Findings - DR - 2018 - DR-44-18 - Dr For A Restaurant In Eagle River DevelomentBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A RESTAURANT )
WITHIN EAGLE RIVER DEVELOMENT )
FOR EAGLE RIVER, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -44-18
The above -entitled design review application came before the Eagle Design Review Board for their action
on September 27, 2018. The Design Review Board having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle River, LLC, represented by Tamara Thompson with The Land Group, Inc., is requesting design
review approval to construct a 6,000 -square foot restaurant. The 1.13 -acre site is located on the north
side of East Riverside approximately 500 -feet west of South Palmetto Avenue at 676 East Riverside
Drive within Eagle River Development (Lot 17, Block 3, Mixed Use Subdivision No. 5).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 16, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on August 20, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development
agreement (including a concept plan) for this site.
On April 10, 2011, the Eagle City Council approved a design review application for the common area
landscaping within Phase I of Eagle River Development (DR -70-00).
On April 24, 2001, the Eagle City Council approved a preliminary plat, Mixed Use Subdivision No. 1
(PP -14-00) for this site.
On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision No. 1 (FP -13-
01) for this site.
On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat, Mixed
Use Subdivision No. 2 (PP/FP-1-01) for this site.
On July 9, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed Use
Subdivision No. 3 (PP/FP-3-02) for this site.
On December 17, 2002, the Eagle City Council approved a combined preliminary and final plat, Mixed
Use Subdivision No. 4 (PP/FP-4-02) for this site.
On December 16, 2003, the Eagle City Council approved a final plat, Mixed Use Subdivision No. 5
(FP -12-03) for this site.
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On August 8, 2017, the Lot Line Adjustment to adjust the original lot lines between Lots 14-18, Block
3, Mixed Use Subdivision No. 5 (ROS 11086), was approved by the Zoning Administrator (LLA -12-
17).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Mixed Use
No Change
Downtown
South of site Mixed Use
East of site
West of site
Downtown
Downtown
ZONING
DESIGNATION
MU -DA (Mixed Use with a
development agreement)
No Change
CBD (Central Business
District)
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with a
development agreement)
LAND USE
Vacant lot within Eagle
River Development
Restaurant
State Highway 44/Vacant
parcel
East Riverside Drive
Proposed Homewood
Suites Hotel building
Vacant lot
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing landscape berm with extensive
landscaping and a 10' wide asphalt pathway along State Highway 44 and there are street trees along
East Riverside Drive.
I. SITE DATA:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
Front Setback
Rear Setback
Side Setback
Side Setback
PROPOSED
1.13 -acres (49,298 -SF)
12% (approximately)
46% (approximately)
56 -parking spaces
30 -feet (South)
108.5 -feet (North)
7.5 -feet (West)
83 -feet (East)
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REQUIRED
5,000 -square feet
50% (maximum)
10% (minimum)
40 -parking spaces (minimum)
20 -feet (minimum)
20 -feet (minimum)
7.5 -feet (minimum)
7.5 -feet (minimum)
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Restaurant: 6,000 -square feet
Restaurant, dining rooms. taverns, nightclubs. etc. — 1 per 150 square feet of gross floor area; plus 1
per 35 square feet dance floor = 40 -parking spaces
• Eagle City Code Section 8-4-5 requires 1 per 150 square feet of gross floor area; plus 1 per 35 square
feet dance floor:
Proposed Parking Spaces: 56
Required Parking Spaces: 40
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.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 24 -foot high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed restaurant is approximately 6,000 -square feet.
On and Off -Site Circulation:
A 20,302 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 30 -foot wide shared driveway is located on the east property line and shared with the property to
the east of this site providing access to East Riverside Drive.
L. BUILDING DESIGN FEATURES:
Roof: TPO (white)
Walls: Stucco (Gray and Brown), Stone (Country Ledgestone)
Windows/Doors: Aluminum (Dark Bronze)
Fascia/Trim: Metal (Dark Bronze)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees along State Highway
44 and East Riverside Drive.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees exist along East Riverside 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, 11% is proposed.
N. TRASH ENCLOSURES:
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One (1) 350 -square foot trash enclosure is proposed to be located near the southern driveway on East
State Street. 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 the parapet walls. No ground mounted mechanical units are proposed
and none are approved.
P. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application is required to be
reviewed and approved by the City prior to any signs being constructed on this 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
U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes — The site is located within the 1% floodplain area as identified on the Flood
Insurance Rate Map (FIRM) Panel #s 16001 C 153H and 16001C0154H.
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)
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
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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, designates this site as the following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this land
use designation should be required to proceed through the PUD and/or Development Agreement
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2.5 All development within the Property shall be consistent with the Site Design Guidelines
("Design Guidelines") attached hereto as Exhibit D and generally consistent with the
Conceptual Plans attached hereto as Exhibit E. The Conceptual Plans attached hereto
describe the general nature and relative location of certain elements for the Property. The
intent of this Agreement is to allow sufficient flexibility (with approval of the City) at the
time of detailed planning and platting while still maintaining the general intent of the
Conceptual Plans with the requirements set forth in this Development Agreement.
3.2.12 Building placement shall be designed such that parking areas are not concentrated between
the buildings and Eagle Road and between the buildings and State Highway 44. The side of
any buildings facing Eagle Road and/or State Highway 44 shall be provided with
architectural design elements and architectural relief.
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 -7(K)(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.
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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.
