Findings - DR - 2019 - DR-32-19 - Restaurant With Drive-Thru In Truman Cove Subd #1BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR A
RESTAURANT WITH DRIVE: -THROUGH
WITHIN TRUMAN COVE SUBDIVISION NO. 1
FOR RENNISON COMPANIES, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -32-19
The above -entitled design review application came before the Eagle Design Review Board for their action
on May 23, 2019. The 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:
Rennison Companies, Inc., represented by John Rennison, is requesting design review approval to
construct a 1,400 -square foot restaurant with drive-through. The 0.34 -acre site is located on the
southeast corner of the intersection of State Highway 44 and South Ancona Avenue at 2401 East State
Street, within Truman Cove Subdivision No. 1 (Lot 1, Block 1).
B. APPLICATION SUBMHTAL:
The City of Eagle received the application for this item on April 18, 2019. A site plan with revised site
date was received by the City on May 14, 2019.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on April 30, 2019, in accordance with the requirements
of the Eagle City Code.
D. HISTORY OF RELEVANI PREVIOUS ACTIONS:
On November 10, 2015, the Eagle City Council approved a rezone and preliminary plat for Eagle Lakes
Subdivision (RZ- 10-15 and PP -07 -IS).
On January 14, 2016, the Eagle Design Review Board approved a design review application for the
common area landscaping, nineteen (19) apartment buildings, and a clubhouse within Eagle Lakes
Subdivision (DR -58-15).
On January 14, 2016, the Eagle Design Review Board approved a design review sign application for a
subdivision entry monument sign for Eagle Lakes Subdivision (DR -59-15).
On January 12, 2017, the Eagle Design Review Board approved a design review modification to modify
the common area landscaping, location of eighteen (18) apartment buildings, and clubhouse within
Eagle Lakes Subdivision (DR -58-15 MOD).
On January 30, 2017, the Zoning Administrator approved a lot line adjustment (associated with the
subject site) for '[PC Brooklyn Park, Investors, LLC (LLA -O1-17).
On June 13, 2017, the Eagle City Council approved the final plat for Truman Cove Subdivision No. 1
(formerly known as Eagle Lakes Subdivision) (F'P-01-17).
On May 27, 2018, the Eagle City Council approved a development agreement modification for '1'YC
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Brooklyn Park Investors, LLC (RZ-1O-15 MOD).
On September 11, 2018, the City Council approved a development agreement (in lieu of a PUD)
modification and preliminary plat modification for Truman Cove Subdivision (fka Eagle Lakes
Subdivision), a previously approved 301 -unit, 80 -lot (51 -single-family, 6 -multi -family :consisting of
250 -units], 12 commercial, 10 -common, and 1 -private street) subdivision. The subdivision
modification includes 327 -units, 110 -lots (77 -single-family, 6 -multi -family _consisting of 250 -units],
12 -commercial, and 15 -common =consisting of 1 -private street, 1 -private alley, and 1 -access drive])
(RZ-1O-15 MOD2 & PP -07-15 MOD).
On November 13, 2018, the City Council approved a design review application for the common area
landscaping and entry feature within Truman Cove Subdivision No. 2 (DR -34-18).
On January 8, 2019, the City Council approved a modification to Condition of Development #3.6 of
the rezone development agreement associated with the approved Truman Cove Subdivision (RZ-10-15
MOD3).
On April 9, 2019, the City Council approved a design review application for the common area
landscaping and pool house within Truman Cove Subdivision No. 3 for John Rennison (DR -14-19).
E. COMPANION APPLICATIONS: DR -33-19 (Multi -Tenant Building with drive-through).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATlONS:
G.
H.
COMP PLAN
DESIGNATION
Existing Mixed Use and Scenic
Corridor
Proposed No Change
North of site Mixed Use and Scenic
Corridor
South of site Mixed Use and Scenic
Corridor
East of site
West of site
Mixed Use and Scenic
Corridor
Mixed Use and Scenic
Corridor
ZONING LAND USE
DESIGNATION
MU -DA (Mixed Use with
a development agreement
in lieu of a PUD)
No Change
BP (Business Park) and
MU (Mixed Use)
MU -DA (Mixed Use with
a development agreement
in lieu of a PUD)
MU -DA (Mixed Use with
a development agreement
in lieu of a PUD)
MU -DA (Mixed Use with
a development agreement
in lieu of a PUD)
Vacant land (Truman Cove
Subdivision No. 1)
Restaurant building with a drive-
through
State Highway 44/Mobile home
park
Vacant land (Truman Cove
Subdivision No. 1/East Riverside
Drive and vacant land (future
retail and office uses within
Truman Cove Subdivision No. 5)
Eagle Lakes Apartments
South Ancona Avenue/Flex space
building
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, iDA, CEDA, or DSDA.
