Findings - CC - 2019 - DR-12-00 MOD2 - Exterior Building Modification 396 S Eagle RoadBEFORE THE EAGLE CITY COUNCIL •
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR THE
EXTERIOR BUILDING MODIFICATION
FOR CAFE RIO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -12-00 MOD2
The above -entitled design review application came before the Eagle City Council for their action on January
8, 2018. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Cafe Rio, represented by Terry Loock with Cafe Rio, is requesting design review approval to modify
the exterior building elevations of a 2,910 -square foot restaurant facility within the Eagle Pavilion
Shopping Center. The 0.92 -acre site is located at the northeast corner of State Highway 44 and South
Eagle Road at 396 South Eagle Road, on Lot 01, Block 01, Pavilion Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 27, 2018.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on October 12, 2018, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 13, 1998, the Eagle City Council approved a rezone and preliminary plat for the Eagle
Pavilion Subdivision (RZ-05-98/PP-04-98).
On October 28, 1998, the Eagle City Council approved a development agreement for the Eagle Pavilion
Subdivision (RZ-05-98).
On November 24, 1998, the Eagle City Council approved a final plat for the Eagle Pavilion Subdivision
(FP -11-98).
On August 3, 1999, the Eagle City Council approved a design review application for a multi -tenant
retail building and the common area landscaping within the Eagle Pavilion Subdivision (DR -24-98).
On May 9, 2008, the Eagle City Council approved a design review application for a 2,900 -square foot
retail building within Eagle Pavilion Subdivision (DR -12-00).
On July 21, 2011, the Eagle City Council approved a design review application to convert a 2,900 -
square foot retail building into a restaurant building within Eagle Pavilion Subdivision (DR -12-00
MOD).
E. COMPANION APPLICATIONS:
DR -53-18 (Building Wall Signs & Monument Sign Tenant Panel for Cafe Rio).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD -DA (Central Business Restaurant
District with a development
agreement)
Proposed No Change No Change No Change
North of site Downtown
CBD -DA (Central Business Convenience
District with a development store/Restaurant
agreement)
South of site Commercial CBD -DA (Central Business Common Space of Mixed
District with a development Use Subdivision No. 5
agreement) (Eagle River
Development)
East of site Downtown CBD -DA (Central Business Bank with drive -up service
District with a development
agreement)
West of site Downtown CBD (Central Business Retail/Medical
District) Office/Restaurant Facility
G. DESIGN REVIEW OVERLAY DISTRICT:
Located within the CEDA (Community Entry Development Area).
H. EXISTING SITE CHARACTERISTICS:
There is an existing 2,910 -square foot restaurant facility with associated parking. The site has been
developed with curb, gutter, sidewalk, and landscape as part of the Eagle Pavilion Subdivision.
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I. SITE DATA:
SITE DATA
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
PROPOSED
0.92 -acres (40,175-sq.ft.)
35% (approximately) for the entire
Eagle Pavilion Subdivision
41% (approximately) — this site
(15% approximately for the entire
Eagle Pavilion Subdivision)
REQUIRED
500-sq.ft. (minimum)
85% (maximum)*
20% (minimum)*
10% (minimum)
Number of Parking Spaces 24 -parking spaces 20 -parking spaces (minimum) 1
Front Setback 110 -feet (West) 20 -feet (minimum)*
Rear Setback 50 -feet (East) 0 -feet (minimum) 1
Side Setback 20 -feet (North)** 10 -feet (minimum)*
Side Setback 40 -feet (South) 10 -feet (minimum)*
*Note: Minimum building coverage and setbacks located within the Community Entry Development Area (CEDA).
**Note: Building coverage and setbacks previously approved through DR -24-98. The setback distances were calculated from
the perimeter property line boundary of the entire shopping center (from property line to closest building).
J. PARKING ANALYSIS:
Gross Floor Area of Cafe Rio restaurant: 2,910 -square feet
• Eagle City Code Section 8-4-5 requires 1 parking space per 150 -square feet of gross floor area; plus
1 per 35 -square feet dance floor:
Existing Parking Spaces: 24
Required Parking Spaces: 20 (calculated based upon the above use identified in Eagle City Code
Section 8-4-5: "Restaurants, dining rooms, taverns, night clubs, etc.")
Existing Bicycle Parking: One (1) bicycle rack to remain, located at the southwest corner of the
building. Eagle City Code Section 8-4-4-6 requires one bicycle parking space within an approved rack
for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial
developments.
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Building: No change
Height and Number of Stories of Existing Building:
The applicant is proposing to modify the existing single -story building, however, the existing height of
twenty-three feet (23') will remain.
