Loading...
Findings - CC - 2019 - DR-38-19 - Construction Of A 7,060 Sq Ft Restaurant @ 165 E Colchester DrORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DESIGN REVIEW FOR A RESTAURANT ) BUILDING IN THE BRIDGES AT LAKEMOOR ) FOR MOR HOOD, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -38-19 The above -entitled design review application came before the Eagle City Council for their action on July 23, 2019. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Mor Hood, LLC, represented by James Marsh with CSHQA, is requesting design review approval to construct a 7,060 -square foot restaurant building. The 1.95 -acre site is located on the south side of East Colchester Drive at 165 East Colchester Drive within The Bridges at Lakemoor (Lot 7, Block 10, Lakemoor Commercial Subdivision). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 9, 2019. Revised materials (site and landscape plan) were received by the City on June 4, 2019. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on May 20, 2019, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANI PREVIOUS ACTIONS: On July 22, 2003, the City Council approved a Comprehensive Plan Amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone from RVI (Rural Urban Transitional) to MU - DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential -up to two dwelling units per acre) to MU -DA (Mixed Use with Development Agreement) for this site for B.W. Eagle, Inc (CPA -4-02, A-3-02 & RZ-5-02). On April 12, 2016, the City Council approved the final plat for Lakemoor Commercial Subdivision for Hawkins Companies, LLC (FP -02-16). On October 25, 2016, the City Council approved a development agreement modification (development agreement in lieu of a PUD) for Hawkins Companies (RZ-05-02 MODS). On February 9, 2017, the Design Review Board approved a design review application fora 7,230 - square foot restaurant building (DR -83-16). On June 27, 2017, the City Council approved the final plat for Lakemoor Commercial South Subdivision for Hawkins Companies (FP -11-17). On February 13, 2018, the City Council approved a design review application for a master sign plan for The Bridges at Lakemoor (DR -56-17). Page 1 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor ccf.docx For additional property history see: A-91/ R2-91/ PP -91, PP -03-05, FP-13-OS/FP-14-OS, RZ-05-02 MOD, FP -04-06, EXT -21-09, EXT -08-I1, RZ-05-02 MOD2, PP -03 -OS MOD, FP -04-13, FP -07-13, FP -08-I5, RZ-05-02 MOD3, RZ-03-16/RZ-05-02 MOD4 and PP -03 -OS MOD2. E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Mixed Use Proposed No Change ZONING DESIGNATION MU -DA (Mixed Use with a development agreement) No Change North of site Mixed Use MU -DA (Mixed Use with a development agreement) South of site Mixed Use East of site Mixed Use West of site Mixed Use LAND USE Lakemoor Commercial Subdivision, vacant land Restaurant building Single-family residential (Lakemoor Subdivision No. 3) MU -DA (Mixed Use with a Multi -tenant Office development agreement) Building (TSheets) MU -DA (Mixed Use with a development agreement) Single-family residential (Lakemoor Subdivision No. 3 and No. 5) MU -DA (Mixed Use with a Lakemoor Commercial development agreement) Subdivision, vacant land G. DESIGN REVIEW OVERLAY DISi'RICT: Not in the DDA, iDA, CEDA, or DSDA. H. URBAN RENEWAL DISiRICT: No I. EXISTING CHARACTERISTICS: The site has been developed with curb, gutter, and sidewalk adjacent to East Colchester Drive as part of Lakemoor Subdivision. Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor cct.docx J. Si'iEDATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.38 -acres (60,112 -square feet) 5,000 -square feet (minimum) Percentage of Site Devoted 1O% (approximately) 50% (maximum) to Building Coverage Percentage of Site Devoted 18% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 59 -parking spaces 47 -parking spaces (minimum) Front Setback (North) 40 -feet 20 -feet (minimum) Rear Setback (South) 46.5 -feet 20 -feet (minimum) Side Setback (West) 4 -feet 7.5 -feet (minimum) Side Setback (East) 27.5 -feet 7.5 -feet (minimum) K. PARKING ANALYSIS: Gross Floor Area of Proposed Restaurant: 7,060 -square feet Restaurant — 1 parking space per 150 -square feet of gross floor area 7,060/150 = 47 parking spaces • Eagle City Code Section 8-4-5 requires 1 parking space per 150 -square feet of gross floor area for a restaurant: Proposed Parking Spaces: 59 Required Parking Spaces: 47 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Restaurant") 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. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately 25 -foot, two-story structure. Gross Floor Area of Proposed Building: The proposed restaurant is approximately 7,060 -square feet. On and Off -Site Circulation: A 21,502 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25 -foot drive aisle provides ingress to the site from an internal north/south drive aisle. The internal north/south drive aisle provides access to East Colchester Drive and East Eagles Gate Drive. M. BUII.DING DESIGN FEATURES: Roof: 1.1PO (white), Roof Top Paves (concrete) Walls: Stucco (Thunder Gray), Concrete (Natural, Board Formed), Western Red Cedar (Cedar, Clear stain) Windows/Doors: Clear Glass, metal doors (Thunder Gray) Page 3 of 12 K:\Planning Dept\ = agle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor cct.docx Fascia/Trim: metal (black anodized), metal/steel mechanical screens (black) N. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: Existing trees located within the wetland area south of the building, and south of the sidewalk along East Colchester Drive will be retained. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Existing street trees are located along East Colchester Drive. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is proposed around the perimeter of the parking lot. b. Interior Landscaping: 8% interior landscaping is required, 9% is proposed. O. TRASH ENCLOSURES: One (1) 216 -square foot trash enclosure is proposed to be located east of the building. The enclosure is proposed to be constructed of Charcoal Gray stucco with metal gates; all of which will match the materials and colors used in the construction of the building. P. MECHANICAL UNITS: Q. The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by screen walls. No ground mounted mechanical units are proposed and none are approved. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage has been submitted and complies with Eagle City Code Section 8-4-4-2. R. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. S. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has not been received by the City; however, the applicant submitted a revised site plan to address their concerns previously addressed with DR -83-16. 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 F'IJTURE ACQUISITIONS MAP: No map currently exists. V. SPECIAL ON-Sri FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain — yes — 500 year Page 4 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor ccf.docx Mature Trees — yes — wetland area south of the building, street trees adjacent to East Colchester Drive Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no W. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (If REQUIRED): Not required. V. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Andeavor (fka Tesoro Logistics NW Pipeline) Eagle Fire Department Eagle Historic Preservation Committee Eagle Parks, Pathways, and Recreation Eagle Sewer District Republic Services W. LETTERS FROM THE PUBLIC: None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 14, 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 unites per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site-specific uses. B. DEVELOPMEN'i AGREEMENi CONDITIONS OF DEVELOPMEN1' WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.7 The maximum height of commercial buildings shall be 50 -feet; non -habitable architectural elements shall be a maximum height of 60 -feet. Multiple buildings are permitted to be located on the same lot, provided however, that the maximum lot coverage requirements stated in Eagle City Code are not exceeded. 