URBAN RENEWAL DISIKICT: Yes
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I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, detached sidewalk, an 8 -foot wide landscape strip with
street trees along East Riverside Drive and South Ancona Avenue as part of street improvements along
the southern and western borders of the property. There are two driveways providing access to the three
commercial properties within Truman Cove Subdivision No. 1.
J. SII'E DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.34 -acres (14,974 -SF) 5,000 -square feet (minimum)
Percentage of Site Devoted 10% (approximately) 50% (maximum)
to Building Coverage
Percentage of Site Devoted 25.3% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 7 -parking spaces 7 -parking spaces (minimum)
Front Setback (North) 38 -feet 20 -feet (minimum)
Rear Setback (South) 35 -feet 20 -feet (minimum)
Side Setback (West) 40 -feet 7.5 -feet (minimum)
Side Setback (East) 38 -feet 7.5 -feet (minimum)
K. PARKING ANALYSIS:
Gross Floor Area of Proposed restaurant with drive-through: 1,400 -square feet
Restaurant with drive-through — 1 per 200 square feet of gross floor area; plus queue space for 5 cars
for drive up service
Development Agreement Note 3.6: Regarding the "proposed drive-through retail building 1,400 -
square feet," shown on the site plan as building A, shall be limited to a coffee house use.
• Eagle City Code Section 8-4-5 requires 1 parking spaces per 200 square feet of gross floor area; plus
queue space for 5 cars for drive up service:
Proposed Parking Spaces: 7
Required Parking Spaces: 7 (calculated based upon the above use identified in Eagle City Code Section
8-4-5: "Restaurant with drive-through")
L. GENERAL SIlE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (1) building to be utilized as a restaurant with drive-through.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing a 25' 8" high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed restaurant is approximately 1,400 -square feet.
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On and Off -Site Circulation:
A paved parking area provides parking for vehicles using this site that is accessed from two driveways
located on South Ancona Avenue. Properties on the site will share cross access.
M. BUu,DING DESIGN FEATURES:
Roof: Single ply/standing slim seam metal (White/Gavalume)
Walls: Stucco/EFIS (Moonshine), fiber cement board (River Rock)
Windows/Doors: Aluminum storefront (Charcoal)
Fascia/Trim: Metal (Roman Clover), porcelain tile (Azul + Limestone + Black Line), metal coping
(Hale Navy)
N. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: The existing street trees along East Riverside
Drive and South Ancona Avenue 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 were installed along East Riverside Drive and South Ancona Avenue by the
developer of Truman Cove Subdivision (flea Eagle Lakes Subdivision).
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: 5% interior landscaping is required, 5% is proposed.
O. TRASH ENCLOSURES:
One (1) 216 -square foot trash enclosure is proposed to be located near the southern driveway located
on South Ancona Avenue. Elevations of the trash enclosure were not provided. Detailed elevations of
the trash enclosure showing height, length, width, colors, materials, and style of gates are required to
be reviewed and approved by the Design Review Board prior to issuance of any building permits. The
trash enclosure will be shared with other tenants located on the overall site within Lots 1-3, Block 1.
A shared trash enclosure agreement should be required to provide all tenants access to this trash
enclosure.
P. MECHANICAL UNITS:
The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units
are proposed to be screened by parapet walls. No ground mounted mechanical units are proposed and
none are approved.
Q. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage of all site and building lighting
has been provided (attached hereto). Detailed cut sheets have been provided which comply with Eagle
City Code Section 8-4-4-2 (attached hereto).
R. SIGNAGE:
No signs are proposed with this application and none are approved. A separate Design Review
application is required to be reviewed and approved prior to any signs being constructed and installed
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on this building.
S. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City. A water
service approval has not been received to date. Approval of the water company having jurisdiction
will be required prior to issuance of a building permit.
T. PUBLIC USES PROPOSED: None.
U. PUBLIC USES SHOWN ON FLJTURE ACQUISITIONS MAP: No map currently exists.
V. SPECIAL ON-Si'i'E FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees — yes — street trees exist along East Riverside Drive and South Ancona Avenue
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek — yes — tiled drainage ditch located on the east side of the property
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (LN REQUIRED):
Not required.
X. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Andeavor (fka Tesoro Logistics NW Pipeline)
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Department of Transportation
Republic Services
Y. LE'II'ERS F'ROM THS PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 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 way from downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or development agreement
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process. See the planning area text for a complete description of site specific uses.
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.
B. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMEN'I' WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
3.6 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 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 MU 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 MU zoning designation shall require a
conditional use permit, except that the residential portions of the Property described in Section
3.3 shall not require a conditional use permit.
The following uses which are shown as "C" conditional uses or prohibited 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:
• Apartment
• Multi -family dwelling
• Daycare Center
• Coffee Shop with Drive Up Service
■ Commercial Entertainment Facilities (Indoor and Outdoor)
■ Drugstore with Drive Up Service
• Hotel
• Nursing/Convalescent Home
• Parking Lot, Parking Garage, Commercial
in Retail Sales (General)
• Retail Sales (Limited)
• Smoothie/Juice Shop with Drive Up Service
• Storage (Enclosed Building)
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:
• Residential, Mobile Home (Single Unit);
• Residential, Mobile Home (Single Unit Temporary Living Quarters);
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• Residential, Mobile Home Park;
• Adult Business;
• Automotive washing facility;
• Cemetery;
• Circuses and Carnivals;
• Drive -In Theatre;
• Equipment Rental and Sales Yard;
• Kennel;
• Nursery, plant materials;
• Riding Academies/Stables;
• Small Engine Repair;
• Storage (fenced area);
In addition, the "Proposed Drive Thru Retail Building 1,400 SF" as shown on the Concept Plan
(Exhibit D), shall be limited to a coffee house use. The "Proposed Drive Thru End Cap" (Retail
Building 8,000 SF) as shown on the Concept Plan (Exhibit D) shall be limited to a
smoothie/juice shop or drugstore use.
3.61 Any building with a proposed drive-through shall be designed in such a way as to compliment the
overall character of the development and design styles exceeding the standard utilitarian look of a
building with a drive-through shall be required. The Owner shall also provide a minimum forty-
eight inch (48") high berm, decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall, landscaping, or combination thereof within the buffer area adjacent to the
drive-through lane to reduce the impact of the vehicles utilizing the drive-through lane (i.e. vehicle
headlights and vehicle cueing), as shown on Exhibit E 1-2.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDJNG 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 -7(C)(2): Existing Vegetation:
2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the
tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with
subsection Cl of this section.
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D. DISCUSSION:
• The applicant is requesting design review approval to construct one (1) 1,400 -square foot restaurant
with drive-through. The building design follows a more contemporary Italianate style architecture
with an asymmetrical arrangement of focal element features than as defined within the Eagle
Architecture and Site Design Book. A mix of materials, incorporating stucco, a natural -looking
fiber cement board, and a decorative porcelain file below the windowsills, keeps the exterior
elevation interesting. A patio with outdoor seating is located on the south side of the building near
the entrance. Store front windows and man doors face east and south.
The north building elevation should be revised to incorporate additional materials and details to
provide architectural interest to match the other building elevation facades. The applicant should
be required to provide revised building elevations showing additional materials and architectural
interest on the north building elevation. The revised building elevations should be reviewed and
approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning
certificate.
• The site and landscape plan show a patio area south of the restaurant, however, no cutsheets for
benches, tables, etc. were provided. The applicant should be required to provide detailed cutsheets
of all benches, tables, etc. to be utilized within the patio area showing the size, style, color, etc. The
detailed cutsheets should be reviewed and approved by staff and one (1) member of the Design
Review Board prior to the issuance of a zoning certificate.
• The proposed restaurant with drive-through, shown on the site plan, date stamped by the City on
April 18, 2019, is to be located within Lot 1, Block 1 of Truman Cove Subdivision No. 1. The
final plat for Truman Cove Subdivision No. 1 has not been recorded to date. Based on the review
of the application being site specific, the applicant should be required to provide a recorded copy
of the final plat for Truman Cove Subdivision No. 1 prior to issuance of a zoning certificate for
the restaurant with drive-through.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and the standard conditions of approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on May 23, 2019, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 2:27:09)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board is in favor of the architectural design, materials, and colors, and agree additional
architectural interest shall be incorporated on the north building elevation.