Gross Floor Area of Existing Building: No change
Existing On and Off -Site Circulation: No change
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L. BUILDING DESIGN FEATURES:
Building:
Roof: Single ply membrane (Iron Ore Black): with new parapet framing
Walls: Existing Split face CMU (Sanderling Beige), EFIS (Salute Red & Iron Ore Black), Existing Lap
siding and trim (Sanderling Beige), Porcelain tile (Haze Grey), Wood look tile (Marazzi Saddle), and
Deco tile (Custom Cafe Rio)
Windows/Doors: Existing Bronze Anodized Aluminum Metal Frame Storefront (Bronze/Clear)
Fascia/Trim: Metal EFIS trim (Iron Ore Black)
Other: Metal awning (Iron Ore Black)
Trellis:
Steel Canopy (Iron Ore Black) ten -feet (10') in height with a prefinished metal roofing system.
M. EXISTING LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are several existing trees, deciduous
shrubs, and ornamental grasses on site that will be protected during construction. The majority of the
existing landscape is located at the perimeter of the parking area and along the asphalt pathway that
meanders parallel to State Highway 44.
Tree Replacement Calculations: N/A
Existing Tree Mix (Species): The Design Review Board approved the existing landscape plan with the
application for construction of a new retail building (DR -12-00).
Existing Street Trees: Street trees were installed by the developer of Eagle Pavilion Subdivision.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation is existing.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping exists around the perimeter of the parking lot.
b. Interior Landscaping: 5% interior landscaping is required, 5% currently exists
N. TRASH ENCLOSURES:
One (1) 324 -square foot trash enclosure is located within the southeastern parking area of the
building. There are two recycle bins located within a parking space north of the trash enclosure. Two
drive aisles enter this parking area, one from the south and one from the north. The existing trash
enclosure is constructed of CMU walls and wood gates. The applicant is not proposing to make any
changes to the trash enclosure.
Existing screening around the trash enclosure consists of three (3) Hollywood Junipers, located on the
east side of the trash enclosure and five (5) Commemoration Maple trees, located on the south and
north side of the trash enclosure. The gate to the trash enclosure consists of cedar fencing, which is
prohibited for screening.
O. MECHANICAL UNITS:
The applicant is proposing to replace two (2) roof mounted mechanical units, one (1) makeup air unit
and four (4) exhaust fans. The roof mounted mechanical units are proposed to be screened behind the
framed parapet wall. No ground mounted mechanical units are proposed, and none are approved.
P. OUTDOOR LIGHTING:
A lighting plan was approved for the Eagle Pavilion Shopping Center with DR -02-98. The applicant
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is not proposing to change the parking lot lighting. The proposed exterior building elevations show
new light fixtures to be installed on the new building elevations and on the trellis structure. No details
for lighting have been submitted at this time.
Q. SIGNAGE:
No signs are proposed with this application. A separate design review application (DR -53-18) has
been submitted for the approval of signs proposed on this building and on the site.
R. PUBLIC SERVICES AVAILABLE:
An approval letter from the Eagle Fire Department has not been received to date. A water service or
sanitary sewer service approval has not been received to date. Approval of the Eagle Fire Department,
the sewer district, and 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 — no
Mature Trees — yes
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)
City of Eagle Water Department
Department of Environmental Quality, Boise Regional Office
Eagle Fire Department
Eagle Park, Pathway, and Recreation
Idaho Transportation Department
X. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
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following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and renewal
in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and
other related uses are encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Land
within this district is the only place to utilize the CBD zoning designation.
B. 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 -5(C)(3):
Community Entry Development Area-CEDA: The purpose of the CEDA is to fulfill the vision of
the City Comprehensive Plan by providing a sense of entry into Eagle and transitional development
into the DDA.
• Eagle City Code Section 8 -2A -7(C)(1)
Existing vegetation shall be retained unless removal is approved in writing by the City of Eagle.
Where trees are approved by the City to be removed from the project site, or abutting right -o -
way, replacement with an acceptable species is required.
• Eagle City Code Section 8 -2A -7(C)(2)
Damage during construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree or
shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of
section 8 -2A -7(C).
• Eagle City Code Section 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off-street loading when adjacent to or in view from a
residential activity or public street right-of-way, a five-foot (5') wide by six-foot (6') high
landscaped buffer is required.
• Eagle City Code Section 8 -2A -7(J)(3): Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous
trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of
sixty percent (60%) of the total plant material used.
b. Height requirements shall be accomplished with plant material, with a fence or decorative
wall.
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c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-2A-6(B)(5)(c)
Roof mounted mechanicals, all vents protruding through the roof, and similar features shall be
painted so as to match the color of the roof.
