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
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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).
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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'
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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
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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.
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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.
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.
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.
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. 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
.
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.
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
.
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.
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
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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.
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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
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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.
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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
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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
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