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Findings - DR - 2017 - DR-04-17 - Construct Convenience Store With Up To -2 Tenants W/Fuel Service And Fuel Island Canopy.BEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A DESIGN REVIEW TO CONSTRUCT A CONVENIENCE STORE (WITH UP TO TWO SUB TENANTS) WITH FUEL SERVICE WITH FUEL ISLAND CANOPY FOR JAY WALKER FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -04-17 The above -entitled design review application came before the Eagle Design Review Board for their action on February 23, 2017. 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: Jay Walker, represented by Walter Lindgren with Lindgren:Labrie Architecture, PLLC, is requesting design review approval to construct a 4,128 -square foot convenience store (with up to two sub tenants) with fuel service and a 2,730 -square foot fuel island canopy. The 0.93 -acre site is located on the southeast corner of East Hill Road and SH -55 at 2805 and 2809 East Hill Road. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on January 19, 2017. Revised plans were received by the City on February 16, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on January 26, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 9, 1999, the City Council approved a comprehensive plan amendment from Industrial to Commercial for this site (CPA -06-16). On January 11, 2000, the City Council approved a rezone from R-4 (Residential) and M -1A (Industrial Park District) to C -3 -DA (Highway Business District with a development agreement) for Sharon Patterson (RZ-06-99). On October 11, 2016, the City Council approved a development agreement modification to allow a right -in only access from SH -55 and to remove Condition of Development 2.5 which states the project shall be submitted under a conditional use permit (RZ-06-99 MOD). E. COMPANION APPLICATIONS: DR -05-17 (Design Review application — master sign plan) Page 1 of 16 K:\Planning Dept\Eagle Applications\Dr\2017\DR-0417 Convenience Store with Fuel Service drEdocx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C -3 -DA (Highway Business Vacant parcels District with a development agreement) Proposed No Change No Change Convenience store (with up to two sub tenants) with fuel service/fuel island canopy North of site Business Park South of site Business Park East of site Business Park West of site Mixed Use BP (Business Park) Vacant parcel BP -DA (Business Park with a Storage facility (Storage development agreement) 55) BP -DA (Business Park with a Storage facility (Storage development agreement)) 55) MU -DA -P (Mixed Use with a development agreement — PUD) SH -55 and Picaddilly Village Subdivision (Commercial area) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site is undeveloped. I. SITE DATA: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.93 -acres (40,510 -square feet) 1,300 -square feet (minimum) Percentage of Site Devoted 11% (approximately) 92% (maximum) to Building Coverage Percentage of Site Devoted 15% (approximately) 10% (minimum) to Landscaping Number of Parking Spaces 21 -parking spaces 21 -parking spaces (minimum) Front Setback 146 -feet (North) 0 -feet (minimum) Rear Setback 5 -feet (South) 0 -feet (minimum) Side Setback 106 -feet (West) 0 -feet (minimum) Side Setback 2 -feet (East) 0 -feet (minimum) Page 2 of 16 K:'Planning Dept\Eagle Applications\Dr\2017\DR-0417 Convenience Store with Fuel Service drf.docz J. PARKING ANALYSIS: Gross Floor Area of Proposed Convenience Store and Fueling Station: 4,128 -square feet • Eagle City Code Section 8-4-5 requires 1 parking space per 250 -square feet gross floor area; plus 1 for each 2 gasoline pumps: Convenience Store — 1/250 square feet + 1/2 gasoline pumps 4,128/250 square feet + 8/2 gasoline pumps = 21 parking spaces (This includes parking for the two sub tenants as the sub tenants will be part of the convenience store use and will not generate additional traffic for parking required for the primary convenience store use) Proposed Onsite Parking Spaces: 21 Required Parking Spaces: 21 (calculated based upon the above use identified in Eagle City Code Section 8-4-5: "Convenience Store") K. GENERAL Si'1'b DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as a convenience store (with up to two sub tenants) with fuel service, and a fuel island canopy with eight pumps. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-eight foot three inch (28' 3") high single -story structure and a twenty-one foot five inch (21' 5") fuel island canopy. Gross Floor Area of Proposed Buildings: The proposed convenience store is approximately 4,128 -square feet. The proposed fuel island canopy is approximately 2,730 -square feet. On and Off -Site Circulation: A 28,221 -square foot (approximately) paved parking lot and fueling area provides parking for vehicles using this site. One (1) thirty foot (30') wide driveway is located at the southwest corner of the property providing access to the site from State Highway 55. One (1) thirty-three foot five inch (33' 5") wide driveway is located at the northeast corner of the property providing access to the site from East Hill Road. L. BUILDING DESIGN FEATURES (including fuel island canopy): Roof: Slim Seam metal (Galvalume color) Walls: Stucco (Garden Sage, Gossamer Veil colors), Precision - Smooth CMU (Standard 655 color) Windows/Doors: Aluminum (Clear Anodized) Fascia/Trim/Columns: Fiber Cement Board (River Rock color), Cultured Stone Veneer (Birch color), Metal Coping/Steel Accents (Galvalume color) M. 