Findings - CC - 2018 - DR-42-18 - Restaurant With Drive Through For StarbucksBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A RESTAURANT )
WITH DRIVE-THROUGH FOR STARBUCKS )
IN EAGLE ISLAND MARKETPLACE FOR )
VERDAD REAL ESTATE )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -42-18
The above -entitled design review application came before the Eagle City Council for their action on
October 23, 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:
Verdad Real Estate, represented by Melissa Balcerak with Hunter Development Group, is requesting
design review approval to construct a 2,200 -square foot restaurant with drive-through for Starbucks.
The 0.88 -acre site is located on the north side of West Chinden Boulevard approximately 460 -feet east
of North Linder Road at 1480 West Chinden Boulevard within Eagle Island Marketplace (Lot 5, Block
1, Lazy P Subdivision).
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on August 14, 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 February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text
amendment and annexation and a rezone with development agreement for this site (CPA -5-08 & A-03-
08 & RZ-08-08).
On July 14, 2009, the Eagle City Council approved a design review application for the common area
landscaping for Eagle Island Marketplace, including Fred Meyer and eight (8) multi -tenant
retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island Marketplace) (DR -13-09).
On July 14, 2009, the Eagle City Council approved a design review application for the master sign plan
including one entry feature sign, four multi -tenant monument signs, and ten single -tenant monument
signs for Eagle Island Marketplace (DR -14-09).
On November 10, 2010, the Ada County Board of County Commissioners approved a comprehensive
plan amendment, rezone with development agreement, master site plan and preliminary plat for Eagle
Island Marketplace (CPA -05-08, A-03-08, and RZ-08-08).
On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation and
rezone with development agreement of the property associated with Eagle Island Marketplace.
Ordinance No. 652 also recognized the vested development rights associated with the approved Ada
County preliminary plat application number 201000571-S.
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On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P
Subdivision (FP -01-1 1).
On April 5, 2012, the City approved a modification to the master sign plan for Eagle Island Marketplace
to increase the height and square footage of the two multi -tenant signs along Chinden Boulevard to 25 -
feet in height and 197 -square feet (DR -14-09 MOD).
E. COMPANION APPLICATIONS: DR -43-18 (Starbuck's signage)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G.
H.
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial
Proposed
North of site
South of site
East of site
West of site
No Change
Commercial
Professional
Office/Business Park
Commercial
Commercial
C -3 -DA (Highway Business
District with a development
agreement)
Vacant parcel
No Change Restaurant building with
drive-through
C -3 -DA (Highway Business
District with a development
agreement)
RUT (Ada County
Designation)
C -3 -DA (Highway Business
District with a development
agreement)
C -3 -DA (Highway Business
District with a development
agreement)
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
Commercial Tire within
EIMP, Fred Meyers within
EIMP
Chinden Boulevard/Vacant
parcel
McDonald's within EIMP
Vacant Lot within EIMP
EXISTING SITE CHARACTERISTICS:
The site has been developed with a landscape buffer, pathway and street trees along Chinden Boulevard,
and street lights.
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I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.88 -acres (38,332 -square feet) 1,300 -square feet
Percentage of Site Devoted 6% (approximately) 92% (maximum)
to Building Coverage
Percentage of Site Devoted 29% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 24 -parking spaces, plus queue space for 11 -parking spaces, plus queue
7 cars for drive up service space for 5 cars for drive up
service (minimum)
Front Setback 100 -feet (East) 0 -feet (minimum)
Rear Setback 28 -feet (West) 0 -feet (minimum)
Side Setback 57 -feet (North) 0 -feet (minimum)
Side Setback 62 -feet (South) 0 -feet (minimum)
J. PARKING ANALYSIS:
Gross Floor Area of Proposed Restaurant with Drive-through: 2,200 -square feet
Restaurant with Drive -Through — 1/200 -square feet, plus queue space for 5 cars for drive up service
2,200/200 -square feet = 11 parking spaces + queue space for 5 cars for drive up service
• Eagle City Code Section 8-4-5 requires 1 parking spaces 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: 24, plus queue space for 7 cars for drive up service
Required Parking Spaces: 11, 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.
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 2,200 -square feet.
On and Off -Site Circulation:
An 11,028 -square foot (approximately) paved parking lot provides parking for vehicles using this site.
One 43 -foot wide driveway is located on the north property line and connects to a 26 -foot wide existing
paved drive aisle within Eagle Island Marketplace. A cross access agreement allows access from the
site to West Chinden Boulevard or North Linder Road.
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L. BUILDING DESIGN FEATURES:
Roof: TPO (White)
Walls: Stucco (Antler Velvet/Casa Blanca — SW7571), Coronado Stone (Brookside), Hardie Board
(Autumn Tan)
Windows/Doors: Clear Storefront, Frame (Dark Bronze)
Fascia/Trim: Wood (Turkish Coffee SW6076), Stucco (Turkish Coffee SW6076)
M. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing street trees adjacent to West
Chinden Boulevard.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are existing along West Chinden Boulvard.
