Findings - DR - 2016 - DR-09-16 - Construct A 6558 Sq' Automotive Washing FacilityBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW FOR AN
AUTOMOTIVE WASHING FACILITY FOR
EPIC SHINE CAR WASH FOR DAN ABEL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -09 -16
The above - entitled design review application came before the Eagle Design Review Board for their action
on March 10, 2016. 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:
Dan Abel, represented by James Marsh with CSHQA, is requesting design review approval to construct
a 6,558 - square foot automotive washing facility for Epic Shine Car Wash. The 1.04 -acre site is located
on the northeast corner of East State Street and State Highway 55 at 2836 East State Street within the
Eagle Promenade Shopping Center.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on February 4, 2016.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on February 5, 2016, 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 for Eagle Towne and
Country Centre (PP- 18 -00).
On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional use
approval for Eagle Towne & Country Shopping Center and a height exception (CU- 18 -00).
On April 24, 2001, the Eagle City Council approved the common area landscaping within Eagle Towne
and Country Centre (DR- 06 -01).
On February 25, 2003, the Eagle City Council approved a final plat for YES Subdivision (Eagle Towne
and Country) (FP- 01 -02).
E. COMPANION APPLICATIONS: DR -10 -16 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped with the exception of the eastern 45-
feet that has parking and drive aisle improvements.
I. SITE DESIGN INFORMATION:
Site Data
COMP PLAN
ZONING
LAND USE
1.04 -acres (50,330- square feet)
DESIGNATION
DESIGNATION
13% (approximately)
Existing
Commercial
C -3 (Highway Business
Vacant Lot
Number of Parking Spaces
9- parking spaces
With 18- vacuum stalls
District)
Front Setback
Proposed
No Change
No Change
Automotive Washing Facility
North of site
Commercial
C -3 (Highway Business
Hardware Store - Home Depot
Side Setback
104 -feet (east)
District)
South of site
Commercial
C -3 (Highway Business
Proposed Freddy's Frozen Custard
District)
and Steakburgers restaurant
East of site
Commercial
C -3 (Highway Business
Tire Shop for Eagle Tire Pros
District)
West of site
Commercial
C -3 (Highway Business
State Highway 55 /Residence-
District)
Pasture
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is undeveloped with the exception of the eastern 45-
feet that has parking and drive aisle improvements.
I. SITE DESIGN INFORMATION:
Site Data
Proposed
Required
Total Acreage of Site
1.04 -acres (50,330- square feet)
1,300 - square feet (0.03- acres)
(minimum)
Percentage of Site Devoted to
Building Coverage
13% (approximately)
92% (maximum)
Percentage of Site Devoted to
Landscaping
32% (approximately)
10% (minimum)
Number of Parking Spaces
9- parking spaces
With 18- vacuum stalls
7- spaces (minimum)
Front Setback
56 -feet (south)
0 -feet minimum
Rear Setback
44 -feet (north)
0 -feet minimum
Side Setback
45 -feet (west)
30 -feet minimum (pursuant to CU-
18-00)
Side Setback
104 -feet (east)
0 -feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an automotive washing facility.
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Height and Number of Stories of Proposed Buildings: 28'; one story.
Gross Floor Area of Proposed Buildings: 6,558 - square feet
On and Off -Site Circulation:
A 27,310 - square foot (approximately) paved parking lot provides parking for vehicles using this site.
This site is interconnected by several driveways located on the northeast, east, and south property lines
of the site providing access to the rest of the shopping center and to State Street.
K. BUILDING DESIGN FEATURES:
Roof: Standing Seam Metal Roof (Fern Green), TOP (White)
Walls: Stucco (Spice Brown, Lullied Beige, Forest Green), Brick Veneer (Interstate Walnut), Stone
(Suede Boral Cultured)
Windows/Doors: Aluminum storefront windows and doors (Dark Bronze)
Fascia/Trim: Metal Coping (Beige /Green)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are existing trees located on the west
property line. All but one of the trees are to be retained.
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board.
Street Trees: The street trees along Horseshoe Bend Road, East State Street, and State Highway 55
were installed by the developer of Eagle Promenade.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Perimeter landscaping is proposed around the perimeter of the parking lot.
b. Interior Landscaping: 8% interior landscaping is required, 10% is proposed.
N. TRASH ENCLOSURES:
One 160 - square foot trash enclosure is proposed to be located on the east side of the building. 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.
O. 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 (DR- 10 -16) has
been submitted for the approval of signs proposed on this building and on the site.
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Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle 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 - yes
Riparian Vegetation - no
Steep Slopes - no
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
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation
Republic Services
Tesoro Logistics NW Pipeline
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. CONDITIONAL USE PERMIT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The buildings shall be placed at varying angles facing the abutting road rights -of -way to alleviate
any walled corridor effect. The Design Review Board shall make the determination if this plan as
presented meets this requirement.
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• All buildings shall be set back from State Highway 44, State Highway 55 and Horseshoe Bend
Road a minimum of 30 -feet (not including right -of -way).
• All lots and buildings shall be configured so as to screen any and all loading areas and trash
enclosures from view as seen from residential uses or public roadways.
• Separate Design Review Board approval of individual pad sites/buildings is required.
• Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 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);
• Eagle City Code Section 8- 2A- 6(B)(2)(e)
Metal; standing seam, batten seam (concealed fasteners required);
Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road.
• Eagle City Code Section 8- 2A- 7(K)(4)(b)(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').
• Eagle City Code Section 8- 2A- 7(K)(4)(b)(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)
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.
D. DISCUSSION:
• The applicant has submitted a design review application requesting approval to construct an
automotive washing facility within Eagle Promenade Shopping Center for Epic Shine Car Wash.
