Findings - CC - 2024 - DR-2023-70 - Design Review for a Multi-Tenant Restaurant with a Drive-Through and Retail Building BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
DESIGN REVIEW FOR A MULTI-TENANT )
RESTAURANT WITH A DRIVE-THROUGH )
AND RETAIL BUILDING FOR RENNISON )
COMPANIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-2023-70
The above-entitled design review application came before the Eagle City Council for their action on August
27, 2024. The Council continued the application to September 10, 2024,at which time their decision was
made. 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 6,304-square foot,multi-tenant restaurant with a drive-through and retail
building.The 1.46-acre site is located on the northeast corner of State Highway 44 and South Edgewood
Lane 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 information
(cross sections,landscape plan)were received April 15,2024 and April 17,2024.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on November 20, 2023, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 13, 2007,the 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-08-06NAC-01-06/PP-09-06).
On January 12,2016,the City Council approved a Comprehensive Plan Map Amendment and a rezone
with a development agreement for East End Marketplace(CPA-05-15 &RZ-11-15).
On March 24,2016,the Design Review Board approved a master sign plan for the specialty retail store
for TPC Commercial,LLC(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
within East End Marketplace, including the construction of a 14,924-square foot specialty retail store
(food and beverage sales)(EXT-04-17).
Page 1 of 17
K:\Planning Dept\Eagle Applications'Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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).
On September 8, 2023, the Design Review Board approved an apartment facility for Cottonwood
Meadows within East End Marketplace for Pacific West Communities,Inc. (DR-42-16).
On April 9, 2024, the City Council approved a development agreement modification (development
agreement in lieu of a conditional use permit) to modify the conditions of development and concept
plan contained within the executed development agreement(RZ-11-15 MOD).
On April 9,2024,the City Council approved a combined preliminary plat and final plat for Retail One
Subdivision,a 6-lot(6-buildable)commercial subdivision(PP/FP-01-23).
E. COMPANION APPLICATIONS: DR-71-23 (master sign plan application).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial and Mixed C-2-DA(Commercial- Vacant parcel within East
Use General Business with a End Marketplace
Development Agreement)
Proposed No Change No Change Multi-tenant restaurant
with drive through and
retail building
North of site Commercial and Mixed MU-DA(Mixed Use with a Vacant parcel within East
Use development agreement[in End Marketplace
lieu of a PUD])
South of site Mixed Use MU-DA(Mixed Use) Commercial subdivision
(Tennis Club Plaza
Subdivision)
East of site Mixed Use BP(Business Park) Vacant parcel within East
End Marketplace
West of site Downtown MU(Mixed Use)and MU- Office,Commercial,Retail
DA(Mixed Use with a Center
development agreement)
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.
Page 2 of 17
K:U'lanning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
J. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.46-acres(63,597-square feet) 1,300-square foot(minimum)
Percentage of Site Devoted 9.5%(approximately) 92%(maximum)
to Building Coverage
Percentage of Site Devoted 31%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 67-parking spaces 37-parking spaces(minimum)
Front Setback(East) 133-feet 0-feet(minimum)
Rear Setback(West) 44-feet 0-feet(minimum)
Side Setback(North) 102-feet 0-feet(minimum)
Side Setback(South) 63-feet 0-feet(minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed Multi-tenant Restaurant with Drive Through and Retail Building: 6,304-
square feet
• Eagle City Code Section 8-4-5 requires:
Retail sales— 1 per 250 square feet of gross floor area
Restaurants— 1 per 150-square feet of gross floor area
Restaurant with drive-through— 1 per 200-square feet of gross floor area;plus queue space for 5-cars
for drive up service
Proposed Parking Spaces: 67
Required Parking Spaces(estimated per use requirements in Eagle City Code):
17 (plus queue for 5-cars for drive-up service), for 3,398-square feet using 1 parking space per 200-
square feet for restaurant with drive-through
20,for 2,906-square feet using 1 parking space per 150-square feet for restaurant
12,for 2,906-square feet using 1 parking space per 250-square feet for retail sales
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 restaurant with
drive through/retail building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty-six foot(26')high single-story structure.
