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Findings - DR - 2003 - DR-05-03 - Construct A 3,100 Sq Ft Wendy's Restaurant/Drive Thru/Eagle River Development BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT A WENDY'S ) RESTAURANT WITH DRIVE THRU SERVICE WITIDN ) EAGLE RIVER DEVELOPMENT FOR WENCO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-O5-03 The above-entitled design review application came before the Eagle Design Review Board for their action on April 24, 2003. The Eagle Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Wenco, represented by Billy Ray Strite with BRS Architects, is requesting design review approval to construct a 3,100-square foot Wendy's Restaurant with drive thru. The site is located at the southeast corner of Eagle Road and East Eagle River Drive within Eagle River Development. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 5, 2003. C. NOTICE OF HEARING: Requests for agencies' reviews were transmitted on February 18, 2003 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a development agreement (including a concept plan) for this site. On April 24, 2001, the Eagle City Council approved a preliminary plat (PP-14-00) for this site. On May 8, 2001, the Eagle City Council approved a final plat (FP-13-0 1) for this site. On November 7, 2001, the Eagle City Council approved a combined preliminary and final plat (PP/FP-I-0 1) for this site. On February 25, 2003, the Eagle City Council approved a rezone and development agreement (RZ-06-02) for this site. E. COMPANION APPLICATIONS: None Page 1 of 15 K:\Planning DeptlEagle ApplicationsIDrl2003\DR-05-03 dTfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle District with Development River Development Agreement) Proposed No Change No Change Wendy's Restaurant with one drive-thru service lane North of site Commercial C-3-DA (Highway Business Eagle River DriveNacant District with Development lot within Eagle River Agreement) Development South of site Commercial C-3-DA (Highway Business Vacant lot within Eagle District with Development River Development Agreement) East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle District with Development River Development Agreement) West of site Public / Semi-Public & C-l (Neighborhood Business Eagle Road/North Channel Commercial District) Center Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: The parcel is currently vacant, with landscape borders on the west and north boundaries (improved with the development of Eagle River). Page 2 of 15 K:\Planning DeptlEagle Applications\Dr\2003\DR-05-03 drfdoc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.95-acres (41,382 S. F.) 0.03-acres (1300 S.F.) minimum Percentage of Site Devoted to 7% (approximately) 92% - (maximum - or as may be Building Coverage limited by ECC requirements) Percentage of Site Devoted to 26% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 40-spaces 16 - spaces, plus queue space for five cars for the drive-thru lane Front Setback 38-feet 0- feet minimum Rear Setback Il4-feet O-feet minimum Side Setback 30-feet 0- feet minimum Side Setback 85-feet 0- feet minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building will be constructed for the operation of a restaurant with one drive-thru service lane. Height and Number of Stories of Proposed Buildings: A single story building will be constructed, measuring 20-feet in height from the average ground level adjacent to the foundation to the top of the parapet wall. Gross Floor Area of Proposed Buildings: 3,1O0-square feet. On and Off-Site Circulation: The parking lot is served by one 30-foot wide shared driveway access on Eagle River Drive, with additional access provided through reciprocal ingress-egress easements among the adjacent lots. A drive-thru service lane will travel from the east end of the parking lot, along the northern side of the building and into the west end of the parking lot. K. BUILDING DESIGN FEATURES: Roof: Single ply membrane (white or silver) Walls: Brick/Smooth faced CMU/Stone (Mountain Red/Moondust/Aspen Dressed Field Stone) Windows/Doors: Aluminum storefront Fascia/Trim: Metal (Colonial Red) Other: Canvas canopies (Red/Tan) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are five existing trees within the 5' Page 3 of 15 K:\Planning DeptlEagle Applications\Dr\2003\DR-05-03 drfdoc wide landscape strip along Eagle River Drive and three existing trees located behind the Eagle River entrance sign. The applicant will retain and protect all eight of these trees. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Street Trees: The developer of Eagle River Development installed the street trees along Eagle River Drive. The applicant has not proposed street trees along Eagle Road. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping has been proposed abutting the northern boundary of this site along Eagle River Drive. Perimeter landscaping consisting of grass has been proposed abutting the western boundary of this site along Eagle Road. Continuous landscaping has not been proposed on the east and south property lines of this site because the parking lot will be integrated with the surrounding properties providing cross access between parcels. b. Interior Landscaping: 10% interior landscaping is required. 