Findings - DR - 2018 - DR-09-16 MOD 2 - Modify The Automotive Washing Facility For Epic Shine Car Wash In Eagle Promenade Shopping CenterBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW TO MODIFY THE )
AUTOMOTIVE WASHING FACILITY FOR EPIC )
SHINE CAR WASH IN EAGLE PROMENADE )
SHOPPING CENTER FOR EPIC SHINE II LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -09-16 MOD2
The above -entitled design review application came before the Eagle Design Review Board for their action
on May 10, 2018. 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:
Epic Shine II LLC, represented by Heather Paredes, is requesting design review approval to modify the
Epic Shine Car Wash automotive washing facility by adding mesh canopies over the vacuum stalls and
the menu board order areas to screen the LED lighting located in these areas. The 1.16 -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 March 22, 2018.
C. NOTICE OF AGENCIES' REVIEW: N/A
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).
On March 24, 2016, the Eagle Design Review Board approved a design review application for an
automated washing facility for Epic Shine Car Wash (DR -09-16).
On April 12, 2016, the Eagle City Council approved a design review application with the use of LED
lighting for the Epic Shine Car Wash (DR -09-16).
On September 15, 2016, the City approved a design review application modifying the exterior building
elevations of the automotive washing facility for Epic Shine Car Wash (DR -09-16 MOD).
On October 26, 2016, a letter from the business owner of the Epic Shine Car Wash was received by the
City indicating they were going to seek approval of adding canopies over the vacuum stall parking areas
to screen the lights. The letter further stated that, until the canopies were approved, the LED lights
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would not be installed. It was based on this information that the Planning and Zoning staff signed the
Occupancy Request Certificate of Occupancy form for permanent occupancy for the automotive
washing facility for Epic Shine Carwash.
On December 22, 2017, the City sent a letter to the business owner of the Epic Shine Car Wash stating
the property was out of compliance with the approval of their Design Review application and Eagle
City Code.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: No change
G.
H.
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial
Proposed No Change
North of site Commercial
South of site Commercial
East of site
West of site
Commercial
Commercial
C-3 (Highway Business Automotive Washing
District) Facility
No Change
C-3 (Highway Business
District)
C-3 (Highway Business
District)
C-3 (Highway Business
District)
C-3 (Highway Business
District)
No Change
Hardware Store - Home
Depot
Freddy's Frozen Custard
and Steakburgers
restaurant
Tire Shop for Eagle Tire
Pros
State Highway
55/Residence-Pasture
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
EXISTING SITE CHARACTERISTICS: The site has been developed with an automotive washing
facility for Epic Shine Car Wash.
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I. SITE DATA: No change
SITE DATA PROPOSED
Total Acreage of Site
Percentage of Site Devoted
to Building Coverage
Percentage of Site Devoted
to Landscaping
Number of Parking Spaces
Front Setback
Rear Setback
Side Setback
Side Setback
1.16 -acres (50,330 -square feet)
13% (approximately)
32% (approximately)
9 -parking spaces
With 18 -vacuum stalls
56 -feet (south)
44 -feet (north)
45 -feet (west)
REQUIRED
1,300 -square feet (0.03 -acres)
(minimum)
92% (maximum)
10% (minimum)
7 -spaces (minimum)
0 -feet minimum
0 -feet minimum
30 -feet minimum (pursuant to
CU -18-00)
104 -feet (east) 0 -feet minimum
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No change.
Height and Number of Stories of Proposed Buildings: No change.
Gross Floor Area of Proposed Buildings: No change.
On and Off -Site Circulation: No change.
K. BUILDING DESIGN FEATURES:
Canopies:
Heavy-duty, tight -weave mesh (Blue)
Building: No change
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: No change
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.
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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.
M. TRASH ENCLOSURES: No change
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.
N. MECHANICAL UNITS: No change
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 was submitted on April 5,
2016, and was approved by the City Council on April 12, 2016. The WPX4 LED — 3000K light
fixture was proposed and approved to be used on the vacuum arms and menu board order areas.
When the lights for the building and site were approved, the applicant showed the lights on the
vacuum arms were to be screened from view by shrouds. The lights on the vacuum arms and menu
board order areas have been installed without the shrouds and the lights are visible from the public
right of way in violation of Eagle City Code Section 8-4-4-2(A) and 8-7-2(D)(2). Please see staff's
discussion under the Staff Analysis regarding the applicant's proposal to screen the lights located on
the vacuum arms and menu order areas.
P. SIGNAGE: No change
No signs are proposed with this application. A separate design review application (DR -10-16) was
submitted for the approval of signs proposed on this building and on the site.
Q. PUBLIC SERVICES AVAILABLE: N/A
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
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Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES: N/A
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: None
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 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)(6) Building Design:
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.
• Eagle City Code Section 8 -2A -6(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.
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• Eagle City Code Section 8 -2A -6(B)(5) Colors:
a. Earthen tones are encouraged.
b. Flat or low gloss finishes are encouraged.
c. Roof mounted mechanicals, all vents protruding through the roof, and similar features shall
be painted so as to match the color of the roof.
d. Exposed metal flashing or trim will be anodized or painted to blend with the exterior colors
of the building.
• 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.
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.
8. Existing lighting, for a site which is a part of any application, shall be changed to comply
with current city code.
10. Lighting plans shall be reviewed and approved by the zoning administrator prior to
issuance of a building/zoning permit.
