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Findings - DR - 2004 - DR-93-04 - Construct A 5395 Sq' Tire Shop For Big O Tires/2948 E State Street BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT A TIRE SHOP) WITHIN EAGLE PROMENADE FOR MARK PETERSON) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-93-04 The above-entitled design review application came before the Eagle Design Review Board for their action on September 9, 2004. 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: Mark Peterson, represented by David Everson with Gowland, Johanson and Zimmerman Architecture Inc., is requesting design review approval to construct a 5,395-square foot tire shop for Big 0 Tires. The site is located approximately 200-feet north of East State Street within Eagle Promenade at 2948 East State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on August 5, 2004. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on August 9, 2004, in accordance with the requirements of the Eagle City Code. D, HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 27, 2001, the Eagle City Council approved a preliminary plat (PP-18-00) for Eagle Towne & Country Centre for this site. On February 27, 2001, the Eagle City Council approved a conditional use permit for a shopping center (CU-18-00) for this site. On February 25, 2003, the Eagle City Council approved a final plat (FP-l-03) for YES Subdivision (also known as Eagle Towne & Country Centre) for this site. On February 24, 2004, the Eagle City Council approved a conditional use permit for a bank/financial institution with drive-up service for this site (CU-14-03). E. COMPANION APPLICATIONS: DR-90-04 (design review sign application) Page 1 of 11 K:\Plwl1ling Dept\Eagle Applications\Drl2004\DR.93-04 drf,doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: CaMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Commercial C-3 (Highway Business Vacant lot within Eagle District) Promenade Shopping Center Proposed No Change No Change Bank facility with three drive up service lanes North of site Commercial C-3 (Highway Business Vacant lot within Eagle District) Promenade Shopping Center South of site Mixed Use MU (Mixed Use) Proposed multi-tenant retail building/Vacant East of site Commercial C-3 (Highway Business Vacant lot within Eagle District) Promenade Shopping Center West of site Commercial C-3 (Highway Business Vacant lot within Eagle District) Promenade Shopping Center G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA H. EXISTING SITE CHARACTERISTICS: The vacant parcel is a part of the Eagle Promenade Shopping Center, with landscape borders on the west and south boundaries. In addition, portions of the shopping center parking and drive aisles have been completed. Page 2 of 11 K:\Planning Dept\Eagle Applicarions\Drl2004\DR-93-04 drf,doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 0.53-acres (25,403-square feet) 0.03-acres (1 ,300-square feet) (minimum) Percentage of Site Devoted to 21 % (approximately) 92% - (maximum) Building Coverage Percentage of Site Devoted to 42% (approximately) 10% (minimum) Landscaping Number of Parking Spaces 23-parking spaces 24-spaces (minimum) Front Setback 69-feet (south) O-feet minimum Rear Setback 13-feet (north) O-feet minimum Side Setback 18-feet (east) O-feet minimum Side Setback 46-feet (west) O-feet minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as a tire shop. Height and Number of Stories of Proposed Buildings: 25' high, one story. Gross Floor Area of Proposed Buildings: 5,395-square feet On and Off-Site Circulation: A more than adequately sized paved parking lot will provide parking for vehicles using this site. Ingress/egress to the site is to be provided by six access points located both on State Highway 44 and Horseshoe Bend Road. K. BUILDING DESIGN FEATURES: Roof: Single ply Walls: Split face CMU (moondust, canyon rust, brick red), Stucco (amerillo white), and Rock wainscoting (aspen bark) Windows/Doors: Aluminum (bronze) Fascia/Trim: Metal (painted to match color of building) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are no existing trees. Tree Replacement Calculations: N/ A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board Page 3 of 11 K\PlatUUng Dept\Eagle ApplicationslDrl2004\DR-93-04 drf,doc Street Trees: The street trees along East State Street were installed by the developers of Eagle Promenade. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/ A Parking Lot Landscaping: a. Perimeter Landscaping: Continuous landscaping has been installed around the perimeter of the entire parking lot for Eagle Promenade. b. Interior Landscaping: 10% interior landscaping is required, 11 % will be installed. M, TRASH ENCLOSURES: One 1O0-square foot trash enclosure is to be located at the northeast corner of the building. The enclosure is to be constructed of split face CMU with metal gates, all of which will match the materials and colors used in the construction of the building. N. MECHANICAL UNITS: The applicant is to use roof-top mechanical units. The roof-top mechanical units will be screened by the parapet walls. No ground mounted mechanical units are proposed and none are approved. 0, OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Design Review Board prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application (DR-90-04) has been submitted and is required for the approval of any signs for this site. The sign plan application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. Q. PUBLIC SERVICES A V AILABLE: Preliminary approval letters from Central District Health Department, Eagle Fire Department, Eagle Sewer District have 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. 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 - no Evidence of Erosion - no Fish Habitat - no Floodplain - 500-year Mature Trees - no Riparian Vegetation - no Page 4 of 11 K:\Plwl1ling Dept\Eagle ApplicationslDrl2004\DR-93-04 drf,doc 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 V. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Central District Health Eagle Fire Department Eagle Sewer District Idaho Power Company United Water Company W. LETTERS FROM THE PUBLIC: Letter from Ken Lenz, with White Leasure Development Company, dated August 12,2004 (incorporated herein by reference). 