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. Street Trees: Street trees are proposed with the landscape buffer along Hill Road and Highway 55. Page 3 of 16 K:\Planning DeptTagle Applcations\Dr\2017\DR-04-17 Convenience Store with Fuel Service drf.docx 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: 5% interior landscaping is required, 8% is proposed. N. TRASH ENCLOSURES: One (1) 201 -square foot trash enclosure is proposed to be located near the northeast corner of the convenience store. The enclosure is proposed to be constructed of stucco walls and metal gates; all of which will match the materials and colors used in the construction of 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. P. OUTDOOR LIGHTING: A site and parking lot light plan (including building and fuel island canopy lighting) showing location, height, illumination type, lumen output, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of a zoning certificate. Q. SIGNAGE: No signs are proposed with this application. A separate design review application (master sign plan) (DR -05-17) has been submitted for the approval of signs proposed on the building and on the fuel island canopy. R. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has 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. S. PUBLIC USES PROPOSED: None. T. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. U. SPECIAL ON-SH'E 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 Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Page 4 of 16 K:\Planning Dept\Eagle Applications \Dr12017\DR-0417 Convenience Store with Fuel Service drf.docx Wildlife Habitat - no V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. W. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Ada County Highway District Central District Health Drainage District No. 2 Eagle Fire Department X. LE 1"1'tRS 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 (adopted February 10, 2015), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY: This article applies to all proposed development located within the design review overlay district which shall include the entire city limits, and any land annexed into the city after the date of adoption hereof. Such development includes, but is not limited to, new commercial, industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision signage, proposed conversions, proposed changes in land use and/or building use, exterior remodeling or repainting with a color different than what is existing, exterior restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a design review application pursuant to this article and fee as prescribed from time to time by the city council. • Eagle City Code 8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS: A. General Objectives And Considerations: The following apply to the entire design review overlay district including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle architecture and site design book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the design review board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: Page 5 of 16 K:'Planning Dept\Eagle Applications\Dr\201TDR-0417 Convenience Store with Fuel Service drf.docz 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; b. The impact and effect of the site development plan on traffic conditions on contiguous streets and adjoining properties or neighborhoods; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; e. The location, arrangement and dimensions of truck loading ramps, docks, and bays and vehicle service facilities; f. The access, parking lot, and interior roadway illumination plans and hours of operation; g. The required driver, pedestrian and bicycle sight distance requirements of the project and their relationship to adjacent streets, driveways and properties; h. The coordination of the site development with planned right of way alignments, acquisitions and street improvements; i. The graphic delineation of traffic circulation patterns to avoid confusion, congestion and conflicts; j. The continued maintenance of traffic, parking and lighting systems; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. 2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties through the proper use of screening with sound and sight buffers, and unsightly areas shall be concealed or screened and the design review board shall consider: a. The location, height, and materials of walls, fences, hedges and screen plantings to ensure harmony with adjacent development; b. The location and type of new plantings, with due regard to preservation of specimen and landmark trees, and to maintenance of all plantings; c. The providing of screen plantings or other screening methods reasonably required to conceal outdoor storage areas, trash receptacles, service areas, truck loading areas, utility buildings and other unsightly developments; d. The installation of sound and sight buffers, the preservation of public views, light and air, and the consideration of those landscape aspects of design which may have substantial effects on neighborhood development, land uses, and amenities; e. The design and use of open spaces and parks; and f. The permanent maintenance of all landscaped areas and fencing. Page 6 of 16 K:\Pianning Dept\Eagle Applications\Dt12017\DR-04-17 Convenience Store with Fuel Service drf.docx 6. Building Design: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator, the design review board, and the city council, whichever the case may be, to determine the appropriateness of such material. 