• Eagle City Code Section 8-4-4-2, Additional Design and Maintenance Regulations and
Requirements:
A. Site and Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from
the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed
or shielded to direct all light downward and the source of the light (including the lamp and any
nonopaque material/lens covering the lamp) shall not be directly visible by a person of average
height standing on the property line of any public right of way, or any private street, or on the
property line of any residentially zoned parcel of land or parcel of land used for residential
purposes.
4. When historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is to be exposed as a design element of the light fixture (as identified in the EASD
book) are approved, shielding shall only be required so the light is not directly visible by a
person of average height standing on the property line of any residentially zoned parcel of land
or parcel of land used for residential purposes. The light used shall be 3000K maximum LED
(or approved equivalent) and the light fixture shall be provided with optics to direct light
downward.
5. Light pole fixtures shall have a maximum height of:
a. Twenty feet (20') for parking lots with less than two hundred (200) spaces;
b. Twenty-five feet (25') for parking lots with more than two hundred (200) spaces but less
than five hundred (500) spaces;
c. Thirty feet (30') for parking lots with more than five hundred (500) spaces;
d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially
zoned parcel of land or parcel of land used for residential purposes.
6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250)
watt maximum high-pressure sodium lights, 3000K maximum LED lights (or approved
equivalent) shall be the only type of site and building lighting permitted.
7. Metal halide lighting shall be permitted with the following additional conditions:
a. Light wattage shall be a maximum of three hundred twenty (320) watts.
b. The light fixture shall be no higher than seventeen feet (17').
c. The design review board shall make the following findings prior to approving metal halide
lighting:
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(1) The lighting shall be harmonious with and in accordance with the general objectives, or
with any specific objective of chapter 2, article A of this title;
(2) The lighting shall be installed, operated, and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and will not change the essential character of the same area; and
(3) The lighting will not be disturbing to existing or future neighboring uses.
d. Historic style light pole fixtures designed such that the portion of the fixture housing the
light bulb is exposed as a design element of the light fixture (as identified in the EASD
book) shall not be permitted to have metal halide lighting.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply with
current city code.
9. It shall be the responsibility of the property owner to supply power in perpetuity to all lighting,
including streetlights located within the right of way, required by this title.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to issuance
of a building/zoning permit.
C. DISCUSSION:
• The applicant is requesting design review approval to modify the exterior building elevations of a
2,910 -square foot restaurant facility within the Eagle Pavilion Shopping Center. The applicant has
designed the proposed exterior building elevations to resemble the Italianate architecture identified
within the EASD book. The proposed facade is symmetrical, with wood, tile, and stucco materials
including a tile accent along the front edge of the building. A square cupola is prominent with two
square columns on either side of the main entrance visually supporting the cupola above.
The applicant has proposed a steel canopy to be located at the front pedestrian area of the restaurant.
The canopy is proposed to be ten -feet (10') in height and will have a prefinished metal roofing
system with two light fixtures suspended from the roof. The canopy is supported by four square
posts, as a modern interpretation of Italianate design. The applicant has submitted exterior
elevations indicating colors and materials for the proposed modifications.
Staff defers comment regarding building design and colors to the Design Review Board.
• Sheet A2.1, date stamped by the City September 27, 2018, shows the existing lap siding on the
north building elevation to be painted Sanderling Beige. There are green screens currently located
on the north building elevation that the revised building elevations do not show. The applicant
should be required to provide a revised building elevation showing the existing green screens to be
painted a color that complements the color of the building. The revised north building elevation
should be reviewed and approved by staff and one member of the Design Review Board prior to
the issuance of a zoning certificate.
• Sheet L101, date stamped by the City September 27, 2018, includes the following note: "existing
vines to remain, safeguard during new construction." A site visit to this location revealed that no
vines exist along the north building exterior wall (only shrubs). The applicant should be required
to provide a revised landscape plan showing three vines to be planted at the base of each green
screen. The proposed plant material, size, and quantity should be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate.
• Sheet AS 1.0, date stamped by the City September 27, 2018, shows an existing trash enclosure
located to the east of the building within the parking area. There are two recycling bins located
within the parking spaces to the north of the trash enclosure that are not screened from view. The
existing screening around the trash enclosure consists of three (3) Hollywood Junipers located on
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the east side of the enclosure and five (5) Commemoration Maple trees located on the south and
north side of the trash enclosure. The trash enclosure is constructed of CMU walls with wood gates
Pursuant to Eagle City Code Section 8-2A-7(J)(2)(c), a five-foot (5') wide by six-foot (6') high
landscaped buffer is required. Additionally, Eagle City Code Section 8-2A-7(J)(3)(d) states,
chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
Existing trash enclosure with non-compliant wood gates. Trash enclosure with metal gates in accordance with Eagle
City Code.
