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Findings - DR - 2014 - DR-14-14 - Construct An Automotive Washing Facility For Epic Car Wash BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR ) A DESIGN REVIEW TO CONSTRUCT AN ) AUTOMOTIVE WASHING FACILITY FOR EPIC ) SHINE CAR WASH FOR DOUG ATWOOD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR-14-14 The above-entitled design review application came before the Eagle Design Review Board for their action on March 27, 2014. 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: Doug Atwood, represented by John Day with Radix Construction Inc., is requesting design review approval to construct a 5,251-square foot automotive washing facility for Epic Shine Car Wash. The 1.04-acre site is generally located on the northeast corner of North Linder Road and Chinden Boulevard at 6520 North Linder Road within Eagle Island Marketplace. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on February 20, 2014. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on February 24, 2014, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 24, 2009, the Eagle City Council approved a Comprehensive Plan Map and Text amendment and annexation (once contiguous) and a rezone with development agreement for this site (CPA-5-08 &A-03-08 &RZ-08-08). On July 14, 2009,the Eagle City Council approved a design review application for the common area landscaping for Eagle Island Marketplace, including Fred Meyer and eight(8)multi-tenant retail/restaurant buildings within Lazy P Subdivision (aka Eagle Island Marketplace) (DR-13-09). On July 14, 2009, the Eagle City Council approved a design review application for the master sign plan for Eagle Island Marketplace(DR-14-09). On November 10, 2010, the Ada County Board of County Commissioners approved a comprehensive plan amendment, rezone with development agreement, master site plan and preliminary plat for Eagle Island Marketplace(CPA-05-08, A-03-08, and RZ-08-08). On November 23, 2010, the Eagle City Council approved Ordinance No. 652 for an annexation and rezone with development agreement of the property associated with Eagle Island Marketplace. Ordinance No. 652 also recognized the vested development rights associated with the approved Ada County preliminary plat application number 201000571-S. On February 8, 2011, the Eagle City Council approved a final plat application for the Lazy P Subdivision (FP-01-11). Page 1 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf doc On April 5, 2012, Eagle City Staff approved a design review sign application to modify the master sign plan for Eagle Island Marketplace (DR-14-09 MOD). E. COMPANION APPLICATIONS: DR-15-14 (design review sign application) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use C-3-DA (Highway Business Vacant Lot within Eagle Professional Office District with development Island Marketplace Commercial agreement) Proposed No Change No Change Restaurant with Drive-thru Service North of site Mixed Use C-3-DA(Highway Business Bank with Drive-up Professional Office District with development Service within Eagle Island Commercial agreement) Marketplace South of site Mixed Use C-3-DA(Highway Business Vacant Lot within Eagle Professional Office District with development Island Marketplace Commercial agreement) East of site Mixed Use C-3-DA (Highway Business Fred Meyer within Eagle Professional Office District with development Island Marketplace Commercial agreement) West of site Mixed Use Community RUT(Rural Urban Transition Residential Dwellings —Ada County designation) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: Vacant lot within Lazy P Subdivision (Eagle Island Marketplace). Page 2 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf.doc I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.04-acres(45,202-square feet) 0.03-acres(1,300-square feet) (minimum) Percentage of Site Devoted to 12% (approximately) 92% (maximum) Building Coverage Percentage of Site Devoted to 48%(approximately) 10% (minimum) Landscaping Number of Parking Spaces 2-parking spaces 2-parking spaces(minimum) With 14-vacuum stalls Front Setback 92-feet(west) 0-feet Rear Setback 128-feet(east) 0-feet Side Setback 82-feet(south) 0-feet Side Setback 33-feet(north) 0-feet J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building to be used as an automotive washing facility. Height and Number of Stories of Proposed Buildings: 29' 8"high; one story. Gross Floor Area of Proposed Buildings: 5,251-square feet. On and Off-Site Circulation: A 17,500-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 70-foot wide driveway is proposed to be located on the north side of this site approximately 35-feet east of the north/south internal loop road providing access to the east/west internal loop road within Eagle Island Marketplace. K. BUILDING DESIGN FEATURES: Roof: Metal (fern green), TPO (white) Walls: Stucco(white,beige, brown), brick veneer, wood(green) Windows/Doors: Dark bronze anodized aluminum windows, metal doors(green) Fascia/Trim: Metal coping, Canvas awnings,brass finials 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 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drfdoc Street Trees: The street trees were installed by the developer of Eagle Island Marketplace. 