1. Exterior walls and soffits: a. Wood: cedar (clear) and redwood (clear) - architectural/premium grade. Log siding, wood shingle are permitted for accent only, twenty five percent (25%) maximum wall coverage (per each facade); Synthetic board and bat sidings are permitted as accents only. Plywood is prohibited. b. Fiber cement; c. Masonite: horizontal lap only, maximum six inch (6") reveal; d. Vinyl: 0.46 millimeter minimum thickness, integral color; e. Textured tilt up concrete with accent reveals; f. Textured pour in place concrete with accent reveals; g. Masonry: brick, natural rock/stone, synthetic stone, decorative block. Smooth face block for accent only, ten percent (10%) maximum wall coverage (per each facade); h. Stucco: Twenty five percent (25%) planer change required, additional accents shall be incorporated through the use of other material(s); i. EIFS: Permitted for accent only, ten percent (10%) maximum wall coverage (per each facade). Additional accents required through the use of other materials; j. Additional encouraged material: exposed beams, fabric awnings, cornices/dentils, shutters, dormers, cupolas, columns; k. Metal: Metal siding shall be anodized, shall have a concealed fastener system, shall have a silicon polyester finish or equivalent, and shall include special design treatments to enhance Page 7of16 K:\Planning Dept\Eagle Applications\Dr12017\DR-0417 Convenience Store with Fuel Service drf.docx its appearance. These treatments may include brick or masonry wainscot treatments along exterior walls and accent colored metals. 2. Roofs: a. Wood shakes/shingles: premium on number 1 grade; b. Architectural grade textured composition shingles; c. Tile: cemetitious, clay; d. Slate; e. Metal; standing seam, batten seam (concealed fasteners required); Metal, standing seam/batten seam is prohibited on mansard roof sections facing a road. f. Flat roof specification: single ply, built up (both nonreflective) • Eagle City Code Section 8 -2A -7(J): Buffer Areas/Common Lots: 2. Minimum Requirements: 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 8-4-4-2: ADDITIONAL DESIGN AND MAINTENANCE REGULATIONS AND REQUIREMENTS: A. Site And Building Lighting: 1. All parking areas shall be illuminated in accordance with the provisions of this chapter. 2. Any lights used to illuminate a site and building shall be arranged to reflect the light away from the adjoining property. 3. Except as noted in subsection A4 of this section, all site and building lighting shall be recessed or shielded to direct all light downward and the source of the light (including the lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a person of average height standing on the property line of any public right of way, or any private street, or on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 4. When historic style light pole fixtures designed such that the portion of the fixture housing the light bulb is to be exposed as a design element of the light fixture (as identified in the EASD book) are approved, shielding shall only be required so the light is not directly visible by a person of average height standing on the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. The light used shall be 3000K maximum LED (or approved equivalent) and the light fixture shall be provided with optics to direct light downward. 5. Light pole fixtures shall have a maximum height of: a. Twenty feet (20') for parking lots with less than two hundred (200) spaces; b. Twenty-five feet (25') for parking lots with more than two hundred (200) spaces but less than five hundred (500) spaces; c. Thirty feet (30') for parking lots with more than five hundred (500) spaces; Page 8 of 16 K:\Planning Dept\Eagle Applications \Dr\2017\DR-04-17 Convenience Store with Fuel Service drEdocx d. Fifteen feet (15') for any pole within fifty feet (50') of a property line of any residentially zoned parcel of land or parcel of land used for residential purposes. 6. Except as otherwise permitted within this title, incandescent lights, two hundred fifty (250) watt maximum high pressure sodium lights, 3000K maximum LED lights (or approved equivalent) shall be the only type of site and building lighting permitted. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of the design review prior to issuance of a building permit. 3.5 Owner shall provide an approved Idaho Transportation Department access permit to allow access to State Highway 55 prior to construction of improvements on the property. 3.5.1 The access to State Highway 55 shall be right -in only and shall be located in proximity to the southwest corner of the site. 3.6 Owner shall provide a landscape buffer area located adjacent to SH -55 and East Hill Road. The landscaped buffer area shall consist of a three foot (3') high landscaped berm (measured from the centerline of SH -55 and East Hill Road). The berm area shall be landscaped with the following plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen trees, and twenty-four (24) shrubs. Each required shade tree may be substituted with one (1) flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade trees are substituted. The landscape plan shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 3.8 The canopy associated with the fuel islands shall be architecturally compatible with the convenience store. The proposed architecture of the fuel canopy shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate. 3.8.1 The canopy associated with the fuel islands or signage contained