The applicant has three options for modifying the trash enclosure and screening the recycling bins:
1. The existing trash enclosure can remain; however the recycling bins should be removed from
the parking lot and the existing wood gates should be replaced with a durable material (i.e.:
metal) that complements the materials and colors used in the construction of the building and
the landscaping around the base of the enclosure should be planted to comply with Eagle City
Code Section 8 -2A -&(J)(2)&(3). The applicant should be required to provide revised
elevations of the trash enclosure showing the gates replaced with a durable material (i.e.: metal)
that complements the materials and colors used in the construction of the building. A revised
landscape plan showing the required buffer at the base of the enclosure should be submitted.
The recycling bins should be removed from the site. The revised elevations and landscape plans
should be reviewed and approved by staff and one member of the Design Review Board prior
to the issuance of a zoning certificate. — or —
A new enclosure may be constructed to screen the recycling bins and landscaped in accordance
with Eagle City Code Section 8 -2A -7(J)(2) & (3). The applicant should be required to provide
elevations plans of a new enclosure to screen the recycling bins to comply with Eagle City
Code Section 8 -2A -7(J)(3). Provide a revised landscape plan showing the new enclosure
screened from view by Landscaping pursuant to Eagle City Code Section 8-2A-7(J)(2)(c). The
enclosure elevations and revised landscape plans should be reviewed and approved by staff and
two members of the Design Review Board prior to the issuance of zoning certificate. — or —
3. A new larger enclosure may be constructed to screen both the trash bins and recycling bins in
one enclosure and landscaped pursuant to Eagle City Code Section 8 -2A -7(J)(2) & (3). The
applicant should be required to provide elevation plans of a new enclosure to screen the trash
and recycling bins in one larger enclosure. Provide a revised landscape plan showing the new
enclosure screen from view by landscaping pursuant to Eagle City Code Section 8 -2A -7(2)(c).
The enclosure elevations and revised landscape plans should be reviewed and approved by staff
and two members of the Design Review Board prior to the issuance of a zoning certificate.
• The revised building elevations show building wall lights to be located on the south, east, and west
building elevations and light fixtures to be located on the steel canopy. The applicant should be
required to provide detailed cut sheets showing the style, color, wattage, luminaries, etc. of the
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proposed building and steel canopy lighting. The detailed cut sheets should be reviewed and
approved by staff and one member 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.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on November 8, 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 42:44)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board requested the applicant provide additional details of the proposed trellis structure to identify
how its roof drainage would be accommodated and how the roof edges would be finished.
• The Board affirmed the exterior building modifications, materials and colors proposed for the restaurant
building. However, the Board requested the applicant revise the exterior building elevations to include
an optional parapet peak to compliment other buildings within the Eagle Pavilion Shopping Center.
BOARD DECISION:
The Board voted 6 to 0 (Grubb absent) to recommend approval of DR -12-00 MOD2 for a design review
application for the exterior building modification for Cafe Rio, with the site specific conditions of approval
and standard conditions of approval provided within their findings of fact and conclusions of law document
dated December 13, 2018.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 8, 2019, 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 3 to 1 (Bastian opposed) to approve DR -12-00 MOD2 for a design review application
for the exterior building modification for Cafe Rio with the following Design Review Board recommended
site specific conditions of approval and standard conditions of approval with text shown with underline to
be added by the Council and text shown with strikethrough to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Any plant material damaged during construction shall be replaced in accordance with Eagle City Code
8 -2A -7(C)(2) prior to issuance of a certificate of completion.
2. Provide a revised building elevation showing the existing green screens to be painted black to match
the trellis structure. The revised north building elevation shall be reviewed and approved by staff and
one member of the Design Review Board prior to the issuance of a zoning certificate.
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3. Provide a revised landscape plan showing three shade -appropriate vines to be planted at the base of
each green screen. The proposed plant material, size, and quantity shall be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate.