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: 8% interior landscaping is required, 10% is proposed.
N. TRASH ENCLOSURES:
One (1) 168 -square foot trash enclosure is proposed to be located northeast of the building within an
interior planter island. 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:
A site and parking lot light plan showing location, height, and wattage has been submitted and
complies with Eagle City Code Section 8-4-4-2.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -42-18) 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 Meridian 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.
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U. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes, adjacent to West Chinden Boulevard
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.
Andeavor (fka Tesoro Logistics NW Pipeline)
Ada County Highway District
Central District Health
Idaho Transportation Department
Meridian Fire 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 14, 2017), designates this site as the
following:
Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
B. PRE -ANNEXATION AND DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT
WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design
Review), and be generally consistent with the Concept Plan, provided, however, it is the
intent of this Agreement to allow flexibility at the time a detailed plan and platting are
submitted to Eagle so long as the general intent of the Concept Plan and the requirements set
forth in this Agreement are met. If the Applicant develops the Property prior to annexation
under the jurisdiction of Ada County, the Applicant shall apply for Design Review approval
in Eagle and the County shall not issue a zoning certificate or building permit for the Project
until Eagle has provided the County with a letter of approval and/or conditions of approval
for the Project resulting from that Design Review approval.
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3.4 Notwithstanding anything to the contrary herein, all commercial uses proposed for the
Property listed below are considered permitted uses and shall not be subject to Eagle's
conditional use permitting process.
USES
Farm, garden, lumber, or building supply store 1 Restaurant (with drive thru)__ _
3.6 The dimensional standards to be used at Eagle Island Marketplace will be those of Eagle City
as shown in the following table. Although the applicant may make application to Ada County
if necessary, such application will include a proposed development agreement with the
County that would request that the development standards to be used will be those Eagle, into
which this Property will eventually be annexed.
Dimensional Standards of the City of Eagle and Ada County
DIMENSIONAL STANDARDS CITY OF EAGLE'. ADA COUNTY
Standard Abutting
Residential
Front yard setback 0 35' 50'
Side street setback 0 35' 50'
Interior side yard setback 0 35' 50'
Rear yard setback 0 35' 50'
Maximum Lot Covered (percent) 92% 50%
Minimum Lot Area (Acres or 1,300
Square Feet)
Minimum Lot Width 25' -
Maximum Height 35' 50'
Property size - 100,000
sq. ft.
Minimum street frontage - 600' -
Minimum property depth - 200'
3.14 In addition to the sidewalks proposed around the perimeter of the development (see Concept
Plan), the applicant will design the proposed interior parking lot pathways (sidewalks) to
provide optimum pedestrian interconnectivity to all portions of the site which should reduce
the need to drive from store to store and should promote enhanced pedestrian movement
within the site. The site is to be designed with shelters, "kiosks" pergolas, etc., in strategic
locations to provide refuge and visual relief to pedestrians traversing the parking lot. The
concrete sidewalks along Linder Road and Chinden Boulevard shall be a minimum of 6 -foot
wide and configured in a meandering pattern compliant with all ADA Requirements.
3.15 The Applicant shall construct outdoor plaza areas in strategic locations within the
development and in front of the buildings to accommodate and facilitate gathering points for
users of the development. These plaza areas shall include items such as seating areas, art
work, fountains, landscaping, drinking fountains, bike racks, similar features designed and
displayed in a manner that lends to establishing a common theme or identify to the
development.
3.16 Due to the high visibility of the Chinden Boulevard and Linder Road intersection, special
attention shall be given to the configuration and position of the buildings abutting the
roadways. Buildings should be designed to be positioned at varied distances from the abutting
roadways to provide modulation, and building footprints and fenestrations are encouraged to
be irregular to inspire greater creative designs. All lots and buildings shall be configured to
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screen any and all loading areas and trash enclosures from view as seen from residential uses
or public roadways. Building placement shall be designed such that parking areas are not
concentrated between the buildings and the abutting roadways. The parking areas depicted on
the Concept Plan are not considered to be concentrated between the buildings and the
abutting roadways. The side of any buildings facing the roadways shall be provided with
architectural design elements and architectural relief, as may be approved by the Eagle
Design Review Board.
3.17 All buildings shall be set back a minimum of 105 -feet from the centerline of Chinden
Boulevard to accommodate future corridor widening. Buildings shall be setback a minimum
of 25 -feet from the new right-of-way line on Linder Road to provide for landscaping and
potential roadway widening.
3.16 The development shall include buffers pursuant to Eagle City Code 8-3-3 D. All service
areas (loading bays, trash compactors, etc.) shall be designed to lessen impacts (noise, glare,
odors, etc.) upon adjacent residential uses. The storage of materials, packing supplies, and
merchandise is prohibited within the service -drive aisle and service areas. Tasteful displays
of merchandise may be permitted outdoors if approved through a development application.