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 area. b. Interior Landscaping: 5% interior landscaping is required, 10% is proposed. M. TRASH ENCLOSURES: One 150-square foot trash enclosure is proposed to be located along the north side of the site approximately 30-feet south of the east/west ingress/egress drive aisle within Eagle Island Marketplace. The enclosure is proposed to be constructed of CMU walls finished with stucco to match the building with metal gates, all of which the colors used will match that used on the building. N. MECHANICAL UNITS: The applicant is proposing to use roof mounted mechanical units. The roof mounted mechanical units are proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed and none are approved. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required for the approval of any signs. Q. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Eagle Sewer District and Meridian Fire Department 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-none Evidence of Erosion-no Fish Habitat-no Floodplain-no Mature Trees-no Riparian Vegetation-no Steep Slopes-no Page 4 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drfdoc Stream/Creek-no Unique Animal Life-no Unique Plant Life -no Unstable Soils-unknown 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: Ada County Highway District Allied Waste Services Boise Flood Control District No. 10 Eagle Sewer District Idaho Transportation Department Tesoro Logistics Meridian Fire Department W. LETTERS FROM THE 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 designates this site as Commercial. B. PRE ANNEXATION AND DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design Review), and be generally consistent with the Concept Plan, provided, however, it is the intent of this Agreement to allow flexibility at the time a detailed plan and platting are submitted to Eagle so long as the general intent of the Concept Plan and the requirements set forth in this Agreement are met. If Applicant develops the Property prior to annexation under the jurisdiction of Ada County, the Applicant shall apply for Design Review approval in Eagle and the County shall not issue a zoning certificate or building permit for the Project until Eagle has provided the County with a letter of approval and/or conditions of approval for the Project resulting from that Design Review approval. 3.9 All development of the Property shall be consistent with Landscape Guidelines, site Design Guidelines, and Architectural Guidelines compiled in connection with the Eagle Design Review Process, and shall be generally consistent with the Concept Plan,provided that the development guidelines do not conflict with Section 3.2 of this Agreement. The Applicant shall submit a Design Review site layout and landscape application for the site, and shall comply with all conditions required by Eagle as part of Design Review prior to submittal of final plat. 3.14 In addition to the sidewalks proposed around the perimeter of the development(see Concept Plan),the applicant will design the proposed interior parking lot pathways(sidewalks)to Page 5 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf.doc provide optimum pedestrian interconnectivity to all portions of the site which should reduce the need to drive from store to store and should promote enhanced pedestrian movement within the site. The site is to be designed with shelters, "kiosks" pergolas, etc., in strategic locations to provide refuge and visual relief to pedestrians traversing the parking lot. The concrete sidewalks along Linder Road and Chinden Boulevard shall be a minimum of 6-foot wide and configured in a meandering pattern compliant with all ADA requirements. 3.15 The Applicant shall construct outdoor plaza areas in strategic locations within the development and in front of the buildings to accommodate and facilitate gathering points for users of the development. These plaza areas shall include items such as seating areas, art work, fountains, landscaping, drinking fountains,bike racks, or similar features designed and displayed in a manner that lends to establishing a common theme or identity to the development. 3.18 The development shall include buffers pursuant to Eagle City Code 8-3-3 D. All service areas (loading bays,trash compactors, etc.)shall be designed to lessen impacts (noise, glare, odors, etc.)upon adjacent residential uses. The storage of materials,packing supplies, and merchandise is prohibited within the service-drive aisle and service areas. Tasteful displays of merchandise may be permitted outdoors if approved through a development application. 3.20 The Applicant shall provide for and include a cross access agreement between all lots within the development to provide and facilitate shared access to the public rights-of-way. The cross access agreement shall be reviewed and approved by the City Attorney for both form and content prior to issuance of a zoning certificate. The cross access agreement shall be executed and recorded prior to the issuance of a zoning certificate. C. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: AUTOMOTIVE WASHING FACILITY: An establishment or area that provides facilities for washing and cleaning vehicles,which may use production line methods with a conveyor, blower, or other mechanical devices, and that may employ some hand labor. The facility may include vacuums and drying areas as accessory uses. • Eagle City Code Section 8-2A-5(E) Eagle Architecture And Site Design Book-EASD: The purpose of the EASD book is to show, through the use of pictures and text, specific period architectural styles,themes, and elements envisioned through the requirements of this article. The EASD book, established through a resolution of the city council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, exhibit A- 1 may only be modified through an ordinance amendment. The architecture styles found in the EASD book are permitted styles. Architectural styles not shown within the EASD book will not be considered. A copy of the EASD book is available at Eagle city hall. • 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 Page 6 of 14 K.\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf doc plan); • Eagle City Code Section 8-2A-7(B)(4) If only a portion of a property is being developed, and if the city does not require improvements on the entire property, improvements to landscape shall continue a minimum of twenty five feet(25')(on site)beyond the proposed development. • Eagle City Code Section 8-2A-7(J)(2)(c) To conceal outdoor storage areas,trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot(5')wide by six foot(6')high landscaped buffer is required. • Eagle City Code Section 8-2A-7(K)(4)(b) (I)No interior planter shall be less than five feet(5') in any dimension. (2)No parking space shall be more than sixty feet(60')from an interior landscaped area. (3)Parking islands are to be as evenly spaced as feasible throughout the lot to consistently reduce the visual impact of long rows of parked cars. (4)Deciduous shade trees and ground covers or low shrubs are recommended as primary plantings in interior landscaped areas. Deciduous shade trees are to be clear branched to a height of six feet(6'). (5)A terminal island for a single row of parking spaces shall be landscaped with at least one tree and shrubs, ground cover, or grass. A terminal island for a double row of parking spaces shall contain not less than two (2)trees and shrubs, ground cover, or grass. • Eagle City Code Section 8-4-4-2(A)(5) 5. Light pole fixtures shall have a maximum height of: a. Twenty feet(20')for parking lots with less than two hundred(200) spaces; • Eagle City Code Section 8-4-4-2(A)(6) Except as may be noted within this subsection A, low pressure sodium lights, or 250 watt maximum high pressure sodium lights, shall be the only type of site lighting permitted. • Eagle City Code Section 8-4-5 Automobile washing facility 1 per 200 square feet of gross floor area of sales, office, or lounge area; plus queue for 3 cars per washing station D. DISCUSSION: • The applicant has submitted a design review application requesting approval to construct an automotive washing facility within Eagle Island Marketplace for Epic Shine Car Wash. Per the applicant's justification letter, date stamped by the City on February 20, 2014,they are proposing to construct the building in accordance with the Italianate style of architecture as depicted within the EASD book. Through the use of symmetrically laid out window openings with false columns with canvas awnings over them on the west building elevation. In order to give the smaller windows on the west building elevation, painted raised wood panels have been added under the windows to give them a tall narrow look often found in Italianate architecture. Due to the function of this building,the building is very long and narrow. It is staffs opinion that the applicant has provide building elevations with great detail in order to break up the length of the building by Page 7 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf.doc adding parapet walls, false columns, windows,tower elements. Through the use of materials and colors the building has the appearance to have great depth to building. • The automotive washing facility is proposed to be located on the western portion of Lot 11, Block 1 of Lazy P Subdivision. The application and site/landscape plans submitted indicate this site is only a 1.04-acres. Lot 11, Block 1 of Lazy P Subdivision is 2.57-acres. The applicant should be required to submit a combined preliminary/final plat application to split this 1.04-acre from the overall 2.57-acre parcel. The combined preliminary/final plat application should be reviewed and approved by City Council prior to issuance of a certificate of occupancy for this site. Pursuant to Eagle City Code, if only a portion of the property is being developed, improvements to landscape are to continue a minimum of twenty five feet(25')beyond the proposed development. If the applicant does not receive approval of a combined preliminary/final plat application to split the 1.04-acre area from the 2.57-acre parcel, the applicant should be required to provide a revised landscape plan showing twenty five feet(25')of landscaping extending east from the east side of the building. The revised landscape plan should be reviewed and approved by staff prior to the issuance of zoning certificate. • The trash enclosure is proposed to be located at the northwest corner of the building, at the northern most end of the parking/vacuum parking spaces. Pursuant to Eagle City Code, no interior planter is to be less than five feet(5') in any dimension. The applicant should be required to provide a revised landscape plan showing the landscape area on the south side of the trash enclosure to be a minimum of five feet(5') in width. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site and landscape plans, date stamped by the City on February 20, 2014, show 16-parking spaces to be locate on the west side of the automotive washing facility. Pursuant to Eagle City Code, no parking space shall be more than sixty feet(60')from an interior landscaped area and parking islands are to be as evenly spaced throughout the lot to consistently reduce the visual impact of long rows of parked cars. The applicant should be required to provide a revised landscape plan showing a landscape island, planted pursuant to Eagle City Code,to be located in the middle of the 16-parking spaces located on the west side of the building. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. Pursuant to Eagle City Code, a minimum of 26-parking spaces are required to be provided with the construction of this automotive washing facility. The applicant should be required to provide a revised site and landscape plans showing 26-parking spaces on this site. The revised site and landscape plans should be reviewed and approved by staff prior to the issuance of a zoning certificate. • Sheet SE2.0 and cut sheets, date stamped by the City on February 20, 2014, indicate that the applicant is proposing to use LED lights on the building and within the parking area of this site. LED lighting is not permitted within Eagle City Code. The pole mounting detailed provided on Sheet SE2.0, shows the overall height of the parking lot light fixture to be 22-feet 6-inches. Pursuant to Eagle City Code,the light pole fixtures (including concrete bases) located within a parking lot with less than 200-parking spaces shall have a maximum height of 20-feet. The applicant should be required to provide a revised pole mounting detail showing the overall height of parking lot light fixtures do not exceed 20-feet in height(including any concrete bases). The applicant should be required to provide revised cut sheets showing the parking lot lights and building lighting to be used on this project to be high pressure sodium light fixtures. The revised pole mounting height and cut sheets should be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 8of14 K:\Planning DeptWagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf.doc • The drive up pay station area and drive aisle on the west and south property lines are located adjacent to the internal sidewalk and loop road located within Eagle Island Marketplace. Pursuant to past action by the Board and Council, a 48-inch high berm, decorative wall, landscaping, or combination thereof has been required adjacent to the drive up pay station areas and drive aisles to reduce the impact of the vehicles utilizing the site(i.e.: vehicle headlights and vehicle cueing). The applicant should be required to provide a revised landscape plan showing a 48-inch high berm, decorative wall, landscaping, or combination thereof adjacent to the drive up pay station area and drive aisle (west and south portions of the site). The revised landscape plan should be reviewed and approved by staff and two members of the Design Review Boar prior to the issuance of a zoning certificate. • A total of 14-vacuuming units are proposed to be located on this site between the parking northern most parking spaces shown on the west side of the building. The applicant has submitted pictures of typical vacuuming units; however,the color to be used on the vacuum units on this site has not been depicted by the applicant. The applicant should be required to provide colors samples indicating the different colors the vacuum units may be. The color of the vacuum units should complement the colors used in the construction of the building. The vacuum color samples should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • 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 to consider the application was held before the Design Review Board on March 27, 2014, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 4 to 0 (McCullough, Grubb, and Hull absent)to approve DR-14-14 for a design review application to construct an automotive washing facility for Doug Atwood,with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Board and text shown with underline to be added by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with any applicable conditions of RZ-08-08. 