• Eagle City Code Section 8-2A-7(K)(4)(b)
(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 8-4-4-2(F): Off Street Parking Design And Dimension Tables:
STANDARD VEHICLES
Parking angle 90°
Width of parking space 9 feet
Curb length per space 9 feet
Length of parking space
(measurement to be perpendicular from the curb or front of space if no curb is 19 feet
provided)
Width of driveway aisle 24 feet
COMPACT VEHICLES
Parking angle 90°
Width of parking space 8 feet
Curb length per space 8 feet
Length of parking space
(measurement to be perpendicular from the curb or front of space if no curb is 15 feet
provided)
Width of driveway aisle 22 feet
• 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
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council.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 6,000 -square foot restaurant
facility within Eagle River Development between State Highway 44 and East Riverside Drive just
west of the proposed Homewood Suites Hotel. Pursuant to the applicant's justification letter,
high quality materials are proposed to be utilized on the single -story restaurant facility comprised
of stucco and stone walls in earth tone colors and wood accents. Flat projecting roof planes,
patterned glass with dark aluminum mullions, and decorative steel railings provide architectural
intensity and character in harmony with existing and proposed development in the vicinity. This
project is located within a development that has a development agreement with design standards
that were approved by the City Council prior to the Eagle Architecture and Site Design Book.
Staff defers comment regarding the architectural style, materials, and color to the Design Review
Board.
• The landscape plan. date stamped by the City on August 16, 2018, does not show any landscaping
proposed at the western end of the parking area located north of the building. Pursuant to Eagle
City Code Section 8 -2A -7(K)(3) and (4)(b), a five foot wide landscape strip is required between
property lines and the parking lot as well as no parking space shall be more that 60 -feet from an
interior landscaped area. The applicant should be required to provide a landscape island at the
western property line of the parking spaces located north of the building. 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.
• There are three parking spaces located near the eastern property line (clouded in the picture
below) that the length of the parking spaces exceed the length of the adjacent landscape island.
The applicant should provide a revised site and landscape plan noting the 3 parking spaces
located closest to the eastern property line as compact parking spaces. The revised site and
landscape plans should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The site and landscape plan show a bike rack to be located at the northeast corner of the building.
With this site being located in close proximity to the park and greenbelt, staff is concerned that
one bike rack will not be adequate for patrons that ride their hikes to the facility. The applicant
should be required to provide a revised site and landscape plan showing a minimum of 3 bike
racks to be located on this site. The revised site and landscape plans should he reviewed and
approved by staff prior to the issuance of a zoning certificate.
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• The site plan, date stamped by the City on August 16, 2018, shows the east property line of this
site dividing the drive aisle located east of the parking spaces on the shared property line of this
property and the property to the east. The applicant should be required to provide a revised site
plan showing the limits of construction along the east property line to include a full 24 -foot wide
drive aisle on the shared property line. The applicant should be required to provide a letter from
the property owner to the east approving a portion of the 24 -foot wide drive aisle to be
constructed on their property. The revised site plan and letter should be reviewed and approved
by staff prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on September 27,
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 1:36:16)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The electric and gas meters need to be screened from view by the screen wall on the north building
elevation.
• The Board affirmed the building architecture, materials, and colors proposed for the restaurant building.
BOARD DECISION:
The Board voted 4 to 0 (Schafer recused, Brasher and Sayer absent) to recommend approval of DR -44-18
for a design review application for a restaurant within Eagle River Development for Eagle River, LLC,
with the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR -70-00.
2. The applicant shall comply with all applicable conditions as contained in the Development
Agreement for Eagle River Development attached to the Memorandum of Development Agreement
recorded February 16, 2000, as Instrument No. 100011692.
3. Provide a landscape island at the western property line of the parking spaces located north of the
building. 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 noting the 3 parking spaces located closest to the eastern
property line as compact parking spaces. The revised site and landscape plans shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
5. Provide a revised site and landscape plan showing a minimum of 3 bike racks to be located on this
site. The revised site and landscape plans shall be reviewed and approved by staff prior to the
issuance of a zoning certificate.
6. Provide a revised site plan showing the limits of construction along the east property line to include a
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full 24 -foot wide drive aisle on the shared property line. The applicant shall be required to provide a
letter from the property owner to the east approving a portion of the 24 -foot wide drive aisle to be
constructed on their property. The revised site plan and letter shall be reviewed and approved by staff
prior to the issuance of a zoning certificate.
7. All roof top mechanical units, hoods, vents, access ladders, etc. shall be completely screened from
view by the parapet walls.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. 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.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application and none are approved.
15. Provide a revised north building elevation showing the location of the electrical and gas meters and
how they will be screened from view bv the screen wall. The revised building elevation shall be
reviewed and approved bv staff and two members of the Design Review Board prior to the issuance
of a zoning certificate.
16. Provide a revised site plan showing ramps to be added within the sidewalk near the loading area on
the north side of the building and within the sidewalk extending to the parking lot at the northeast
corner of the building. The revised site plan shall be reviewed and approved bv staff 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
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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.
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.
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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
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
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required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from approval date).
26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR -44-18) 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 Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and the construction of a restaurant is permitted with the approval of a design
review application within the MU -DA (Mixed use with a development agreement) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the restaurant is designed to complement the general
vicinity and provide aesthetically pleasing architecture to enhance the character of the area;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a
restaurant and the drive aisles have been design in conformance with Eagle City Code 8-4-5;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features since the
proposed restaurant building has been designed with quality materials and similar features utilized
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K:WIanning Ikptlliagk Application.M)r12111811)R-44.I8 Restaurant in 1iR1) dritlocx
on other buildings within the development, complies with the architectural style identified in the
development agreement and design guidelines, and will enhance the character of the area;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
restaurant building has been designed with quality materials and similar features utilized on other
buildings within the development;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed restaurant is in conformance with the required setbacks and
height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 1 I1'1 day of October 2018.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
111 1
Robert Grubb, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City glerk
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Page 13 of 13
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