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 designates this site as Commercial. B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code 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. . Eagle City Code 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 utilizing: 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). Page 5 of 11 K:\Plamllng Dept\Eagle Applications\Drl2004\DR-93-04 drf,doc . Eagle City Code 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. . Eagle City Code 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. C. EAGLE TOWNE AND COUNTRY CENTRE DESIGN STANDARDS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.12 ROOFLINE AND ROOFTOP EQUIPMENT 3.12.2 Requirements 2. All mechanical rooms or mechanical equipment on rooftops shall be screened from a horizontal line of sight in all directions. Screening must be a part of the building design, not just "chicken coops" placed as an afterthought. 3. Air handling equipment on parapet roofs must be below parapet or kept back lO-feet from the roof edge. In no event will this equipment be allowed to be seen from neighboring parcels or streets. 3.13 TELECOMMUNICATION EQUIPMENT 3.13.2 Requirements 1. No antenna shall be visible from streets or neighborhood parcels. Microwave dishes and satellite dishes shall be placed in the middle of parapet roofs or valleys but, in no case may they be visible from the streets or highways. D. DISCUSSION: . The applicant has not proposed continuous landscaping around the perimeter of the parking lot on the north, south, east, or west boundaries because this site will be integrated with the properties to the north, south, east, and west providing cross access between these 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 planted with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of perimeter. It is staff s opinion that because this site will be integrated with the property to the north and east providing cross access between parcels that the applicant should not be required to provide a perimeter landscape strip on the north and west property lines. 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 September 9, 2004, at Page 6 of 11 K:\Platlllillg Dept\Eagle Applications\Drl2004\DR-93-04 drf,doc 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 applicantlrepresentative). BOARD DECISION: The Board voted 6 to 0 (Barnes absent) to approve DR-93-04 for a design review application to construct a tire shop within Eagle Promenade for Mark Peterson, 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. Provide a revised site plan showing the limits of construction for this site. The revised site plans shall show twenty four foot (24') wide drive aisles (minimum) to provide adequate on-site circulation. The revised site plan shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 2. Provide detailed cut sheets of the pedestrian amenities (i.e.: benches, pots, etc.) proposed within the plaza area located on the north side of the building. The detailed cut sheets shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 3. Provide a color for the bollards proposed on each side of the overhead doors that will complement the colors used in the construction of the building. The color of the bollards shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this site. 4. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to issuance of a building permit. 5. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 6, No signs are proposed with this application. A separate design review application (DR-90-04) has been submitted for the approval of a signage for this building. The sign application shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 7. Provide a revised landscape plan showing additional plant material to be installed within the southern landscape planter that runs along the north side of the eastlwest drive aisle. The additional plant material shall be installed from the pedestrian pathway (located adjacent to the west side of the landscape planter) to the landscape island located approximately one hundred-sixty feet (160') to the east. The revised landscape plan shall be reviewed and aPQroved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 8. Provide a revised landscape plan showing plant material with additional height and variety along the north side of the outdoor storage area (located near the northeast corner of the building). The revised landscape plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 9. Provide revised elevation plans showing additional architectural elements (i.e.: vertical columns, building wall lights, etc.) on the north and east building elevations. The revised elevations shall show additional architectural elements (i.e.: rock columns, bollard lights, etc.) on the north elevation of the screen wall. The revised elevation plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the City issuing a zoning certificate for this site. 10. All tire storage within the outdoor storage area (located near the northeast corner of the building) shall not exceed the height of the screen wall. Page 7 of 11 K:\Planning Dept\Eagle Applications\Drl2004\DR-93-04 drf,doc ST ANDARD 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 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 organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Street light plans shall be submitted and approved as to the location, height and wattage to the City Page 8 of 11 K:\Planning Dept\Eagle Applications\Drl2004\DR-93-04 drf,doc 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. 11. 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." 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 Councilor 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. 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 ofthe 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 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. 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 Page 9 of 11 K:\Planning Dept\Eagle ApplicationslDrl2004\DR-93-04 drf,doc 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 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. 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 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. 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 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 August 5, 2004. 2. Requests for agencies' reviews were transmitted on August 9, 2004, 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-93-04) 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. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, Page 10 of 11 K:\Phnming Dept\Eagle Applications\Drl2004\DR-93-04 drf,doc for the C-3 (Highway Business District) zoning district. DATED this 23rd day of September 2004. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ..""".II.h.,.,.. ..~ ..r OF". ,# .~ ~ '1- -C;:..A #, ~.. (¡~ .."....- "" 0 ',# ,/.- .... '( '".:. :: .- oRPOR", . '<f> . . . v '1.,>. . ~ :*: ~~: : : -.- : : : ~:ï. f' r : '* : ~ (/'I V' U 1 A r,~ :: ~.A.:-'" " ~ '#,-;'.,' ~:: ~ . . "-.. ' .,.' . 't.".. . - ,. ,.' Page 11 of 11 K:\Planning Dept\Eagle Applications\DrI2004\DR-93-04 drf,doc