Findings - CC - 2018 - DR-29-18 MOD - Dr To Construct A Commercial Entertainment Facitly (Theater) For The Luxe Reel Theatre In Lakemoor Commerical Subd.BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO CONSTRUCT A )
COMMERCIAL ENTERTAINMENT FACILITIY )
(THEATER) FOR THE LUXE REEL THEATRE )
WITHIN LAKEMOOR COMMERCIAL )
SUBDIVISION FOR HAWKINS COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -29-18 MOD
The above -entitled design review application came before the Eagle City Council for their action on
September 11, 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:
Hawkins Companies, represented by Brandon Whallon, is requesting design review approval to
construct a 28,000 -square foot, 657 seat, commercial entertainment facility (theater) for the Luxe Reel
Theatre. The 3.21 -acre site is located on the north side of East Eagles Gate Drive approximately 360 -
feet east of Eagle Road within Lakemoor Commercial Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 5, 2018. Supplemental information was
provided on July 25, 2018, and August 3, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on July 10, 2018, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 28, 1992, the City Council denied an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for Fall Creek Subdivision.
On January 4, 1993, the City Council approved an annexation, rezone, and preliminary plat (A-91/ R2-
91/ PP -91) for a revised version of Fall Creek Subdivision. That preliminary plat approval has since
lapsed.
On July 22, 2003, the City Council approved a Comprehensive Plan Amendment (CPA -4-02) to change
the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two
dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural
Urban Transitional) to MU -DA (Mixed Use with Development Agreement) and a rezone from R-2
(Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement)
for this site for B.W. Eagle, Inc.
On May 10, 2005, the City Council approved the preliminary plat for Lakemoor Subdivision a 178.52 -
acre, 240 -lot (142 -residential, 53 -commercial, 45 -common) subdivision (PP -03-05).
On February 28, 2006, the City Council approved the final plats for Lakemoor Subdivision No. 1 and
Lakemoor Subdivision No. 2 for DMB Investments, Inc. (FP-13-05/FP-14-05).
Page 1 of 14
K:11'lanning Dcpt11?agle ApplicationADt1211181DR-29-18 MOI) Luxe Reel Thcatm ccI docx
On June 19, 2007, the City Council approved a modification to the development agreement for DMB
Investments, LLC, and Eagle Lifestyle Center, LLC, by amending and restating the original
development agreement (recorded as Instrument No. 105048971) (RZ-05-02 MOD).
On December 8, 2008, the City Council approved the final plat for Lakemoor Subdivision No. 3 for
DMB Investments, LLC (FP -04-06).
On December 15, 2009, the City Council approved a two (2) year extension of time for the final plat
for Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2011 (EXT -21-09).
On October 25, 2011, the City Council approved a one (1) year extension of time for the final plat for
Lakemoor Subdivision No. 3 for DMB Investments, LLC. The extension of time is valid until
December 8, 2012 (EXT -08-11).
On February 26, 2013, the City Council approved a development agreement modification to convert
two (2) commercial areas (Areas F and G) to single-family residential, address the setbacks within
Areas F and G, remove a partner (Eagle Lifestyle Center, LLC) from the development agreement, and
allow for an assisted living facility as a permitted use within Area E (RZ-05-02 MOD2).
On February 26, 2013, the City Council approved a preliminary plat modification for a 330 -lot (231
buildable [82 attached, 149 detached], 39 mixed use, 59 common [5 private road], and 1 well lot)
residential subdivision for DMB Investments, LLC (PP -03-05 MOD).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 4 for DMB
Investments, LLC (FP -04-13).
On June 25, 2013, the City Council approved the final plat for Lakemoor Subdivision No. 5 for DMB
Investments, LLC (FP -07-13).
On July 14, 2015, the City Council approved the final plat for Lakemoor Subdivision No. 6 for DMB
Investments, LLC (FP -08-15).
On February 23, 2016, the City Council approved a modification to the development agreement for
William Shultz (RZ-05-02 MOD3).
On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for
Hawkins Companies, LLC (FP -02-16).
On August 9, 2016, the City Council approved a rezone with development agreement, development
agreement modification, (development agreement in lieu of a PUD), and a preliminary plat
modification for a 409 -lot (existing platted 223 residential, 14 commercial, and 21 common [7 private
road]; proposed 117 residential lots [32 attached], 16 commercial lots, 18 common lots [3 private street
lots and 1 utility lot]) for DMB Investments/B.W. Eagle, Inc. (RZ-03-16/RZ-05-02 MOD4 and PP -03-
05 MOD2).
On September 13, 2016, the City Council denied a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
On September 27, 2016, Hawkins Companies requested the City Council reconsider their decision to
deny the development agreement modification (development agreement in lieu of a PUD). The City
Council directed staff to provide public notice for a reconsideration public hearing regarding the
development agreement modification (development agreement in lieu of a PUD) to occur on October
25, 2016 (RZ-05-02 MODS).