• Eagle City Code Section 8-7-2(D)(2)
Use And Construction Contrary To Plans: Zoning permits or certificates of occupancy issued on
the basis of plans and applications approved by the administrator authorize only the use and
arrangement set forth in such approved plans and applications or amendments thereto, and no
other use, arrangement or construction. Use, arrangement or construction contrary to that
authorized shall be deemed a violation of this title.
C. DISCUSSION:
• On March 24, 2016, the Design Review Board approved a design review application for the Epic
Shine Car Wash Facility (DR -09-16). On April 12, 2016, the City Council approved a design
review application with the use of LED lighting for the Epic Shine Car Wash Facility. On October
26, 2016, a letter from the business owner was received by the City indicating they were going to
seek approval of adding canopies over the vacuum stall parking areas to screen the lights. The
letter further stated that, until the canopies were approved, the LED lights would not be installed.
It was based on this information that the Planning and Zoning staff signed the Occupancy Request
Certificate of Occupancy form for permanent occupancy for the automotive washing facility for
Epic Shine Car Wash. On October 31, 2016, a Final Certificate of Occupancy was issued for the
car wash facility. Some time between the issuance of a final occupancy permit and the end of the
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year, the lights were installed on the vacuum arms and the menu board order areas. On January 3,
2017, the manager of Epic Shine Car Wash was told the lighting was not in compliance with the
approved design review. The City was told by Heather Paredes, the manager of Epic Shine Car
Wash, that shrouds to screen the lights were in production and that they should be delivered in
March of 2017 and installed shortly thereafter. On November 16, 2017, an inspection of the
property was completed by the City which revealed that the lights located on the vacuum arms and
menu board order areas were still not screened pursuant to Eagle City Code Section 8-4-4-2(A)(2)
and the design review approval (DR -09-16).
On December 22, 2017, the City sent a letter to the business owner stating the property was out of
compliance with the approval of their design review application and Eagle City Code Section 8-4-
4-2(A)(2). On March 22, 2018, the applicant submitted an application requesting design review
approval to construct mesh canopies over all eighteen (18) vacuum stalls and the three (3) menu
board order areas for the Epic Shine Car Wash facility located within the Eagle Promenade
Shopping Center. The purpose of the mesh canopies is twofold; to screen the lights located on the
vacuum and menu order board areas and to provide shade for the patrons at the vacuum stations.
The applicant's justification letter indicates the architectural style of the mesh canopies is Italianate
as defined within the Eagle Architecture and Site Design Book. The letter describes the style of
the mesh canopies as arches and dome -like structures that are low pitched that provide balance and
symmetry to the existing building. The color and materials of the existing car wash facility building
are stucco, brick, and stone in earth tone colors with the trim of the building being green. The mesh
canopies are blue. Staff defers comment regarding the architectural style, material, and color of
the mesh canopies to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, if the Design Review Board approves the requested
design review application, then staff recommends 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 May 10, 2018, at
which time the Board made their decision.
B. Oral testimony in opposition to the application was presented to the Design Review Board by no one.
C. Oral testimony in favor of the application was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DELIBERATION: (Granicus time 1:16:30 [both DR -09-16 MOD2 and DR -14-14 MOD were
discussed at the same time])
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The canopies provide a nice amenity for the patrons in addition to screening the lights on the vacuum
arms and menu board order areas.
• The color of the canopies match the color of the vacuum system as well as a the blue structures located
over the menu board order areas.
• The Board affirmed that adding a structure that complements the architecture of the building which
also screens the lights over the vacuum area would be difficult to accomplish and have it harmonious
with the building.
• The Board confirmed that the blue canopies will make a significant change to the appearance of the
south building elevation but because there is already a blue awning on the west building elevation and
blue structures for the vacuum arms and the menu board order areas, believed that it will all tie together.
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• It was discussed that the canopies should be an earth tone color to match or complement the colors of
the building so that the canopies do not become the focal point of the site and detract from the building
architecture; however, a consensus of the Board was not reached and this did not materialize into a site
specific condition of approval.
BOARD RECOMMENDATION:
The Board voted 6 to 1 (Grubb against) to recommend approval of DR -09-16 MOD2 for a design review
application to modify the automated washing facility for Epic Shine Car Wash in Eagle Promenade
Shopping Center for Epic Shine II LLC, 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
and text shown with strikethrough to be deleted by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of DR -09-16 and subsequent modifications.
2. The blue canopies over the vacuum arm and menu board order areas are approved as proposed.
3. The lights on the vacuum arms and menu board ordering areas shall be screened pursuant to Eagle
City Code Section 8-4-4-2(A)(2). If the lighting is not effectively shielded, then additional shielding
shall be required. Additional lighting shields shall be reviewed and approved by staff prior to
installation.
4. Upon completion of the mesh canopies, the applicant shall be required to request a site inspection to
be completed by the Planning and Zoning Department. Upon verification that the canopies have been
completed in compliance with this approval and that the lights are screened from view pursuant to
Eagle City Code Section 8-4-4-2(A)(2), a certificate of completion will be issued.
5. No signs are proposed with this application and none 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 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.
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6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying
that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1)
has been made in such a manner that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using
or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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
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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
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
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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 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 MOD2) 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 subdivision landscaping is permitted with the approval of a design review
application within the C-3 (Highway Business District) 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 canopies are designed to complement the general
vicinity;
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;
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;
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 structures of
the vacuum arms and menu board order areas are already blue;
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F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic 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 residential center in the area; and
I. No signs are proposed with this application. All signs, if proposed, will be required to be
harmonious with the architectural design of the building, and will not cover or detract from
desirable architectural features.
DATED this 24th day of May 2018.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Gruber Chairman
ATTEST:
Sharon K. - rgmann, Eagle City Clerk
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