within the canopy associated with the fuel islands shall not be internally illuminated. D. DISCUSSION: • The applicant is requesting design review approval to construct a convenience store (with up to two sub tenants) with fuel service and a fuel island canopy. The applicant's justification letter, date stamped by the city on January 19, 2017, describes the building's design style as a contemporary take on the Craftsman style. The applicant is proposing two colors of stucco, concrete masonry unit, fiber cement board siding, cultured stone veneer accents, and Slim Seam metal roofing. In addition, the applicant is proposing to construct the fuel island canopy with compatible architecture to the convenience store to include a gabled roof form (with fiber cement board siding accents in the gable area to match the fiber cement board siding accents on the convenience store building) and cultured stone veneer columns (to match the cultured stone veneer columns on the convenience store building). • The landscape plan, date stamped by the city on January 19, 2017, shows landscaping around the perimeter of the site up to the property line on the west and north property lines. Although the landscape berm must remain on-site, the applicant should be required to extend the landscaping within the right-of-way along State Highway 55 and East Hill Road to within 9 -feet from the edge of pavement as approved by ACHD and ITD. The landscaping along the entire frontage of the site should be maintained and kept free of weeds and debris. The applicant should provide a revised landscape plan showing the landscaping within the buffer area along State Highway 55 and East Hill Road to extend within 9 -feet from the edge of pavement. The 9 -feet between the Page 9 of 16 ICAPlanning DeptEagle Applications\Dr\201TDR-0417 Convenience Store with Fuel Service drf.docx landscaping and edge of pavement (along the entire frontage) should be improved with 3/ minus gravel (or approved equivalent) and graded in accordance with the requirements of ACHD and ITD. The revised landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The site and landscape plan, date stamped by the city on January 19, 2017, does not show what type of treatment (i.e. landscaping, ground cover, pavers, etc.) is proposed to the south of the convenience store. The applicant should provide a revised site/landscape plan identifying the treatment to be used in the area south of the convenience store. The revised site/landscape plan should be reviewed and approved by staff prior to the issuance of a zoning certificate. • The landscape plan, date stamped by the city on January 19, 2017, identifies landscape boulders proposed throughout the site. The applicant should provide a revised landscape plan identifying type, color, size, etc. for the proposed landscape boulders. 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 site and landscape plans, date stamped by the city on January 19, 2017, identifiy a retaining wall around the 500 -gallon propane tank north of the fueling area. The applicant should be required to provide a detailed elevation showing the style, size, height, materials, colors, etc. of the retaining wall. The detailed elevation should be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. • Staff defers comment regarding building and fuel island canopy 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 February 23, 2017, 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 5 to 0 (Baer and Koci absent) to approve DR -04-17 for a design review application to construct a convenience store (with up to two sub tenants) with fuel service and fuel island canopy for Jay Walker, 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. Comply with all applicable conditions of RZ-06-99 MOD. 2. Provide a revised landscape plan showing the landscaping within the buffer area along State Highway 55 and East Hill Road to extend within 9 -feet from the edge of pavement. The 9 -feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be improved with N minus gravel (or approved equivalent) and graded in accordance with the requirements of ACHD and ITD. The gravel shoulder area shall be maintained and kept free of weeds and debris in perpetuity. The revised landscape plan shall be reviewed and approved by staff prior to the issuance of a zoning certificate. Page 10 of 16 K:\Planning Dept\Eagle Applications\Dr\2017\DR-04-17 Convenience Store with Fuel Service drfdocx 3. Provide a revised site/landscape plan identifying the treatment (i.e. landscaping, ground cover, pavers, etc.) to be used in the area south of the convenience store. The revised site/landscape plans shall be reviewed and approved by staff prior to the issuance of a zoning certificate 4. Provide a revised landscape plan identifying type, color, size, etc. for the proposed landscape boulders used throughout the site. 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. 5. Provide a detailed elevation showing the style, size, height, materials, colors, etc. of the retaining wall. The detailed elevation shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 6. The applicant shall comply with all requirements of Drainage District #2. A letter of approved from the drainage district shall be submitted to the city prior to the issuance of a zoning certificate. If the requirements of Drainage District #2 require a change to the site or landscape plans, the applicant shall submit a revised site and landscape plan for review and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 7. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 8. The applicant shall be required to comply with all conditions placed on this application by the City Engineer. 9. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 10. No ground mounted mechanical units are proposed with this application and none are approved. 11. Paint all electrical meters, phone boxes, etc. located on the building to match the respective color of the building. 12. No signs are proposed with this application and none are approved. 13. No site, building, or canopy lighting is approved with this application. All site lighting shall be in compliance with ECC Section 8-4-4-2. All site, building, and canopy lighting shall be reviewed and approved by staff prior to the issuance of a zoning certificate. 14. Provide revised elevation plans showing the size and colors of all bollards to be located at the fueling island and at or along the front of the building. The revised elevation plans shall be reviewed and approved by staff and two members of the Desig n Review Board prior to the issuance of a zoning certificate. 15. Provide a revised landscape plan showing the water and air service area screened by a CMU wall. Provide detailed elevation plans of the CMU screen wall showing the use of materials and colors that complement those used on the building. The revised landscape plan and detailed elevations shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 16. Provide an elevation plan of the screen wall around the propane tank showing the height of the screen wall will screen all safety equipment. signage, and accessories associated with the propane tank from view. All items listed above shall not be visible above the height of the screen wall. The elevation plan shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 17. Provide a revised elevation plan showing all lighting under the fuel island canopy to be recessed. Detailed cut sheets showing the style. material. color. wattage, illumination type. lumen output. height. etc. of the lighting shall be submitted for review and approval by staff and two members of the Page 11 of 16 K:\Planning Dept\Eagle Applications\DA2017\DR-0417 Convenience Store with Fuel Service drf.docx Design Review Board prior to the issuance of a zoning certificate. 18. Provide detailed elevation plans of the trash enclosure showing the materials. height. size. and colors. The revised elevation plans shall be reviewed and approved bv_ staff and two members of the Desig n Review Board prior to the issuance of a zoning certificate. 19. Provide a cross section of the propane tank area showing the proposed landscaping and grade changes. The cross section shall be reviewed and approved by staff and two members of the Design Review Board prior to the issuance of a zoning certificate. 20. Provide a revised color elevation and sample color showing the color of the fuel island canopy to match or compliment the color of the convenience store building. The revised color elevation and color sample shall be reviewed and approved bv_ staff and two members of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is Page 12 of 16 KAFlanning Dept\Eagle Applications\Dr12017 \DR -0417 Convenience Store with Fuel Service drf.docx 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in Page 13 of 16 K:\Flanning Dept\Eagle Applications \DI\2017\DR-04-17 Convenience Store with Fuel Service drtdocx 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 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). Page 14 of 16 K:\Planning Dept‘Fagle Applications\Dr12017 \DR -0417 Convenience Store with Fuel Service drf.docx 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 -04-17) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and a convenience store with fuel station is a permitted use within the development agreement and with the approval of a design review application within the C -3 -DA (Highway Business District with a development agreement) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the building is designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for a convenience store with fuel service and the drive aisles have been designed in conformance with Eagle City Code 8-4-5; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed building has been designed with quality materials and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed building has been designed with quality materials and is in conformance with the Eagle Site and Architecture Design manual; F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through traffic pattern circulation and connectivity to abutting development; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area since the site has been designed with sidewalks around the perimeter; and Page 15 of 16 K:\Planning Dept\Eagle Applications \Dr\2017\DR-0417 Convenience Store with Fuel Service drEdocx I. No signs are proposed with this application. A separate design review application (DR -05-17) has been submitted for the master sign plan criteria for the entire site and the signs will be required to be harmonious with the architectural design of the building and adjacent buildings, and will not cover or detract from desirable architectural features. DATED this 9th day of March 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idah RobGrubb, Chau -man ATTEST: 14 -1/1^ - Sharon K. Bergmann, Eagle City Clerk Page 16 of 16 K:\Planning DeptEagle Applications\Dr\2017\DR-0417 Convenience Store with Fuel Service drf.docx