Gross Floor Area of Proposed Buildings:
The proposed multi-tenant building is approximately 6,304-square feet.
Page 3 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
On and Off-Site Circulation:
A 22,221-square foot(approximately)paved parking lot provides parking for vehicles using this site.
One 26-foot wide and one 28-foot wide shared driveways are located near the northeast corner of the
area being developed.The 26-foot wide driveway provides access north of the site and the 28-foot wide
driveway provides access east of the site. Both driveways provide access to East State Street.
M. BUILDING DESIGN FEATURES:
Proposed Building Design:Craftsman
Roof: Single ply TPO(White)
Walls: Stucco(SW7015 Repose Gray),horizontal stacked brick(Santiago Blend), fiber cement siding
(Summer Wheat),fiberglass reinforced panel(PMS 2307C)
Windows/Doors: Aluminum(Charcoal)
Fascia/Trim: Metal/Wrought Iron Balustrade/Steel Accents(SW7069 Iron Ore)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:There are existing trees along SH-55 which will
be protected and retained.
Tree Replacement Calculations:N/A
Proposed Tree Mix(Species&Number): To be reviewed by the Design Review Board.
Street Trees: Street trees are proposed along the drive aisle into the site off South Edgewood Lane.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones:N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 10%interior landscaping is required,8%is proposed.
O. TRASH ENCLOSURES:
One(1)216-square foot trash enclosure is proposed to be located near the northeast corner of the site.
The enclosure is proposed to be constructed of CMU walls with stucco overlay 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 screen walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location,height, and wattage is required to be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
R. SIGNAGE:
No signs are proposed with this application. A separate design review application(DR-2023-71)has
been submitted for the approval of the master sign plan criteria for the building.
Page 4 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes—Located within the landscaped area along State Highway 44
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
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
Eagle Fire Department
Eagle Sewer District
Flood Control District No. 10
Historic Preservation Commission
Idaho Department of Environmental Quality
Idaho Department of Fish and Game
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
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;
Page 5 of 17
KSPlanning DepdEagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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 for a mixture of uses including limited office,limited commercial and residential. Residential
densities within the designation is up to 20 units per acre but density will be determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within
this land use designation should be required to proceed through the PUD and/or development agreement
process. See the planning area text for a complete description of site specific uses.
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.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and natural
features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Scenic Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration,regional trails and connectivity.
Page 6 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
*Section B updated following City Council approval of the Amended and Restated Development
Agreement on August 13,2024
B. AMENDED AND RESTATED DEVELOPMENT AGREEMENT CONDITIONS OF
DEVELOPMENT WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.7 The multi-family building shall be constructed utilizing a "Craftsman" style of architecture
similar,but not limited to,the architecture shown on Exhibits D.The commercial/retail buildings
shall be constructed utilizing "Italianate, Craftsman, and/or Mediterranean," style architecture
and as shown on Exhibits E. The multi-family building and commercial buildings shall be
designed in conformance with the Eagle Architecture and Site Design Book utilizing four-sided
architecture.Eagle Design Review Board and City Council approval of the detailed architectural
plans for the development is required prior to the issuance of building permits for
commercial/retail buildings.
3.8 The commercial area of the Property as depicted on the Concept Plan is to be developed with a
combination of retail, restaurant, and bank uses allowed within Eagle City Code Section 8-2-3
"Official Schedule of District Regulations" under the C-2 zoning designation. The commercial
area shall be limited to a maximum of 80,000-square feet of enclosed area (i.e., enclosed with
walls and roof). No commercial building footprint shall exceed 30,000-square feet of enclosed
area(i.e.,enclosed with walls and roof).
3.9 Except for the limitations and allowances expressly set forth above and the other terms of this
Agreement,the Property can be developed and used consistent with the General Business District
and Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official
Schedule of District Regulations",existing at the time a design review application or conditional
use permit application(whichever the case may be)is made for individual building use.