Per the applicant's justification letter, date stamped by the City on February 4, 2016, they are
proposing to construct the building in accordance with the Italianate style of architecture as
depicted within the EASD book. Due to the function of this building, the building is very long
and narrow. It is staff's opinion that the applicant has provided building elevations with great
detail in order to break up the length of the building by 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 the building.
• With the exception of the western perimeter of this site, no trees are proposed to be installed on
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this site. Pursuant to Eagle City Code, deciduous shade trees and ground covers or low shrubs are
recommended as primary plantings in interior landscaped areas. Additionally, a terminal island
for a single row of parking spaces is required to be landscaped with at least one tree and shrubs,
ground cover, or grass. The applicant should be required to provide a revised landscape plan
showing deciduous shade trees to be incorporated into the landscape design of this site and in the
terminal islands of the single row of parking spaces. The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
• The car wash drive up ordering area is located on the north side of the building and the drive up
service lane to the car wash facility is located along the western portion of the building. The
applicant should be required to provide a revised landscape plan showing a minimum of forty -
eight inch (48 -inch) high berm, decorative block wall, cultured stone, decorative rock, or
similarly designed concrete wall, landscaping, or combination thereof within the buffer area
adjacent to the drive up service lane to reduce the impact of the vehicles utilizing the drive up
service lanes (i.e.: vehicle headlights and vehicle cueing). The revised landscape plan should be
reviewed and approved by staff and one member of the Design Review Board prior to the
issuance of a zoning certificate.
• The elevation plans, date stamped by the City on February 4, 2016, show a standing seam metal
roof proposed to be used on the two tower elements of the building. The Home Depot building
located to the north of this site has metal roofing over the main entrance to the building and on
the south building elevation. Pursuant to Eagle City Code, metal roofing, standing seam/batten
seam is prohibited on mansard roof sections facing a road. Staff defers comment regarding the
metal roofing proposed on the building to the Design Review Board.
• The applicant is proposing to use LED lighting for the building lighting and on the vacuum arms.
Currently, Eagle City Code does not permit LED lighting; however, in past applications, the
Design Review Board has recommended LED lighting be permitted to be used. As long as the
LED lighting used 3000 Kelvin degrees to provide the warmer tone so as to more closely match
the standard HPS lamps used throughout the development. Staff defers comment regarding the
use of LED lighting to the Design Review Board.
• 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 10, 2016, 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 6 to 0 (Hash absent) to approve DR -09 -16 for a design review application to construct
an automotive washing facility for Epic Shine Car Wash for Dan Abel, 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU- 18 -00.
2. Provide a revised landscape plan showing deciduous shade trees to be incorporated into the landscape
design of this site and in the terminal islands of the single row of parking spaces. The revised
landscape plan shall be reviewed and approved by staff and one member of the Design Review Board
prior to the issuance of a zoning certificate.
3. Provide a revised landscape plan showing a minimum of forty -eight inch (48 -inch) high berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall,
landscaping, or combination thereof within the buffer area adjacent to the drive up service lane to
reduce the impact of the vehicles utilizing the drive up service lanes (i.e.: vehicle headlights and
vehicle cueing). The revised landscape plan shall be reviewed and approved by staff and one member
of the Design Review Board prior to the issuance of a zoning certificate.
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
5. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
6. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
7. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
8. No ground mounted mechanical units are proposed with this application and none are approved.
9. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
10. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
11. No signs are proposed with this application. A separate design review application (DR- 10 -16) has
been submitted for the approval of signage for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
12. Provide revised elevation plans showing the horizontal lines on the columns removed as well as the
finials from the column caps. The revised elevation plans shall be reviewed and approved by staff
and one member of the Design Review Board prior to the issuance of a zoning certificate
13. Provide details and specifications on any materials used to cover the detailing area located at the
western end of the vacuum area. The details and specifications shall be reviewed and approved by
staff and one member of the Design Review Board prior to the issuance of a zoning certificate
14. The Design Review Board unanimously agrees that the use of LED lights on the vacuums shall be
prohibited. Unless the applicant can show that any LED lights used on the vacuum arms and menu
order area use a Corrected Color Temperature (CCT) of no more than 3000 Kelvin degrees and can be
screened from view. Detailed cut sheets of any lights proposed on the vacuum arms and menu order
area shall be reviewed and approved by Eagle City Council for the use of LED lighting,
15. The Board recommends LED lights be allowed to be used on the building. The LED lights shall use a
Corrected Color Temperature (CCT) of no more than 3000 Kelvin degrees Provide detailed cut
sheets of the proposed light fixtures to be used on the building showing the CCT to be used The
detailed cut sheets shall be reviewed and approved by the Eagle City Council for the use of LED
lighting on the building.
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16. The elevation plans, date stamped by the City on February 4, 2016, showing the metal roof are
approved.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources 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
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Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to 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
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of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City
Code (one year from 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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR- 09 -16) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review
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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 Board recognizes that Light Emitting Diode (LED) lighting is not currently permitted within Eagle
City Code; however, in an attempt to be more energy conscientious, the Board recommends that LED
lighting be approved. The applicant is proposing to use light fixtures on the buildings that could be
either high pressure sodium (HPS) or LED; the only difference would be the type of luminarie used
within the fixtures. Pursuant to past action by the Design Review Board and City Council, the applicant
is required to use LED fixtures that utilize 3000 Kelvin degrees. The 3000 Kelvin degrees more closely
matches the warmer toned light source of a standard HPS lamp. It is with these improvements that the
Board recommends approval of this project as proposed and with the modifications noted herein.
2. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C -3 (highway business district) zoning district.
DATED this 24`' day of March 2016.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
P Chairman �, /OVLPO* 0i��r►��%
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ATTEST:, SEAL
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�bw Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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