Findings - CC - 2024 - DR-72-23 - Design Review for a Multi-Tenant Restaurant/Retail and Restaurant with a Drive-Through Building BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW FOR A MULTI- )
TENANT RESTAURANT/RETAIL AND )
RESTAURANT WITH A DRIVE-THROUGH )
BUILDING FOR RENNISON COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-72-23
The above-entitled design review application came before the Eagle City Council for their action on January
23, 2024. 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:
Rennison Companies, represented by Walt Lindgren with Lindgren Labrie Architecture, is requesting
design review approval of a 3,774-square foot restaurant/retail and restaurant with a drive-through
building. The 0.57-acre site is located on the southeast corner of South Edgewood Lane and East State
Street at 650 South Edgewood Lane within East End Marketplace.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on October 24, 2023. Revised (building
elevations)were received on December 5,2023.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies'reviews were transmitted on May 18,2023, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007, the Eagle City Council approved a Comprehensive Plan Map Amendment, a
rezone with development agreement,a vacation,and a preliminary plat application for Eagle Gateway
Subdivision(CPA-02-06/RZ-08-06/VAC-01-06/PP-09-06).
On January 12, 2016,the City Council approved a Comprehensive Map Amendment from Mixed Use
to Commercial and a rezone from BP (Business Park) to MU-DA (Mixed Use with a development
agreement [in lieu of a Conditional Use Permit]) and C-2-DA (General Business District with a
development agreement)to develop a 48-unit senior apartment building and commercial area consisting
of retail,financial, and restaurant uses with drive throughs(CPA-05-15 &RZ-11-15).
On March 24,2016,the Design Review Board approved a design review application for a master sign
plan for the specialty retail store(DR-07-16).
On April 14, 2016, the Design Review Board approved a design review application for the common
area landscaping within East End Marketplace, including the construction of a 14,924-square foot
specialty retail store(food and beverage sales)(DR-06-16).
On July 14,2016,the Design Review Board approved a design review application for the master sign
plan for East End Marketplace(DR-34-16).
On April 20,2017,the City approved an extension of time application for the common area landscaping
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within East End Marketplace, including the construction of a 14,924-square foot specialty retail store
(food and beverage sales)(EXT-04-17).
On July 24, 2018, the City Council approved a design review application to modify the master sign
plan for East End Marketplace(DR-34-16 MOD).
On February 22, 2023, the City Council approved a design review application for a multi-tenant
retail/restaurant building within East End Marketplace(DR-61-21).
E. COMPANION APPLICATIONS: DR-73-23 (master sign plan application).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
Proposed No Change No Change Multi-tenant Restaurant
with a Drive-Through and
Restaurant/Retail Building
North of site Commercial C-2 (General Business Multi-tenant commercial
District) building
South of site Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
East of site Commercial C-2-DA(General Business Vacant parcel within East
District with a development End Marketplace
agreement)
West of site Commercial MU (Mixed Use) South Edgewood Lane/
Multi-tenant Commercial
Building and Bank with a
Drive-Through
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT: Yes.
I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb,gutter,and sidewalk along South Edgewood Lane and East State
Street as part of East End Marketplace.
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J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.58-acres(25,221-SF) 5,000-square feet(minimum)
Percentage of Site Devoted 15%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 32%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 26-parking spaces(plus queue space for 23-parking spaces(minimum)
12-cars for drive-through) (plus queue space for 5-cars for
drive up service)
Front Setback(South) 71-feet 20-feet(minimum)
Rear Setback(North) 22-feet 20-feet(minimum)
Side Setback(West) 27-feet 20-feet(minimum)
Side Setback(East) 61-feet 7.5-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Restaurant/Retail and Restaurant with drive-through: 3,774-square feet
• Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor area for
restaurant with drive-through; plus queue space for 5-cars for drive up service.
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor area for
restaurant.
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor area for
retail.
Proposed Parking Spaces: 26
Required Parking Spaces(estimated per use required in Eagle City Code):
7 (plus queue for 5-cars for drive-up service), for 1,400-square feet using 1 parking space per 200-
square feet for restaurant with drive-through.
16, for 2,370-square feet using 1 parking space per 150-square feet for restaurant.
10, for 2,370-square feet using 1 parking space per 250-square feet for retail.
L. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)building to be utilized as a multi-tenant retail/restaurant
building with a drive-through.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-four and one half foot (24 1/') high single-story
structure.
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Gross Floor Area of Proposed Buildings:
The proposed multi-tenant restaurant with drive-through and retail/restaurant building is approximately
3,774-square feet.
On and Off-Site Circulation:
A 9,570-square foot (approximately) paved parking lot provides parking for vehicles using this site.
One existing 28-foot wide shared driveway is located at the northeast corner of the site and will be
shared with all the parcels within this development providing access to East State Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design: Craftsman
Roof: Single ply membrane(White)
Walls: Stucco(Mindful Gray),Brick Veneer(Ebony),Fiber Cement Board Siding(Iron Ore),
Windows/Doors: Aluminum(Charcoal)
Fascia/Trim: Metal(Iron Ore)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are no existing trees.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): Street trees were installed with the common area landscaping
(DR-06-16).