On October 25, 2016, the City Council approved a development agreement modification (development
agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS).
On February 9, 2017, the Design Review Board approved a design review application for a multi -tenant
Page 2 of 14
K:1I'lanning Dcpill:agk Applications1Dr12O 181DR-29.18 MOD Luxe Reel Theatre ccLdocx
office building (DR -84-16).
On July 6, 2018, the City approved a design review application for the parking lot for the Luxe Reel
Theatre (DR -29-18).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
Proposed No Change No Change
North of site Mixed Use
South of site
East of site
West of site
Mixed Use
Mixed Use
Mixed Use
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
MU -DA (Mixed Use with a
development agreement in
lieu of a PUD)
LAND USE
Vacant property with
Lakemoor Commercial
Subdivision No. 2
Commercial Entertainment
Facility (Theater)
Multi -tenant Office
Building
Vacant property with
Lakemoor Subdivision No.
8
Vacant property with
Lakemoor Commercial
Subdivision No. 2
Vacant property with
Lakemoor Commercial
Subdivision No. 2
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped.
Page 3 of 14
K:U'lanning Ikpaliagk ApplicationsU)r1211181I)R-29.15 MOD Iuxr Reel Theatre ccrducx
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 3.21 -acres (139,914 -SF) N/A
Percentage of Site Devoted 20% (approximately) 50% (maximum)
to Building Coverage
Percentage of Site Devoted 34% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 219 -parking spaces 219 -parking spaces (minimum)
Front Setback 315 -feet (North) 20 -feet (minimum)
Rear Setback 39 -feet (South) 20 -feet (minimum)
Side Setback 50 -feet (West) 7.5 -feet (minimum)
Side Setback 20 -feet (East) 7.5 -feet (minimum)
J. PARKING ANALYSIS:
Parking for Proposed Commercial Entertainment Facilities (auditoriums, sports arenas, theaters and
similar uses):
Commercial Entertainment Facilities - theaters — 1 for each 3 seats 656 = 3 = 219 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking spaces for each 3 seats
Proposed Parking Spaces: 218
Required Parking Spaces: 219 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Commercial Entertainment Facilities — Auditoriums, sports arenas, theaters and similar
uses")
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 commercial entertainment
facility.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 48' 11" high two-story structure.
Gross Floor Area of Proposed Buildings:
The proposed commercial entertainment facility is approximately 28,000 -square feet.
On and Off -Site Circulation:
A 63,730 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 50 -foot wide shared driveway is located on the southwest corner of the site and one 30 -foot wide
shared driveway is located on the southeast corner of the site. Both driveways provide access to East
Eagle Gate Drive. The site has cross access to the properties to the north, east, and west.
Page 4 of 14
K:\Planning 1kpt11iagk ApplicationslDr\2OI811)R-29-I8 M01) Luxe Reel Theatre cct.docx
L. BUILDING DESIGN FEATURES:
Roof: Standing Seam Metal Roof (Dark Bronze), TPO single play membrane (white)
Walls: Stucco (Albescent) with Dark Bronze Aluminum Screeds, Ground CMU Veneer (White
Limestone), 4" thick Brick Veneer (Charcoal), Nichaiha fiber cement siding (stained finish), Fiber
Cement Lap Siding (Albescent), Fiber Cement Board and Batten (Alexandria)
Windows/Doors: Aluminum storefront (graphite)
Fascia/Trim: Metal coping (dark bronze), Hardie Board paneling (graphite)
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 are proposed along East Eagle Gate Drive.
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.
N. TRASH ENCLOSURES:
One (1) 245 -square foot trash enclosure is proposed to be located south of the building approximately
140 -feet northwest of the eastern driveway on East Eagle Gate Drive. The enclosure is proposed to
be constructed of CMU walls with Fiber Cement Horizontal siding 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 screen walls and the metal roof system. No ground mounted
mechanical units are proposed and none are approved.
P. OUTDOOR LIGHTING:
The electrical plan shows the location of the parking lot 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 is required to be
reviewed and approved prior to any signs being constructed on the building or 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.
