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)
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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.
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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
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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
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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).
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.
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
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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.
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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
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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
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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,
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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
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