3.8 All development on Property shall be consistent with the Commercial Design Guidelines (Exhibit D), attached hereto and incorporated herein by reference. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of Page 5 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor ccf.docx 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. D. DISCUSSION: • The applicant's justification letter states that the proposed restaurant complies with the standards identified in the development agreement. The building has been designed with exterior building materials which include board -form concrete, wood, and stucco to meet the modern farmhouse design style required within the development agreement. Staff defers comment regarding building design and colors to the Design Review Board. STAF'F 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 to consider the application was held before the Design Review Board on June 13, 2019. The application was continued to June 27, 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 31:35) On June 13, 2019, upon completion of the applicant's and staff's presentation, the Board discussed during deliberation that: • The architecture of the building should be addressed to provide more architectural style, materials, and colors present in the existing buildings in The Bridges at Lakemoor Development identified as "Modern Farmhouse" in the development agreement. • The compact parking spaces located adjacent to East Colchester Drive should be replaced with standard parking spaces and the drive aisle located north of the building should be widened to provide adequate room for delivery vehicles. • The applicant should explore screening the electric meter, gas meter, and other utilities within the storage room or on the southeast corner of the building. BOARD DELIBERATION: (Granicus time 14:17) On June 27, 2019, upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that: • The Board affirmed the applicant has addressed the concerns discussed at the previous meeting with regard the building elevations incorporate materials, colors, and architectural elements consistent with other buildings within The Bridges at Lakemoor Development. • The Board is in favor of the revised site plan, date stamped by the City on June 19, 2019, showing the northernmost row of parking with standard parking spaces and showing a wider drive aisle north of the building to accommodate delivery vehicles. Page6of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor cct.docx BOARD DECISION: The Board voted 6 to 0 (Schafer absent) to recommend approval of DR -38-19 for a design review application fora 7,060 -square foot restaurant building for Mor Hood, LLC, with the following site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated July 11, 2019. PUBLIC MEETING OF THE COUNCIL: A. A meeting to consider the application was held before the City Council on July 23, 2019, at which time the Council made their decision. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (not including the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve DR -38-19 for a design review application fora 7,060 -square foot restaurant building for Mor Hood, LLC, with the following Design Review Board recommended site specific conditions of approval and standard conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all applicable conditions of RZ05-02 and all subsequent modifications. 2. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 3. 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. 4. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 5. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 6. No ground mounted mechanical units are proposed with this application and none are approved. 7. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 8. No signs are proposed with this application and none are approved. 9. Provide a revised site plan showing the utility meters to be located on the southeast wall of the storage/cooler room and screened with landscaping or a screen wall. The revised site plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 10. Provide revised building elevations showing the fiber cement siding elements on the west side of the north building elevation finished with Nichiha (to match existing stained finish in the complex) on both sides. The revised building elevations shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 11. The letters shown on the north building elevation are for reference only. A separate design review application is required for all signage. 12. Provide a material sample and color board for all materials and colors proposed on the building. The material sample and color board shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor cc[docx 13. Provide a revised landscape plan matching the revised site plan, date stamped by the City on June 19, 2019, that shows the northernmost parking area with full size parking spaces and an additional interior landscape planter. The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 14. The revised building elevations, date stamped by the City on June 19, 2019, are approved. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) Page 8 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor ccf.docx has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a Page 9 of 12 KAPlanning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor ccf.docx path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for occupancy of this project. 24. 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). 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 Page lOof 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor cc[docx and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed design review application (DR -38-19) 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 Council reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a restaurant building 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 building is designed to be harmonious with the existing buildings within the development and 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 building; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the building has been designed with quality materials and has been designed to enhance the character of the area; 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 building is in conformance with the development agreement design guidelines; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the building is in conformance with the required setbacks and height restrictions permitted within the development; 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 there are pathways throughout the development and the parking lot has been designed with connectivity to the public streets; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the site has been designed with walkways that will connect to the overall development and adjacent public streets; 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 development, and will not cover nor detract from desirable architectural features. Page 11 of 12 K:\Planning Dept\Eagle Applications\Dr\2019\DR-38-19 Restaurant Bldg in Bridges at Lakemoor ccf.docx DATED this 23rd day of July 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, May721" or ATTEST: [ke—Cvive Sharon K. Bergmann, Eagle City Cler * • • SEAL • • \,:;, 4>,•••••°°® � "IPEIOfWoo' Page 12 of 12 K:APlanning Dept\Eagle Applications\Dr\201Y\DR-38-19 Restaurant Bldg in Bridges at Lakemoor cct.docx