T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Page 5 of 14
K:WIanning IkplUiaglc Applicalions\DA20181DR-29-1I MO) Luxe Reel Ttuatrc cct docx
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
Ancteavor (fka Tesoro Logistics NW Pipeline)
City of Eagle Water Department
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Idaho Transportation Department
Republic Services
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 PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.7 The maximum height of commercial buildings shall be 50 -feet; non -habitable architectural
elements shall be a maximum height of 60 -feet. Multiple buildings are permitted to be located on
the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City
Code are not exceeded.
Page 6of 14
h 1Plann,n DeptWagk ApplucaunrIA)621)18\DR-29.ls MC ll) Luer Reel Theatre ...LI dm.e
3.8 All development on Property shall be consistent with the Commercial Design Guidelines (Exhibit
D), attached hereto and incorporated herein by reference.
3.10 Building placement shall be designed such that parking areas are not concentrated between the
buildings and Eagle Road. The parking areas depicted on the Concept Plan depicted on Exhibit
B are not considered to be concentrated between the buildings and Eagle Road. The side of any
buildings facing Eagle Road 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,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and electrical
equipment shall be reviewed and approved by the design review board. All roof mounted
mechanicals shall be completely screened from view through the use of a parapet wall when
utilizing a flat roof design or shall be enclosed within the building when utilizing a roof design
other than a flat roof. "Screened from view" shall mean "not visible" at the same level or
elevation of the parapet wall (e.g., the perspective generally as shown on an elevation plan);
• Eagle City Code Section 8 -2A -7(K)(2)
2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located
adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars
to passing motorists and pedestrians, and to establish coordination among architecturally diverse
buildings, which creates a pleasing, harmonious appearance along the roadway.
Four (4) options are provided for fulfilling this requirement:
a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot,
and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet
of frontage, excluding driveway openings.
b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope)
within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and
plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings.
c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the
right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs
per thirty five (35) linear feet of frontage, excluding driveway openings.
d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete
along with a four foot (4') wide landscaped strip between the right of way and the parking lot,
Page 7 of 14
K:U'lanning I)ept I agic Applicatiuns1Dr1201811)R-29-I8 MOl) Luxe Reel Theatre cet.ducx
and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of
frontage, excluding driveway openings.
(1) The board may waive the requirement for a wood, brick, stone, decorative block or
concrete fence if the board finds the following:
(A) The applicant must design, document, and obtain city approval representing that the
overall planting design, at the time of planting, results in an effective barrier such that the
landscape strip shields the view of parked cars from passing pedestrians and motorists;
and
(B) Any such proposed design alternative is compatible with the overall site design of the
entire project and is compatible with the surrounding area.
• Eagle City Code Section 8-4-4-6: Bicycle Parking:
One bicycle parking space within an approved rack shall be required for each thirty (30) required
automobile parking spaces or fraction thereof for office and commercial developments. Multi-
family residential developments shall provide one bicycle rack space per each ten (10) units.
Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the
parking facility criteria of the "Bicycle -Pedestrian Design Manual For Ada County" as prepared
for the Ada County highway district with the exception that bicycle racks do not have to be covered
unless required by the design review board, or planning and zoning commission or city council.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 28,000 -square foot, 656 seat
Luxe Reel Theatre to be located within The Bridges of Lakemoor (Lakemoor Commercial
Subdivision No. 2). Pursuant to the applicant's justification letter, the building has been designed
to comply with the standard set forth in the development agreement. The building elevations
have a mix of CMU veneer, stucco, lap siding, board and batten siding, windows with horizontal
and vertical mullions, and standing seam metal roof. Staff defers comment regarding the building
design and colors to the Design Review Board.
• A parking area is being proposed on the south side of the theater. The landscape plan, date
stamped by the City on July 5, 2018, shows grass to be planted between the parking lot and East
Eagle Gate Drive. Pursuant to Eagle City Code Section 8 -2A -7(K)(2), a landscape strip shall be
provided when a parking lot is located adjacent to the public right of way. The landscape strip
shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish
coordination among architecturally divers buildings, which creates a pleasing, harmonious
appearance along the roadway. The applicant should be required to provide a revised landscape
plan showing a landscape strip provided between the parking area located south of the theater and
East Eagle Gate Street in compliance with Eagle City Code Section 8 -2A -7(K)(2). 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 footprint of the building does not coordinate between the site, landscape, and floor plans.
The applicant should be required to provide revised site, landscape, and floor plans showing the
footprint of the building coordinate. The plans should coordinate exit doors and sidewalk
connections. The revised site, landscape, and floor plans should be reviewed and approved by
staff and two members of the Design Review Board prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
Page 8 of 14
K:11'lanning Dcptlliagk Applications1Dr120181DR-29-1R MOD Luxe Red Theatre cef.docx
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on August 9, 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.