• The Board is in favor of the trash enclosure being moved to a more central location within the site or
provide a second trash enclosure to be utilized by the two (2) proposed buildings and one (1) future
building.
• The Board is in favor of the having the utility boxes, meters, and menu board shown on a revised
site/landscape plan with screening of a majority of evergreen plant material along the drive-through.
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BOARD DECISION:
The Board voted 5 to 0 (Brasher and Grubb absent) to recommend approval of DR -32-19 for a design
review application to construct a 1,400 -square foot restaurant with drive-through for Rennison
Companies, Inc., with the following staff recommended site specific conditions of approval and standard
conditions of approval with text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-10-15, PP -07-15, DR -58.-15, DR -59-15, DR -34-18, DR -
14 -19 and any subsequent modifications.
2. Any plant material damaged during construction shall be replaced in accordance with Eagle City
Code Section 8 -2A -7(C)(2) prior to issuance of a certificate of completion.
3. All existing landscaping shall be protected and retained during construction.
4. Provide revised building elevations showing additional materials and architectural interest on the
north building elevation. The revised building elevations shall be reviewed and approved by staff and
one (1) member of the Design Review Board prior to the issuance of a zoning certificate.
5. Provide detailed cutsheets of all benches, tables, etc. to be utilized within the patio area showing the
size, style, color, etc. The detailed cutsheets shall be reviewed and approved by staff and one (1)
member of the Design Review Board prior to the issuance of a zoning certificate.
6. Provide a recorded copy of the final plat for Truman Cove Subdivision No. 1 prior to issuance of a
zoning certificate for the restaurant with drive-through.
7. Provide an executed shared trash enclosure use agreement with the two other property owners located
within Truman Subdivision No. 1 prior to the issuance of a zoning certificate. The agreement shall be
reviewed and approved by the City prior to execution.
8. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
9. 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.
10. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
11. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
12. No ground mounted mechanical units are proposed with this application and none are approved.
13. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
14. No signs are proposed with this application and none are approved.
15. Provide a revised site and landscape plan showing the location of all utilities, utility boxes, meters,
and the menu board location for the drive-through. The landscape plan shall show how the utilities,
utility boxes and meter will be screened from view by landscaping. The revised site and landscape
plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior
to the issuance of a zoning certificate.
16. Provide a revised site plan showing the trash enclosure to be centrally located within the development
or provide a second trash enclosure location located closer to the two (2) northern buildings. The
revised site plan shall be reviewed and approved by staff and two (2) members of the Design Review
Board prior to the issuance of a zoning certificate.
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17. Provide a full size landscape plan to be reviewed and approved by staff and two (2) members of the
Design Review Board prior to the issuance of a zoning certificate. The plan shall show the drive-
through lane is appropriately screened with plant material, which the majority shall be evergreen plant
material. The landscape plan shall include plant material of varying height along the north building
elevation to help break up the north building elevation. The plan shall show how the menu boards,.
utilities boxes, and meters are to be screened.
18. Provide a copy of the CC&R' s adding the language that individual trash cans/totes shall not be
permitted to be located outside the facility. A copy of the CC&R' s shall be provided to the City 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 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, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
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or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall 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,
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whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The 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
Commission and/or Council.
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/or 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. 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.
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).
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -32-19) 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 Board 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 restaurant with drive-through is permitted with the approval of a design
review application within the MU -DA (Mixed Use with a development agreement in lieu of a PUD)
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 restaurant with drive-through is designed
to complement the general vicinity;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a
restaurant with drive-through;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and City,
and where possible, enhance the continuity of thematically common architectural features since the
proposed building has been designed with quality materials that are consistent with a contemporary
Italianate architectural style and will harmonize with the existing multi -family residential
subdivision and other retail and office buildings in the vicinity;
E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings since the proposed
restaurant with drive-through has been designed in accordance with the Eagle Architectural and
Site Design Book and have been designed to complement the other retail and office buildings in
the vicinity;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the proposed restaurant with drive-through is in conformance with the required
setbacks and height restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the site has been
designed with a sidewalk and pathway that provides for pedestrian connectivity within the site and
access to the other pad sites within other phases of the Truman Cove Subdivision;
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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 residential and commercial center in the
area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the subdivision, and will not cover nor detract from
desirable architectural features.
DATED this 13t' day of June 2019.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Craig Br-gash-rer, Chairman
ATTEST_ :
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haron K. Bergmann, Eagle City Clerk
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