12% is proposed. M. TRASH ENCLOSURES: One 280-square foot trash enclosure is proposed to be located on the east side of the restaurant facility approximately 110-feet southwest of the driveway on Eagle River Drive. The enclosure is proposed to be constructed of CMU with cultured stone to match the building. The gates of the enclosure are proposed to be constructed of brown composite deck plank. N. MECHANICAL UNITS: The applicant will use roof top mechanical units. The roof top mechanical units are to be screened by the parapet wall of the building. The roof plan sheet DR-4, date stamped by the City on February 5, 2003, indicates that the height of the mechanical units with the curb is to be 60". The application states that the mechanical units are proposed to be 64" in height. The roof top mechanical units are required to be completely screened from view by the parapet walls. O. OUTDOOR LIGHTING: Four (4) 20-foot high, ISO-watt high pressure sodium shoe box light fixtures will be installed within the parking lot of this site. Nineteen (19) 100-watt incandescent wall mounted light fixtures will be installed on the exterior on the exterior elevations of the building. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from the Eagle Fire Department and Eagle Sewer District have been Page 4 of 15 K:\Planning DeptlEagle ApplicationsIDrI2003IDR-05-03 drfdoc received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction is required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - Yes - the site is located within the 100-year and 500-year floodplain Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required An environmental assessment plan was provided to and reviewed by the City Engineer for the Eagle River Development (a copy is on file with the City Engineer). In addition, because this site was included within the calculations for the Flood Plain Development Permit (FPDP-5-00) for the Eagle River Development, this development will not alter previously approved development plans. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District Division of Environmental Quality Eagle Fire Department Eagle Sewer District W. LETTERS FROM THE PUBLIC: Letter from Charles Carlise, managing partner of Eagle River LLC, dated January 31, 2003. STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Commercial. Page 5 of 15 K\Planning DeptlEagle ApplicationsIDr\2003IDR-05-03 drfdoc B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-1-2 ROOF-MOUNTED MECHANICALS: All equipment mounted above the roof plane of a building, including, but not limited to, heating and air conditioning equipment, antennas, satellite dishes, and other equipment necessary to establish a controlled interior environment. All roof-mounted mechanicals shall be screened from view. . Section 8-2A-6(A)(5)(b) The location and design of transformers, pad-mount and roof-mounted mechanicals and electrical equipment shall be reviewed and approved by the Design Review Board. All roof- mounted mechanicals shall be completely screened from view through the use of a parapet wall when utilizin~ a flat roof design or shall be enclosed within the building when utilizing a roof design other than a flat roof. Screened from view shall mean "not visible" at the same level or elevation of the parapet wall (e.g. the perspective generally as shown on an elevation plan). Section 8-2A-6(A)(6)(g)(3) . . Roof-mounted mechanicals, all vents protruding through the roof and similar features shall be painted so as to match the color of the roof. Section 8-2A- 7(K)(3) Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement does not hinder the ability to provide vehicular access between lots. a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. . Section 8-2A- 7(K)(2)(a-d) a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3: 1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30n) grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (Ord. 295, 8- 26-1997) d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. Page 6 of 15 K:\Planning Dept\Eagle Applications\Dr\2003\DR-05-03 drfdoc . Section 8-2A- 7(K)(4)(b)(3) Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. . Section 8-2A-7(K)(4)(b)(4) . Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet (6'). Section 8-2A-7(K)(4)(b)(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. Section 8-2A-7(L)(I)(a) . The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree and ten (10) shrubs for every thirty five feet (35') of street frontage. Two (2) ornamental or two (2) evergreen trees may be substituted for one shade tree. Section 8-4-4-6 One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi-family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle-Pedestrian Design Manual for Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be covered unless required by the design review board, or planning and zoning commission or city council. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE III - CONDITIONS ON DEVELOPMENT 1.2.7 Parking Lot Screening To reduce the visual impact of row upon row of parked cars and the glare of headlights at night, screen parking lots from view along borders with public streets. The creation of high walls however, should be avoided because of potential security and safety problems. Maximum screen height is to be three feet or as described in the City of Eagle Code 8.2A.7. This enables people to see out and be seen from the street and cars. . Parking lot screens may be made of all plant material or a combination of low walls or earth berms and supplementary plant material. . The plant material in all-plant walls should be of such a type and number to reach a height of three and a half (3 1/2) feet within three years and to be approximately 75% opaque year round. Page 7 of 15 K:\Planning DeptlEagle Applications\Dr\2003\DR-05-03 drf.doc . Designs for wall screens shall include some low foundation plant material to visually soften the wall. Walls may be constructed of wood, masonry, or concrete. Walls shall be generally sight-obscuring. . A minimum height of 42 inches is recommended (to hide shiny car bumpers, metal grilles and headlights) with a maximum height of four (4) feet to permit visual surveillance to and from the street. D. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The applicant shall install a minimum four-foot high (4') berm (measured from the finish grade ofthe adjacent drive thru lane to the top of the berm) and plant material along the western side of the drive thru lane to shield the glare of the restaurant drive thru patrons' headlights from the view of Eagle Road north bound motorists and pedestrians. The berm and plant material shall be extended to a point approximately ninety-feet (90') north of the southern property line (approximately twenty-five feet from the proposed terminus of the berm, as shown on the plans date stamped by the City on January 16,2003), which follows the curve line of the drive thru lane exit. Screening and planting details shall be submitted for review and approval by the Design Review Board prior to the issuance of any building permits. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and its effects on adjacent properties (sound not to be audible at more than one-hundred feet from source). Details shall be submitted for review and approval by the Design Review Board prior to the issuance of any building permits. The applicant is encouraged to provide a greater visual diversity along the northern side of the drive thru lane through the use of a combination of walls and/or a variety of plant materials. Screening and planting details shall be submitted for review and approval by the Design Review Board prior to the issuance of any building permits. . . E. DISCUSSION: . The applicant is proposing to use roof-mounted mechanical units with the construction of this building. Per Eagle City Code, all roof-mounted mechanical units are required to be completely screened from view through the use of a parapet wall or enclosed within the building. The applicant has shown details (i.e.: height and size) and the location ofthe mechanical units in relation to the parapet wall. However, the height of the mechanical units specified on the plans is different from the size specified within the application. The applicant should be required to provide cut sheet details showing height and size of the roof-top mechanical units and revised building elevation plans showing the ~ mechanical units being completely screened from view by the parapet wall. The cut sheet details of the mechanical units and the revised building elevation plans should be reviewed and approved by staff prior to issuance of a building permit. The landscape plan date stamped by the City on April 16, 2003, shows a two and one half foot (2 Y2') high berm adjacent to the drive thru lane (measured from finish grade of the adjacent drive thru lane to top of berm) along the western side of the drive thru lane. On April 8, 2003, the Eagle City Council reviewed a conditional use permit application (CU-I-03) for this site and required the applicant to install a minimum four-foot high (4') berm (measured from the finish grade of the adjacent drive thru lane to the top of the berm) and plant material along the western side of the drive thru lane to shield the glare of the restaurant drive thru patron's headlights from the view of Eagle Road north bound motorists and pedestrians. The berm and plant material shall be extended to a point approximately ninety-feet (90') north of the southern property line (approximately twenty-five feet from the proposed terminus of the berm, as shown on the plans . Page 8 of 15 K:IPlanning DeptlEagle ApplicationsIDr\2003IDR-05-03 drfdoc . date stamped by the City on January 16,2003, submitted with the conditional use application), which follows the curve line of the drive thru lane exit. Screening and planting details were required to be submitted for review and approval by the Design Review Board prior to the issuance of any building permits. The applicant should be required to provide a revised landscape plan showing a minimum four-foot (4') high berm (measured from the finish grade of the adjacent drive thru lane to the top of the berm) with plant material along the western side of the drive thru lane to shield the glare ofthe restaurant drive thru patron's headlights from the view of Eagle Road north bound motorists and pedestrians. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. The applicant has not proposed continuous landscaping around the perimeter of the east and south property lines of this site because the parking lot will be integrated with the surrounding properties and providing cross access between the parcels. Per Eagle City Code, a minimum five foot (5') wide perimeter landscaped strip is required between the property lines and the parking lot and should be planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staffs opinion that because this site's parking and access will be integrated with the surrounding properties and because the landscape buffer requirements of Eagle City Code and the design guidelines of Eagle River Development require extensive landscaping to buffer the parking lot from the public right-of-way, the applicant should not be required to provide a perimeter landscape strip on the east and south property lines. The applicant has proposed landscaping between the parking lot's western boundary and Eagle Road, which consists only of grass. Per Eagle City Code and the development agreement for Eagle River Development, a landscape strip is required to shield views of parked cars to passing motorists and pedestrians. The applicant should be required to provide additional plant material to be in compliance with Eagle City Code 8-2A-7(K)(2)(a-d) within the ten foot (10') wide landscape strip between the parking lot and the public right-of-way (Eagle Road). The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. . . On the original landscape plan date stamped by the City on February 5, 2003, the applicant indicated thirty six arborvitae were to be planted on the north side of the drive thru lane. On the revised landscape plan date stamped by the City on April 16, 2003, the applicant has reduced the amount of arborvitae to be planted on the north