2. A combined preliminary/final plat application,to split this 1.04-acre from the overall 2.57-acre parcel, shall be submitted to the City. The combined preliminary/final plat application shall be reviewed and approved by City Council prior to issuance of a building permit certificate of occupancy for this site. 3. Provide a revised landscape plan showing twenty five feet(25')of landscaping extending east from the east side of the building. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of zoning certificate. If site specific conditions of approval is completed,then this condition does not apply. Page 9 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf doc 4. Provide a revised landscape plan showing the landscape area on the south side of the trash enclosure to be a minimum of five feet(5') in width. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 5. The landscape plan, date stamped by the City on February 20, 2014, showing no landscape island within the 2-parking spaces and 14-vacuum stalls is approved. ' •._ . . . ce>�sate. .. _ 7. Provide a revised pole mounting detail showing the overall height of parking lot light fixtures do not exceed 20-feet in height(including any concrete bases). The applicant shall be required to provide revised cut sheets showing the parking lot lights and building lighting to be used on this project to be high pressure sodium light fixtures and show how the match the light fixtures already utilized within the development. The revised pole mounting height and cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 8. Provide a revised landscape plan showing a 48-inch high berm, decorative wall, landscaping, or combination thereof adjacent to the drive up pay station area and drive aisle(west and south portions of the site). The revised landscape plan shall be reviewed and approved by staff and two members of the Design Review Boar prior to the issuance of a zoning certificate. 9. Provide colors samples indicating the different colors the vacuum units may be. The color of the vacuum units shall complement the colors used in the construction of the building. The vacuum color samples shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 10. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 11. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred for reviewing this project. 12. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 13. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan review. 14. No ground mounted mechanical units are proposed with this application and none are approved. 15. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the parapet walls or mansard roofs. 16. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 17. No signs are proposed with this application. A separate design review application (DR-15-14)has been submitted for the approval of signage on this building. The sign plan shall be reviewed and approved prior to the City issuing a zoning certificate for this site. 18. Provide detailed cut sheets and material samples showing the brick, fabric awnings, stucco texture, anodized aluminum, and the prefabricated metal coping cap to be used on the building. The detailed cut sheets or material samples shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 10 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf doc 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, 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. Page 11 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drf doc 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 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, 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 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 Page 12 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP dr£doc 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 the City Council 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 and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on February 20, 2014. 2. Requests for agencies' reviews were transmitted on February 24, 2014, in accordance with the requirements of the Eagle City Code. Page 13 of 14 K:\Planning Dept\Eagle Applications\Dr\2014\DR-14-I4 EPIC Car Wash EIMP drf doc 3. The Board reviewed the particular facts and circumstances of this proposed design review application (DR-14-14) 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. The majority of the Board determined that a landscape island within the vacuum stalls was not required based on the total parking required for this site was 2-parking spaces and the 14-vacuum stalls are technically a function of the facility and not required to achieve parking for this site. 4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3, for the C-3-DA (highway business district with development agreement)zoning district. DATED this 10th day of April 2014. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Rol Yert Gru airman .% 0. �AG�F ATTEST: U •� G ATE .00 Sharon ' . Bergmann, Eagle City Cle k %4a.......0- Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 14 of 14 K:\Planning Dept'Eagle Applications\Dr\2014\DR-14-14 EPIC Car Wash EIMP drfdoc