4. The applicant shall modify the existing trash enclosure and screen the recycling bins pursuant to one of
the following options:
1. Provide elevations of the existing trash enclosure with gates of a durable material (i.e.: metal)
that complements the materials and colors used in the construction of the building. Provide a
revised landscape plan showing the required buffer at the base of the enclosure. The recycling
bins should be removed from the site. The revised elevations 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. — or —
2. Provide elevations plans of a new enclosure to screen the recycling bins. Provide a revised
landscape plan showing the new enclosure screened from view by landscaping- pursuant to
Eagle City Code Section 8-2A-7(J)(2)(c). The enclosure elevations and revised landscape plans
shall be reviewed and approved by staff and two members of the Design Review Board prior
to the issuance of zoning certificate. — or —
3. Provide elevation plans of a new enclosure to screen the trash and recycling bins in one larger
enclosure. Provide a revised landscape plan showing the new enclosure screen from view by
landscaping pursuant to Eagle City Code Section 8 -2A -7(2)(c). The enclosure elevations and
revised landscape plans should be reviewed and approved by staff and two members of the
Design Review Board prior to the issuance of a zoning certificate.
5. All existing landscaping is to be protected and retained during construction.
6. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. All roof top mechanical units, hoods, vents, etc., existing or new, shall be completely screened from
view by the parapet wall.
9. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
10. No signs are proposed with this application and none are approved.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. Provide detailed cut sheets of all building and trellis lighting showing the style, color, wattage, lumens,
etc. The detailed cut sheets shall be reviewed and approved by staff and two members of the Design
Review Board prior to issuance of a zoning certificate.
13. Provide a revised east building elevation showing signage on the outside of the non-operating door
indicating that it is a non-operating door. The revised elevation shall be reviewed and approved by staff
and two members of the Design Review Board prior to issuance of a zoning certificate.
14. Provide revised elevations of the trellis structure showing the roof material, gutters and downspouts,
and the color of each of these elements. A trim piece shall be added to the roof to ensure a finished
edge. The revised elevations shall be reviewed and approved by staff and two Design Review Board
members prior to issuance of a zoning certificate.
15. The Cafe Rio building elevation shall include a flat roof. The appliean* coined tope 'ide ru.vio d
Wig -elevations she -ing an architectural peak-de3ig:. added to the bail g-elevationG to
al: , coveted on at - :. ' . .. • . . _ _ - .. - - vided. The
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elevations shall Ix) rie "ed by staff and tYr,b-member, oft and prior to i33uanee
of a zoning eortificatc.
16. Provide a revised landscape plan showing a 5 -foot wide x 6 -foot high landscape buffer around the trash
enclosure. The revised landscape plan shall be reviewed and approved by staff and two members of the
Design Review Board.
17. Provide a trash and/or recycling enclosure(s) agreement between the property owners of 396 South
Eagle Road (Lot 1, Block 1, Pavilion Subdivision) and 398 South Eagle Road (Lot 2, Block 1, Pavilion
Subdivision) for the shared use of the trash enclosure located near the northeast corner of 396 South
Eagle Road. The trash/recycling enclosure agreement shall be reviewed and approved by staff and
recorded in the Ada County Recorders office prior to the issuance of a zoning certificate.
18. Provide written approval from Republic Services approving the construction of the trash and/or
recycling enclosure(s) with regard to size, access, gate opening radii, etc., 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. 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.
5. 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.
6. 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, or drain, for irrigation water or irrigation waste water owned
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by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
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 Engineer prior to the City Engineer
signing the final plat.
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, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to 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
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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 Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt 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
Pathway/Greenbelt 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 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
Commission and/or Council.
18. 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/or the City Council for review and approval.
19. 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.
20. 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.
21. 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.
22. 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).
23. 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.
24. 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.
25.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed design review application
(DR -12-00 MOD2) 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 modifications to the exterior building elevations is permitted with the
approval of a design review application within the CBD -DA (Central 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 building elevations are designed with
materials and colors associated with the Italianate architecture identified within the Eagle
Architecture and Design Book to complement existing buildings within the Eagle Pavilion
Shopping Center and 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
restaurant and the drive aisles have been designed 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 building elevations have been designed with quality materials that are consistent with the
architectural style present within the Eagle Pavilion Shopping Center and will complement the
existing buildings within the development;
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 elevations are in conformance with the Eagle Architecture and Design Book and will
complement the architecture of the other buildings within Eagle Pavilion Shopping Center;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed building elevations are 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 the Eagle Pavilion Shopping Center;
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 State Highway 44 and provide
access to the existing buildings within the Eagle Pavilion Shopping Center; and
I. No signs are proposed with this application. A separate design review application (DR -53-18) has
been submitted for the proposed building walls and monument sign tenant panel. The proposed
signs are harmonious with the architectural design of the proposed building elevations and will not
cover nor detract from desirable architectural features.
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DATED this 8i11 day of January 2019.
CITY OF EAGLE
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor U
ATTEST:
JSharon K. Bergmann, Eagle Ci Clerk
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Reconsideration Notice: Applicant has the right. pursuant to Section 67-6535. Idaho Code. to request a reconsideration within
louneen 114) days of the final written decision.
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