 and landscape plans show the south property line of this site dividing the drive aisle
located on the shared property line of this property and the properties to the south and west. The
plans also do not show full ingress/egress for the site within the development. The applicant
should be required to provide a revised site and landscape plan showing the drive aisle located on
the shared property line of this property and properties to the south and west to be constructed to
a full twenty-four feet (24') in width on the share property line, including egress to East Old
Valley Street. The applicant should be required to provide a letter from the property owner(s) to
the south and west approving a portion of the twenty-four foot (24') wide drive aisle to be
constructed on their properties, including egress to East Old Valley Street. The revised site and
landscape plans and letter(s) should be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
• Ingress and egress to the site will require a cross access agreement with the adjacent property
Page 9 of 16
K:Wlanning Dept\Eagle Applications\Dr\20I8 DR 1,8 18 Dutch Bros to Stillwater c f docx
owners. The applicant should be required to provide a cross access agreement with the adjacent
property owners for ingress/egress to the site. The cross -access agreement should be reviewed
and approved by staff and should be recorded in the Ada County Recorder's Office prior to the
issuance of a zoning certificate.
• Staff defers comment regarding building design and colors 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 April 12, 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).
BOARD DELIBERATION: (Granicus time 28:52)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board has determined that the architecture of the building complies with the "Northwestern"
architectural style approved within the development agreement.
• The Board is in favor of the use of metal siding as an architectural accent on all building elevations
including the north and east elevations that face a street. The metal siding includes concealed fasteners
and is a high-quality material. The applicant provided a color sample of the proposed metal siding
material at the April 10, 2018, Design Review Board meeting. The Board stated that the blue metal
siding color sample provided was too bright and recommended either a reduction in the use of the metal
siding, or for the applicant to utilize a darker blue color that was identified on the building elevations,
date stamped by the City on March 8, 2018.
BOARD DECISION:
The Board voted 7 to 0 to recommend approval of DR -08-18 for a design review application for a design
review application for a restaurant with drive-through for Dutch Bros within Stillwater Subdivision No. 1
for Steve and Marry Ann Adamson, with the site specific conditions of approval and standard conditions
of approval provided within their findings of fact and conclusions of law document, dated April 26, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on May 8, 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 approve DR -08-18 for a design review application for a restaurant with drive-
through for Dutch Bros within Stillwater Subdivision No. 1 for Steve and Marry Ann Adamson, with the
following Design Review Board recommended site specific conditions of approval and standard
conditions of approval.
Page 10 of 16
K:U'lanning Dept \Eagle Applications\Dr\2018\DR-O8-l8 Dutch Bros in Sullwater cct:docx
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-07-15, DR -11-16, and DR -11-16 MOD.
2. Provide a revised landscape plan showing a minimum forty-eight inch (48") buffer (berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall) between the drive-
through lanes and the adjacent roadway. The revised landscape plan shall be reviewed and approved
by staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
3. Provide a revised landscape plan identifying shrubs adjacent to the trash enclosure that will reach a
height of six feet (6'). The revised landscape plan shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
4. Provide a revised site and landscape plan showing the trash enclosure relocated to allow for driver
visibility on the doors when accessing the parking lot. The revised site and landscape plans shall be
reviewed and approved by staff and two members of the Design Review Board prior to the issuance
of a zoning certificate.
5. Provide a revised landscape plan showing the terminal island on the southeast corner of the parking
lot to be a minimum of 18 -feet in length. The revised landscape plan shall be reviewed and approved
by staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
The revised landscape plan shall be reviewed and approved by staff and two members of the Design
Review Board prior to the issuance of a zoning certificate.
6. Provide a revised landscape plan showing the perimeter landscape strip between the west property
line and the drive-through drive aisle/parking lot to be a minimum of five feet (5') wide. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
7. Provide a revised landscape plan showing the addition of an interior landscaped area to ensure all
parking spaces are within sixty feet (60') from an interior landscape area. The revise landscape plan
shall be reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
8. Provide detailed cutsheets of all benches, tables, etc. to be utilized outside showing the size, style,
color, etc. The detailed cutsheets shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
9. Provide a revised site and landscape plan showing the drive aisle located on the shared property line
of this property and properties to the south and west to be constructed to a full twenty-four feet (24')
in width on the share property line, including egress to East Old Valley Street. Provide a letter from
the property owner(s) to the south and west approving a portion of the twenty-four foot (24') wide
drive aisle to be constructed on their properties, including egress to East Old Valley Street. The
revised site and landscape plans and letter(s) shall be reviewed and approved by staff and one
member of the Design Review Board prior to the issuance of a zoning certificate.
10. Provide a cross access agreement with the adjacent property owners for ingress/egress to the site. The
cross -access agreement shall be reviewed and approved by staff and shall be recorded in the Ada
County Recorder's Office prior to the issuance of a zoning certificate.
11. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
12. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City,
whichever occurs first.
Page 11 of 16
K:\I'lannmg DcptlLagk Applications\DA2018\DR-ll8-IR Dutch Bros in Stillwater cet:docx
13. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
14. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
15. No ground mounted mechanical units are proposed with this application and none are approved.
16. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
17. No signs are proposed with this application and none are approved.
18. Provide correspondence from Republic Services approving the proposed location of the trash
enclosure. The correspondence shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
19. Provide revised building elevations showing a reduced amount of the blue metal siding or provide a
color sample of the proposed metal siding that matches the metal siding shown on the building
elevations (i.e. darker blue), date stamped by the City on March 8, 2018. The revised building
elevations and/or blue color sample of the proposed metal siding shall be reviewed and approved by
staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
Page 12 of 16
K:\Planning Dept\Gagle Applications\Dr\20I8\DR-OR-IR Dutch Bros in Stillwater cadocx
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
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."
Page 13 of 16
K:\I'Iannmg lhplU aglk• Applications\DA2018\DR•,,8 18 Dub. h Bros in Sulhsatcr ci.1 J� x
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.
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
Page 14 of 16
K:U'lanning Dept\1iagle Appltcations\Dr\2+318\DR•118-I8 Dutch Bros in Stillwater cRdocx
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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR -08-18) 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 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 a restaurant with drive-through is permitted within the Stillwater
development agreement and with the approval of a design review application;
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 building is designed to complement the
Stillwater development and general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a
restaurant with drive-through;
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 design with quality materials and is consistent with the "Northwestern"
architectural style identified within the Stillwater development agreement;
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
restaurant with drive-through has been designed in accordance with the Stillwater 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 restaurant with drive-through 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;
Page 15 of 16
K:U'lannmg Dcpt'Lat4• Applications\Dr\201R\DR-O8-IR Dutch Bros to Stillwater cct.docx
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 and commercial area; and
I. No signs are proposed with this application. A separate design review application (DR -09-18) has
been submitted for the building and the signs will be required to be harmonious with the
architectural design of the building and will not cover or detract from desirable architectural
features.
3. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code Section 8-2A-6(B)(1)(k), "Exterior walls and soffits: Metal" and has concluded that
the proposed design review:
A. The Council is in favor of the use of metal siding as an architectural accent. The metal siding
includes concealed fasteners and is a high-quality material. The use of the proposed metal siding
on the street facing facades will provide an appropriate street view as conditioned herein.
DATED this 8th day of May 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
72
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Cit Clerk
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.
Page 16 of 16
K:\Planning Dept\Eagle Applications\Dr\2018\DR-08-18 Dutch Bros in Stillwater ccddocx