Street Trees: Street trees exist along East State Street.
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, 8% is proposed.
O. TRASH ENCLOSURES:
One(1)245-square foot trash enclosure is proposed to be located on the property to the south near the
southwest cover of the parking area. The enclosure is proposed to be constructed of CMU walls
finished with stucco and metal gates; all of which will match the materials and colors used in the
construction of the building.
P. 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.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location and detailed lighting cutsheets showing the style,
color,height, illumination type,wattage,etc.was received and complies with Eagle City Code Section
8-4-4-2.
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R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-72-23)has been
submitted for the approval of a master sign plan for signs proposed on this building and on the site.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. The site is
located within Veolia Water service area and within the boundaries of the Eagle Sewer District.
T. PUBLIC USES PROPOSED:None.
U. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
V. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-no
Riparian Vegetation-no
Steep Slopes-no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils-unknown
Wildlife Habitat-no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):Not
required.
X. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Ballentyne Ditch Company
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Historic Preservation Commission
Eagle Public Works
Eagle Sewer District
Idaho Transportation Department
Y. LETTERS FROM THE PUBLIC:None received to date.
Z. EAGLE CITY CODE 8-2A-13(B)(1)&(2): Required Findings for Design Review:
1. City Findings: The City shall make findings which address the following:
a.The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any,that the applicant could take to obtain approval.
2. General Standards For Design Review: The Zoning Administrator, Design Review Board, or City
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Council, whichever is applicable, shall review the particular facts and circumstances of each
proposed design review in terms of the following standards and shall find adequate evidence
showing that such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan
and is in accordance with the regulations of this Code;
b. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
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;
d. Will not interfere with the visual character, quality, or appearance of the surrounding area and
the City, and where possible, enhance the continuity of thematically common architectural
features;
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;
f. Will not obstruct views and vistas as they pertain to the urban environment and in relation to
artistic considerations;
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 commercial center in the area;
and
i. Will have signs, if proposed,that are harmonious with the architectural design of the building
and the adjacent buildings,and will not cover or detract from desirable architectural features.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Mixed Use
Suitable 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.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.7 The commercial/retail buildings shall be constructed utilizing a style of architecture as shown
on Exhibit E. The multi-family building and commercial buildings shall be designed utilizing
four-sided architecture. Eagle Design Review Board approval of the detailed architectural plans
for the development is required prior to the issuance of building permits for the multi-family
and commercial/retail buildings.
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3.10 The Restaurants(with drive through)shall be limited to Pads B,C,K,and N. Owner shall
provide a minimum forty-eight inch(48")buffer(berm, decorative block wall,cultured stone,
decorative rock, or similarly designed concrete wall)between the drive through lanes and the
adjacent roadway to reduce the impact of the vehicles utilizing the drive through lanes(i.e.
vehicle headlights and vehicle cueing).
3.12 The development is to incorporate public art,water features, or other features of interest and
pedestrian amenities which encourage pedestrian use(i.e.: outdoor drinking fountains, benches,
tables,etc.). The amenities shall be reviewed and approved by the Design Review Board prior
to the issuance of a Zoning Certificate.
3.18 The parking for the site shall be in conformance with Eagle City Code Section 8-4-5: Schedule
of Parking Requirements.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi-family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
• Eagle City Code Section 8-2A-6(B)(3)Fences:
a. Block(with columns),which may include brick,rock, stone or similar veneer;
b. Brick(with columns);
c. Wrought iron;
d. Decorative wood and vinyl fencing may be permitted if the city determines that the style of
fence proposed is complementary to the building architecture and overall site design;
e. Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited. However, powder coated chain link fencing may be permitted
for use on school sites.
D. DISCUSSION:
• The applicant is requesting design review approval to construct a 3,774-square foot multi-tenant
retail and restaurant with drive through building. The applicant's justification letter describes the
building's design as Craftsman style which is permitted within the EASD book. The justification
letter states the overall massing of the building incorporates staggered depths and heights for visual
interest and iconic tower elements which provide for a strong visual presence along both South
Edgewood Lane and East State Street. Building materials include brick veneer, stucco, and a
combination of horizontal fiber cement board siding. Staff defers comment regarding the building
design,materials,and colors to the Design Review Board.
The proposed building should be designed to be harmonious with buildings in the surrounding
vicinity. Pursuant to Eagle City Code 8-2A-13(B)(2)(d)&(e), the proposed building should be
designed to 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
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features, and 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. Staff
defers comment of the proposed building regarding the harmonious nature and relationship of the
building to the surrounding vicinity to the Design Review Board.