side of the drive thru lane to thirty three and introduced three Norway Maple trees. Pursuant to the approval of the conditional use application (CU-I-03), the applicant was encouraged to provide a greater visual diversity along the northern side of the drive thru lane through the use of a combination of walls and/or a variety of plant materials. Screening and planting details were required to be submitted for review and approval by the Design Review Board prior to the issuance of any building permits. The applicant should be required to provide a revised landscape plan providing greater visual diversity along the northern side of the drive thru lane through the use of a combination of walls and/or variety of plant materials. The revised landscape plan should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. This site is located at the southeast corner of Eagle Road and Eagle River Drive. The applicant has indicated that the parking lot for this site and a portion of the parking lot for the parcels located to the east and south of this site (Lot 2, Block 1, Mixed Use Subdivision No.2 and Lot 5, Block 1, Mixed Use Subdivision No.3), will be completed in conjunction with the construction of this site to provide access to Eagle River Drive. To date, a site plan showing these improvements has not been submitted to the City for review. The applicant should be required to work with the developer of Eagle River Development to complete all the asphalt, landscape . Page 9 of 15 K\Planning DeptlEagle Applications\Dr\2003\DR-05-03 drf.doc . islands, and drainage for all of Lot 2, Block 1, Mixed Use Subdivision No.2 and Lots 4 and 5, Block 1, Mixed Use Subdivision No.3, to provide a consistent pavement area. A plan showing all areas (except for the building pads) with asphalt, landscape islands, and drainage should be reviewed and approved by staff prior to the City accepting a building permit for this site. Per Eagle City Code and the master sign plan for the entire Eagle River Development, single tenant buildings are permitted to have two wall signs. In addition, this site is required to share one monument sign located on Eagle Road and one monument sign located on Eagle River Drive with the pad sites to the east and south ofthis site (Lot 2, Block 1, Mixed Use Subdivision No.2 and Lot 5, Block 1, Mixed Use Subdivision No.3). The applicant should be required to work with the property owner to the east and south to coordinate the placement and construction of the monument signs that will be shared by all three sites (Lot 2, Block 1, Mixed Use Subdivision No. 2 and Lot 5, Block 1, Mixed Use Subdivision No.3). Staff defers comment regarding building design and colors to the Design Review Board. . 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 was held on the application before the Design Review Board on April 24, 2003, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 5 to 0 (Bowen absent) to approve DR-05-03 for a design review application to construct a Wendy's restaurant with drive thru service within Eagle River Development for Wenco with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Provide cut sheet details showing height and size of the roof-top mechanical units and revised building elevation plans showing the same mechanical units being completely screened from view by the parapet wall. The cut sheet details of the mechanical units and the revised building elevation plans shall be reviewed and approved by staff prior to issuance of a building permit. 2. All roof vents protruding through the roof and similar features shall be painted to match the color of the roof. The applicant shall be required to paint all roof vents and similar features protruding through the roof a color to match the color of the roof. 3. Provide a revised landscape plan showing a minimum three foot (3') folH' foot (1 ') high berm (measured from the finish grade of the adjacent drive thru lane to the top of the berm) with plant material along the western side of the drive thru lane to shield the glare of the restaurant drive thru patron's headlights from the view of Eagle Road north bound motorists and pedestrians. The berm and plant material shall be extended to a point approximately one hundred and fifteen feet (115') north of the south property line. The revised landscape plan shall be reviewed and approved by the Page 10 of 15 K\Planning DeptlEagle ApplicationsIDr\2003\DR-05-03 drf doc Design Review Board prior to the City accepting a building permit for this site. 4. Provide additional plant material to be in compliance with Eagle City Code 8-2A- 7(K)(2)(a-d) within the ten foot (10') wide landscape strip between the parking lot and the public right-of-way (Eagle Road). The revised landscape plan shall be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. 5. The Board determined that the landscape plan date stamped by the City on April 24. 2003. shows a greater diversity along the northern side of the drive thru lane and is approved. Provide a revised landscape plafl providing greater 'lÏsual diversity along the nortHern side of the dri'/e th.-u lane through. the use of a eombination of walls and/or variety of plant materials. The re'lised landseape plan shall be re'liewed afld approved by the Design Revi@w ßoæ-d prior to the City accepting a building permit for this site. 6. The landscape plan date stamped by the City on April 24. 