All uses shown as "P" permitted under the C-2 zoning designation within Eagle City Code
Section 8-2-3"Official Schedule of District Regulations,"shall be considered permitted uses and
all uses shown as "C" conditional uses under the C-2 zoning designation shall require a
conditional use permit.
The following uses which are shown as"C" conditional uses under the MU zoning designation
within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be
permitted uses on the Property:
• Multi-Family Dwelling
In addition to all other uses prohibited within said section of Eagle City Code and on the entire
Property as noted above,the following uses shall also be prohibited on the Property:
• Adult Business;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery,plant materials;
• Small Engine Repair;
• Storage(enclosed building)
• Storage(fenced area)
3.10 The Restaurants(with drive-through) shall be limited to Pads 1, 3, and 5. 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 restaurant 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).
Page 7 of 17
K:\Planning DepNEagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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.
3.17 Owner shall install a three foot(3')high landscaped berm(measured from the centerline of State
Highway 44), or alternative method, within a 30-foot wide easement located adjacent to State
Highway 44. The berm area shall be landscaped with the following plants per 100-linear feet of
right of way:two(2)shade trees,three(3)evergreen,and twenty-four(24)shrubs.Each required
shade tree may be substituted with one (1) flowering/omamental tree, provided that not more
than fifty percent (50%) of the shade trees are substituted. The total number of trees shall be
twenty-five(25) and the total number of shrubs shall be four hundred and seventy-five(475)as
depicted in the plan provided on December 15, 2015 (Exhibits F). The landscape plan shall be
reviewed and approved by the Design Review Board prior to submittal of a final plat application.
3.19 Loading facilities or docks shall not be located on the south side of structures,where visible from
State Highway 44;however,delivery may be received on the south side of the building.
3.22 In addition to the landscaping required pursuant to Condition of Development 3.17(above),the
landscaping plan shall show enhanced landscaping located between the parking areas and State
Highway 44 (at a minimum as shown on Exhibits F). The landscaping plan shall be reviewed
and approved by the Design Review Board and City Council prior to issuance of a Zoning
Certificate for construction of any commercial buildings located within the parcels adjacent to
State Highway 44.
C. COMBINED PRELIMINARY/FINAL PLAT CONDITIONS OF APPROVAL WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
7. The subdivision and buildings shall be designed with architectural elements in compliance with the
Eagle Architecture and Site Design Book(EASD). The applicant shall submit a master building
design plan that shows general design criteria including composition, color, materials, and
architectural themes to be incorporated into the construction of all commercial buildings on the
site,with details showing how each building will complement the others with said design elements.
The master plan(including perimeter landscaping and parking lots)shall be reviewed and approved
by the Design Review Board prior to the issuance of any building permits for the site.(ECC 8-2A-
1 and ECC 8-2A-12)
D. 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);
Page 8 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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.
• Eagle City Code Section 8-2A-6(B)(4): Decks and patios:
a. Concrete(stamped fmish and smooth finish);
b. Brick pavers;
c. Wood-polymer composite lumber;
d. Wood(pressure treated,redwood).
• Eagle City Code Section 8-2A-7(K): Parking Lot Landscaping:
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot
with ten(10)spaces and above. The required amount of landscaping is based on a sliding
scale,as follows:
Total Number Percent Of Total Area Of A Lot That
Of Spaces Must Be An Interior Landscaped Area
51+ 10 percent
b. Additional Requirements:
(1) No interior planter shall be less than five feet(5')in any dimension.
(5) A terminal island for a single row of parking spaces shall be landscaped with at least
one tree and shrubs, ground cover, or grass. A terminal island for a double row of
parking spaces shall contain not less than two(2)trees and shrubs, ground cover,or
grass.
E. DISCUSSION:
• The applicant is requesting design review approval to construct a 6,304-square foot multi-tenant
restaurant with a drive through and retail building.The applicant's justification letter describes the
building as Craftsman style which is permitted within the development agreement and within the
EASD book. The justification letter states that the overall massing of the building incorporates
featured elements such as generous outdoor seating areas, staggered unit depths and heights for
visual interest, and iconic tower elements, which provide for a strong visual presence along both
State Highway 44 and South Edgewood Lane.Building materials include brick veneer,stucco,and
a combination of board and batten and horizontally oriented 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
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
Page 9 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
building to the surrounding vicinity to the Design Review Board.