3.25 The development shall be limited to three (3) drive-thru restaurants, one (1) pharmacy drive-
thru, one (1) bank (including drive-thru), one (1) remote drive -up ATM, and one (1) fuel service
station. The City may place reasonable limits on the hours of operation of all drive-thru uses
to ensure compatibility with adjacent uses.
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): Utilities:
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);
D. DISCUSSION:
• The applicant is requesting design review approval to construct a restaurant with drive through
for Starbucks. The applicant's justification letter states that the building design utilizes similar
massing as other free-standing buildings on the site and the materials and earth tone color palette
are utilized throughout the shopping center.
Staff defers comment regarding building design and colors to the Design Review Board.
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• The north building elevation shows the rooftop mechanical units to extend higher than the parapet
walls. Eagle City Code Section 8 -2A -6(A)(5) states that all roof mounted mechanical units are
required to be completely screened from view through the use of a parapet wall and shall not be
visible at the same level or elevation of the parapet wall. The applicant should be required to
provide a revised north building elevation showing the rooftop mechanical units completely
screened from view and not visible at the same elevation of the parapet wall. The revised north
building elevation 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 59:38)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board affirmed the proposed building design, materials and colors.
• The Board determined the proposed landscaping with the addition of site specific conditions No. 14
and 15 which will ensure the drive-through is properly screened and ensure the green screens (located
near the west building elevation) will drain properly and have appropriate plantings.
• The Board had concerns regarding the orientation of the trash enclosure and screening, however, site
specific condition No. 15 addressed this issue.
BOARD DECISION:
The Board voted 5 to 0 (Brasher and Sayer absent) to recommend approval of DR -42-18 for a design
review application for a restaurant with drive-through for Starbucks within Eagle Island Marketplace for
Verdad Real Estate, with the site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document, dated October 11, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on October 23, 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 -42-18 for a design review application for a restaurant with drive-
through for Starbucks within Eagle Island Marketplace for Verdad Real Estate, with the following Design
Review Board recommended site specific conditions of approval and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-08-08, LLA -08-18, and DR -13-09.
2. The lot line adjustment (LLA -08-18) shall be recorded prior to the issuance of a zoning certificate.
3. Provide a revised north building elevation showing the rooftop mechanical units completely screened
from view and not visible at the same elevation of the parapet wall. The revised north building
elevation shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. 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.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. All rooftop mechanical units, hoods, vents, access ladders, etc. shall be completely screened from
view by the parapet walls.
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 revised building elevations identifying the material of the awnings. The revised building
elevations shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
13. Provide a revised elevation of the trash enclosure showing the materials and colors to match the
building. A revised landscape plan showing a five-foot wide by six-foot high landscape buffer around
the trash enclosure shall be provided. The revised elevation 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.
14. Provide a cross section of the drive-through showing the retaining wall, berming, and landscaping
adjacent to Chinden Boulevard to be a minimum of 48 -inches in height as measured from the adjacent
drive-through lane. The cross section shall be reviewed and approved by staff prior to the issuance of
a zoning certificate.
15. Provide a revised landscape plan showing 2 -gallon shrubs to be planted adjacent to the screen walls
proposed on the west building elevation. Provide a cut sheet of the screen wall and information that
depicts how the plantings will be watered and how the planters at the base of the screen wall will
drain. The revised landscape plan and cut sheets 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,
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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
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 (l)
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.
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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."
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.
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K:U'Ianning lkptUiagk ApplicatioaslDA20181DR-42-1A Starbucks in I tMP ixf.docx
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
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 -42-18) 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:
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K:11'lanning akpt1lagk Applications1Dr120181DR-42.1 K Starbucks in liIMI' cct.docx
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 with the approval of a design
review application within the C -2 -DA (Highway Business District with a development agreement)
zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site since the proposed restaurant with drive-through is designed
with materials and colors associated with the Mediterranean architectural style which matches the
existing buildings within Eagle Island Marketplace;
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 exceeds 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 designed with quality materials that are consistent with the
Mediterranean architectural style present in other existing buildings within Eagle Island
Marketplace;
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 Eagle Architecture and Site Design Book and has been
designed to compliment the buildings in the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building is in conformance with the required setbacks and height
restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with sidewalks and walkways for both walkability within the site and access to the other
buildings within Eagle Island Marketplace;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since there
are sidewalks and walkways connecting the adjacent path along Chinden Boulevard and provide
access to the existing building within Eagle Island Marketplace; and
I. No signs are proposed with this application. A separate design review application (DR -43-18) has
been submitted for the building wall, directional, menu board, and monument signage and the
proposed signage is harmonious with the architectural design of the building and will not cover nor
detract from desirable architectural features.
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DATED this 23rt' day of October 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan TITElieway, Mayor
j ATTEST:
14
Sharon K. Bergmann, Eagle City Cle
Reconsideration Notice: Applicant liar the right, pursuant to Section 67-6535, Idaho Code. to request a Icconsideration within
fourteen (l4) days of the final written decision
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