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 1:45:00)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board affirms the high quality building architecture, materials, and colors proposed for the
commercial entertainment facility. However, the Board would like to see the introduction of warmer
colors and/or materials to the west and south building elevations, similar to the north building elevation.
• Additional trees should be added on the west side of the building to help break up the west building
elevation.
BOARD DECISION:
The Board voted 4 to 0 (Grubb, Schafer, and Koci absent) to recommend approval of DR -29-18 MOD for
a design review application to construct a commercial entertainment facility (theater) for the Luxe Reel
Theatre within Lakemoor Commercial Subdivision for Hawkins Companies, with the following site
specific conditions of approval and standard conditions of approval provided within their findings of fact
and conclusions of law document, dated August 23, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on September 11, 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 -29-18 MOD for a design review application for a commercial
entertainment facility (theater) for the Luxe Reel Theatre within Lakemoor Commercial Subdivision for
Hawkins Companies, with the following Design Review Board recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-05-02 and all subsequent modifications.
2. Provide a revised landscape plan showing a landscape strip provided between the parking area located
south of the theater and East Eagle Gate Street in compliance with Eagle City Code Section 8 -2A -
7(K)(2). 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 revised site, landscape, and floor plans showing the footprint of the building coordinate. The
plans shall coordinate exit doors and sidewalk connections. The revised site, landscape, and floor
plans shall be reviewed and approved by staff and two members of the Design Review Board prior to
the issuance of a zoning certificate.
4. All roof top mechanical units, hoods, vents, access ladders, etc. shall be completely screened from
Page 9 of 14
K:1Planning D ptlliaglc Applications DA2o181DR-29.18 MOO Luxe Rcc1 Theatre ccl.docx
view by the parapet walls and roof.
5. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
6. 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.
7. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
8. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
9. No ground mounted mechanical units are proposed with this application and none are approved.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application and none are approved.
12. Provide information (i.e.: details, specifications, cutsheets, etc.) of the marque element proposed on
the north building elevation. The information provided shall include the color temperature of the
lighting. The marque elements and lighting shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
13. Provide revised south and west building elevation plans showing additional warming materials (i.e.:
woodgrain material or other). The revised elevations shall be reviewed and approved by staff and two
members of the Design Review Board prior to the issuance of a zoning certificate.
14. Provide documentation from the Building Department that the number of handicap parking spaces
required for the commercial entertainment facility is appropriate for this use. The documentation
shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
15. Provide a revised landscape plan showing the Graham Blandy English Boxwood shrubs proposed
around the trash enclosure to be a minimum of 5 gallon at the time of planting. The revised landscape
plan shall show an additional three trees to be planted on the west side of the building. 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.
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.
Page 10 of 14
K:Manning Deptlliagle Applicatioaa1Dr120181DR-29-18 MOO) Luxe Red Theatre ccf.docx
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.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
Page 11 of 14
K:I'lanning Dept\Eagle Applications I)A2DIRIDR-29•IK Mol) Luxe RceITheatre ecLJucx
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
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
Page 12 of 14
K:11'launing I) ptll3agle ApplicationxU)r120181DR-29-Ix !•1O1) Luxe Reel Theatre cddocx
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 Council reviewed the particular facts and circumstances of this proposed design review application
(DR -29-18 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 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 commercial entertainment (theater) is permitted with the approval of a
design review application within the MU -DA (Mixed Use with a development agreement in lieu of
a PUD) 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 commercial entertainment (theater) is
designed to complement the 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
commercial entertainment (theater) facility;
Page 13 of 14
K:U'lanning 1)cptUiagle Applications Di\2O18\DR-29-18 MOD Luxe Reel Theatre ecLdoex
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
building has been designed with quality materials and has been designed to 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 is in conformance with the development agreement;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the building is in conformance with the required setbacks and height
restrictions permitted within the development agreement;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since there are pathways
throughout the development and the parking lot has been designed with connectivity to the public
streets;
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 nor detract from
desirable architectural features.
DATED this 11th day of September 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
MrraYeaur
ATTEST:
u
d Pre) -re tM
Sharon K. Bergmann, Eagle City Clark
Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code. to request a reconsideration within
fourteen (1 4) days of the final written decision.
Page 14 of 14
KAI'l, ening I) pi\I'egle Applk,uion.\I)r1?(il K\IDR-2)-1K \10I) 1 WIC keel Theatre ccl.dncx