• The applicant is proposing a 3-4-foot-high berm with landscaping along the west side (South
Edgewood Lane)and south side(State Highway 44).Pursuant to the development agreement 3.10,
the restaurants(with drive through)shall be limited to Pads 1,2,3a,and 5a. 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 State Highway 44 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.
• The landscape plan shows landscaping between the parking lot and State Highway 44. Pursuant to
development agreement condition no. 3.22 enhanced landscaping is required between the parking
area and State Highway 44. Staff defers comment regarding the landscaping between the parking
lot and State Highway 44 to the Design Review Board.
• The site and landscape plan show a patio area on the east and north sides of the building;however,
the patio material and fence detail(if applicable for future tenants)were not provided.The applicant
should be required to provide a revised site and landscape plan showing the material of the patio
areas and provide a detailed cutsheet showing the style, height, color, etc. of fencing around the
patio area(if applicable). The revised site and landscape plan and fence detail should be reviewed
and approved by staff and one member of the Design Review Board prior to the issuance of a
zoning certificate.
• The landscape plan shows 8%interior landscaping on the site.Pursuant to Eagle City Code Section
8-2A-7(K)(4), 10%interior landscaping is required for parking lots with 51+parking spaces. The
applicant should be required to provide a revised landscape plan showing 10%interior landscaping
on the site.The revised landscape plan should be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a zoning certificate.
• The landscape plan shows five interior landscape islands that are less than 5-feet wide.Pursuant to
Eagle City Code Section 8-2A-7(K)(4)(b)(1),no interior planter is permitted to be less than 5-feet
wide.
(D. - ,
1
ao
-—_,._-_tom 6 - - - -
j 1 -
,e� o
— - ® 0
t1 U
1c
• \` 1 I
1 1.
1 1
0
Page 10 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
The applicant should be required to provide a revised landscape plan showing all interior planters
a minimum of 5-feet wide. The revised landscape plan should be reviewed and approved by staff
prior to the issuance of a zoning certificate.
• The landscape plan shows one terminal island for a single row of parking spaces(located north of
the proposed patio area for the southern tenant space)without a tree. Pursuant to Eagle City Code
Section 8-2A-7(K)(4)(b)(5), a terminal island for a single row of parking spaces is required to be
landscaped with at least one tree and shrubs, ground cover, or grass. The applicant should be
required to provide a revised landscape plan showing all terminal islands proposed with trees. The
revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning
certificate.
• The site plan shows the limits of construction for the application extending to the center line of the
right-in only lane located north of the parking lot and center line of the common drive aisles located
to the north and east of the parking lot. The right-in only lane and common drive aisles are needed
to provide ingress/egress of the site.
:K: -•'ii.,,V\\,,' ,1
ig‘
li,13(,-;,,, - , - - ---
,\-- ,,,,,\ • , _rf, , i,,. , ir-i, ,
, ' 1�,tLJ ; :`ii .I-, z
41,, Q 1
J
i ,_,,,i ,,, miff -.--.--.-- trillirtU ttitlitfitU . ems ii a -.:_ _
mn
I
The applicant should be required to provide a revised site plan showing the entire width of the right-
in only lane and common drive aisles to the north and east(from the existing paved common access)
to be constructed as part of this application.The revised site plan should be reviewed and approved
by staff 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 April 25,2024, at
which time the Board made their decision.
Page 11 of 17
K:\Planning Dept\Eagle Applications1Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
BOARD DELIBERATION:
Upon completion of the applicant's and staff's presentations,the Board discussed during deliberation that:
• The Board is in favor of the building design materials and colors with the addition of site specific
condition no. 15.
• The Board is in favor of the proposed landscaping and drive through screen with the addition of site
specific condition no. 17.
• The Board is in favor of striking site specific conditions no.2-6,since the landscape plan,date stamped
by the City on April 25,2024,addressed the items.