• The applicant is proposing a 4-foot high aluminum fence with horizontal pickets,with landscaping
at the base of the fence to be installed along the north side of the drive-through lane and East State
Street. A 3-foot high landscape berm is proposed along the west side of the drive-through. Pursuant
to the development agreement 3.10,the restaurants(with drive through)shall be limited to Pads B,
C,K,and N.Owner shall provide a minimum forty-eight inch(48")buffer(berm,decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall) between the drive
through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive
through lanes (i.e. vehicle headlights and vehicle cueing). The applicant should be required to
provide a revised landscape plan showing a 48-inch high buffer (berm, decorative block wall,
cultured stone,decorative rock,or similarly designed concrete wall)between the drive through lane
and East Street and South Edgewood Lane. The revised landscape plan and/or decorative wall
should be reviewed and approved by staff and two members of the Design Review Board prior to
the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if the requested design review application is approved,
staff recommends the site specific conditions of approval and 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 December 14,2023,
at which time the Board made their decision.
BOARD DELIBERATION:
Upon completion of the applicant's and staffs presentations,the Board discussed during deliberation that:
• The Board is in favor of the building as submitted with the site specific conditions of approval as noted
herein.
BOARD DECISION:
The Board voted 4 to 0(Duperault,Mihan, and Greer absent)to recommend approval of DR-72-23 for a
design review application for a multi-tenant restaurant/retail and restaurant with drive-through building,
with the following site specific conditions of approval and standard conditions of approval provided
within their findings of fact and conclusions of law document, dated January 11,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on January 23,2024, at which
time the Council made their decision.
COUNCIL DECISION:
The Council voted 4 to 0 to approve DR-72-23 for a design review application for a multi-tenant
restaurant/retail and restaurant with drive-through building, including the streetscape in front of an
existing single-family dwelling,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 DR-06-16 and CPA-05-15 &RZ-1 1-15.
2. Provide a revised landscape plan showing a 48-inch high buffer(berm,decorative block wall,cultured
stone, decorative rock, or similarly designed concrete wall) between the drive through lane and East
Street and South Edgewood Lane. The revised landscape plan and/or decorative wall shall be reviewed
and approved by staff and two members of the Design Review Board prior to the issuance of a zoning
certificate.
3. Provide detailed cutsheets of the proposed bike rack showing the style, size, color, etc. The detailed
cutsheets 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. No ground mounted mechanical units are proposed with this application and none are approved.
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. Provide revised elevation plans showing the brick veneer to be Lakewood Plant—Graphite Grain. The
revised elevation plans shall be reviewed and approved by staff prior to the issuance of a zoning
certificate.
12. Provide a revised landscape plan showing the electrical and gas meters to be screened from view. 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.
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
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to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service,prior to issuance of any building permits or Certificate of Occupancy,whichever
occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first. A copy of the construction drawing(s)shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy,whichever occurs first.
The plans shall show how swales,or drain piping,will be developed in the drainage easements. The
approved drainage system shall be constructed,or a performance bond shall be submitted to the City
Clerk,prior to issuance of any building permits or Certificate of Occupancy,whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch,pipe or other structure or canal,for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association,or other irrigation entity, shall be
obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting,piping,covering or otherwise changing the existing irrigation or waste ditch(1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using
or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,or other irrigation entity associated with such
ditch, pipe or other structure,or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer,for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
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11. Parking lot light plan shall be submitted and approved as to the location,height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of
all dust,trash,weeds and other debris.
13. One set of building plans,for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy,whichever occurs
first. The letter shall include the following comments and minimum requirements,and any other
items of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600-square feet,and 1,500
gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
14. Any recreation area,greenbelt area or pathway area along the Boise River,Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain(if applicable)from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act,Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans,which incorporate any required changes,shall be submitted for staff approval. Staff may
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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. Use,or each use for multi-use/multi-tenant projects, shall be as defined within Eagle City Code 8-2-3,
"Schedule of District Use Regulations", and any use and subsequent change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
submit a Zoning Permit application to the City and 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 changes 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-72-23) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive Plan.
2. The Council reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a multi-tenant restaurant/retail and restaurant with a drive-through
building with the approval of a design review application within the C-2-DA (General 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 multi-tenant restaurant/retail and
restaurant with a drive-through building is designed to complement the general vicinity;
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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 has been designed with onsite parking;
D. Will not interfere with the visual character,quality,or appearance of the surrounding area and city,
and where possible,enhance the continuity of thematically common architectural features since the
building has been designed to meet the architectural styles specified within the development
agreement;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the building is
designed to be harmonious with other surrounding buildings;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the building does not exceed the 35-feet permitted within Eagle City Code;
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 sidewalks
that provide access to the building and other future buildings within the vicinity;
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; 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 building, and will not cover nor detract from
desirable architectural features.
DATED this 23'day of January 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad Pike,Mayor
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aC�:• 4Q0RAT�'•:
Tracy E. rn,Eagle City Clerk + *�� P -:O
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Regulatory Taking Notice: In accordance with section 67-6519, Idaho Code, Applicant has the right,
pursuant to section 67-8003,Idaho Code,to request a regulatory taking analysis.
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