2003. showing a three inch (3") Hawthorn tree to be planted within the landscape island located on the west side of the parking spaces perpendicular to the restaurant. is approved. Provide a revised landseape plan showing a three inch (3") deciduous shade tree to be located within the landseape island located on the west side of the parki1'1g spaces perpefldiculæ- to the restaurant faeility. The re'lÏsed landseape plan shall be reviewed and apprøved by staff prior to the City aeeepting a buildÜ'lg permit for this site. 7. Work with the developer of Eagle River Development to complete all the asphalt, landscape islands, and drainage for all of Lots 4 and 5, Block 1, Mixed Use Subdivision No.3 and Lot 2, Block I, Mixed Use Subdivision No.2, to provide a consistent pavement area. A plan showing all areas (except for the building pads) with asphalt, landscape islands, and drainage shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 8. This site is allowed two monument signs to be shared with the parcels to the east and south (Lot 2, Block I, Mixed Use Subdivision No.2 and Lot 5, Block 1, Mixed Use Subdivision No.3). The applicant shall be required to work with the property owners to the east and south to coordinate monument signs (one to be located on Eagle Road and one to be located on Riverside Drive) that will be shared by all three sites (Lot 2, Block 1, Mixed Use Subdivision No.2 and Lots 4 and 5, Block 1, Mixed Use Subdivision No.3). 9. No signs are proposed with this application. A separate design review application is required for the approval any signs for this building. 10. Provide a bike raøk 01'1 this site. +he Dàetails showing the style, color, illld..size, and location ~ bike rack shall be reviewed and approved by staff and one member of the Design Review Board prior to the City accepting a building permit for this site. 11. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 12. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 13. Provide a revised landscape plan showing additional plant material on the north side of the drive thru aisle. near the northwest corner of the site. to shield the restaurant drive thru patron's headlights from the view of Eagle Road south bound motorists and pedestrians as they exit the drive thru window. The revised landscape plan shall be reviewed and approved by staff and one member of the Desi~ Review Board prior to the City accepting a building permit for this site. 14. Provide a revised landscape plan showing additional arborvitae along the western side of the drive thru aisle. All arborvitae on-site shall be a minimum of six feet (6') in height at time ofplanting. Page 11 of 15 K:\Planning DeptlEagle Applications\Dr\2003\DR-OS-03 drfdoc The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City acce.ptin~ a building permit for this site. 15. Provide a revised landscape plan showin~ the areas located at the entrance to the drive thru aisle. on the east and west sides. as berms. The revised landscape plan shall be reviewed and approved by staff prior to the City accepting a building permit for this site. 16. Provide revised building elevations showing the trash enclosure and screen wall the height as indicated on the plans date stamped by the City on April 4. 2003. The revised building elevations shall be reviewed and approved by staff prior to the City accepting a building permit for this site. STANDARD CONDITIONS OF APPROV AL: 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 any building permits or Certificate of Occupancy, whichever occurs first. 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 shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing( s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an Page 12 of 15 K:IPlanning DeptlEagle ApplicationsIDrI2003IDR-05-03 drfdoc 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 (I) 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. 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 Certificate of Occupancy. 10. 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. II. 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. 12. 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. II 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 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. 13. 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. Page 13 of 15 K:\Planning DeptlEagle Applicarions\Dr\2003\DR-05-03 drfdoc 14. 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. 15. 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. 16. The applicant shall obtain written approval of the development relative to the effects ofthe 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. 17. 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. 18. Basements in the flood plain are prohibited. 19. 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. 20. 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 Planning and Zoning Commission for review and approval. 21. 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. 22. 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 priQr 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. 23. 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. 24. 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 the Design Review Board approval date). 25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use oflandscaping (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. 26. 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 Page 14 of 15 K:\Planning DeptlEagle ApplicationsIDr\2003\DR-05-03 drfdoc any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on February 5,2003. 2. Requests for agencies' reviews were transmitted on February 18, 2003 in accordance with the requirements of the Eagle City Code. 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-05-03) 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. DATED this 8th day of May 2003. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho III """""" ~",I OF B.<{ ""#. ,.. ...<\~......... 0.( #~ !II) v" .. .. :(;> ~ / ... ~i'OR'1.ì'... " : . ...0 ..À . . ..v v'.. . . . . : * : -.- : * : . . -" . ~ ~c;EAL": : . . (\ " ,0,.. ~f.P"O ~..O~ '.. ;,~Þ(>?.,,-r.~..."1..: .." ". ~ .~>.~... ~",.." -, F \\) ".., ,...".""" ATTEST: Page 15 of 15 K:\Planning DeptlEagle Applications\Dr\2003\DR-05-O3 drfdoc