BOARD DECISION:
The Board voted 4 to 0(Lindgren and Mihan recused; Greer absent)to recommend approval of DR-2023-
70 for a design review application for a multi-tenant restaurant with a drive-through and retail building,
with the site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions of law document,dated May 9,2024.
PUBLIC MEETING OF THE COUNCIL:
A. A meeting to consider the application was held before the City Council on August 27, 2024. The
application was continued to September 10,2024,at which time the Council made their decision.
COUNCIL DELIBERATION:
On August 27,2024,the Council discussed during deliberation that:
• The Council continued the item to provide the applicant additional time to address their concern
regarding the amount of stucco material used on the building, identify alternate stucco colors (other
than gray),and identify areas within the site to accommodate the use of angled parking.
COUNCIL DELIBERATION:
On September 10,2024,the Council discussed during deliberation that:
• The Council is in favor of the proposed building design,materials,and colors with the addition of site
specific condition no. 14.
• The Council is in favor of the proposed site layout and landscaping with the addition of site specific
condition no. 13.
*Angled parking was not included as a requirement.
COUNCIL DECISION:
The Council voted 3 to 1 (Kvamme against)to approve DR-2023-70 for a design review application for a
multi-tenant restaurant with a drive-through and retail building,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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR-06-16 and RZ-11-15 MOD.
2. Provide a revised site plan showing the entire width of the right-in only lane and common drive aisles
to the north and east to be constructed as part of this application.The revised site plan shall be reviewed
and approved by staff prior to the issuance of a zoning certificate.
3. All ground mounted transformers,cable,and phone boxes shall be screened by landscaping per Eagle
City Code.
Page 12 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
4. 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.
5. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
6. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
7. No ground mounted mechanical units are proposed with this application and none are approved.
8. Paint all electrical meters,phone boxes,etc. located on the building to match the color of the building.
9. No signs are proposed with this application and none are approved.
10. Provide a revised west building elevation showing the addition of an awning above the man door. The
revised elevation shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
11. Provide a revised lighting cutsheet for WW2,showing how the lighting complies with Eagle City Code
Section 8-4-4-2. The revised cutsheet shall be reviewed and approved by staff and one member of the
Design Review Board prior to the issuance of a zoning certificate.
12. Provide a revised landscape plan showing the signage and associated drive-through screen wall
constructed prior to a certificate of occupancy for the building. The signage (under a separate
application) is apart of the proposed drive-through screening. The revised landscape plan shall be
reviewed and approved by staff and two members of the Design Review Board prior to the issuance of
a zoning certificate.
13. The applicant shall address/fix the site drainage so that the sidewalk/pathwav located near the southwest
corner of the site(along SH-44)is never covered with water.The drainage solution(up to and including
elevating the sidewalk/pathwav) shall be reviewed and approved by staff and the City Engineer prior
to construction.The drainage problem shall be resolved prior to the issuance of a building permit.
14. Provide revised building elevations showing the potential sign location on the north building elevation
moved so that it does not conflict with the proposed landscaping. Provide a revised landscape plan
showing the addition of a taller shrub on the north side of the building(east of the landscaping near the
northwest corner of the building). The revised elevations and landscape plan shall be reviewed and
approved by staff prior to the issuance of a zoning certificate.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department,including but not limited to approval of the drainage system,curbs,gutters,
streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be
submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy,whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy,whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
Page 13 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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 (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
Page 14 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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.
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.
Page 15 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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. 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-2023-70) 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 with a drive-through and retail building is
permitted 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 with a drive-
through and retail building is designed to complement the general vicinity;
Page 16 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx
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. As approved with design review application DR-71-23,all signs 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 24th day of September 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
B Ike,Mayor
•����`t OF E,,
ATT ST: 4 CI� O R
.• <.
* .
•: SEAL,:
racy E. O rn, agle City Clerk ••air„1foR,,z,:r`:*
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.
Page 17 of 17
K:\Planning Dept\Eagle Applications\Dr\2023\East End Marketplace Bldg No.3 DR-70-23\East End Marketplace Bldg No.3 Findings CC.docx