Findings - DR - 2019 - DR-09-16 MOD 3 - Eagle Promenade Shopping Center - Modify Trash Enclosure And Parking Lot ConfigurationBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW MODIFICATION
TO THE TRASH ENCLOSURE AND
PARKING LOT CONFIGURATION FOR
EPIC SHINE CAR WASH WITHIN EAGLE
PROMENADE SHOPPING CENTER
FOR EPIC SHINE II LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -09-16 MOD3
The above -entitled design review application came before the Eagle Design Review Board for their action
on January 24, 2019. 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 Paul Hilbig with Zoke Group, is requesting design review approval
to relocate the trash enclosure and modify the parking lot landscape islands at Epic Shine Car Wash.
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, Lot 4, Block 1 of Yes Subdivision.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on December 20, 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 August 28, 2003, the Eagle Design Review Board approved a design review application for a master
sign plan for Eagle Towne and County Shopping Centre for White Leasure Development (DR -34-03).
On March 24, 2016, the Eagle Design Review Board approved a design review application for an
automated washing facility for Epic Shine Carwash (DR -09-16).
On March 24, 2016, the Eagle Design Review Board approved a design review application for building
wall signage, menu board, and directional signage for Epic Car Wash (DR -10-16)
On April 12, 2016, the Eagle City Council approved a design review application with the use of LED
lighting for the Epic Shine Carwash (DR -09-16).
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On September 15, 2016, the City approved a design review application modifying the exterior building
elevations of the automotive washing facility for Epic Shine Carwash (DR -09-16 MOD).
On May 24, 2018, the Eagle Design Review Board approved a design review application to modify the
automotive washing facility for Epic Shine Carwash (DR -09-16 MOD2).
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
C-3 (Highway Business Automotive Washing
District) Facility
No Change
C-3 (Highway Business
District)
C-3 (Highway Business
District)
No Change
Hardware Store - Home
Depot
Freddy's Frozen Custard
and Steakburgers
restaurant
East of site Commercial C-3 (Highway Business Tire Shop for Commercial
District) Tire
West of site Commercial C-3 (Highway Business State Highway
District) 55/Residence-vacant lot
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 1.16 -acres (50,330 -square feet)
Percentage of Site Devoted 13% (approximately)
to Building Coverage
Percentage of Site Devoted 32% (approximately)
to Landscaping
Number of Parking Spaces 5 -parking spaces
With 17 -vacuum stalls
Front Setback
Rear Setback
Side Setback
Side Setback
J. PARKING ANALYSIS:
56 -feet (south)
44 -feet (north)
45 -feet (west)
REQUIRED
1,300 -square feet (0.03 -acres)
(minimum)
92% (maximum)
10% (minimum)
5 -spaces (minimum)
0 -feet (minimum)
0 -feet (minimum)
30 -feet minimum (pursuant to
CU -18-00)
104 -feet (east) 0 -feet (minimum)
Gross Floor Area of Proposed Automotive washing facility: 6,558 -square feet, 825 -square feet of gross
floor area of sales, office, or lounge area.
Automotive washing facility — 1 per 200 -square feet = 5 parking spaces
• Eagle City Code Section 8-4-5 requires 1 space per 200 -square feet of gross floor area of sales,
office, or lounge area; plus queue for 3 cars per washing station:
Proposed Parking Spaces: 5
Required Parking Spaces: 5 (calculated based upon the above use identified in Eagle City Code Section
8-4-5: "Automotive washing facility"; and as required, per design review approval of DR -09-16).
K. 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.
L. BUILDING DESIGN FEATURES:
Building: No change.
Canopies: No change.
M. LANDSCAPING DESIGN: No change (DR -09-16)
Retention of Existing Trees and Preservation Methods: There are existing trees on the west property
line that will be retained with the relocation of the trash enclosure.
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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 existing around the perimeter of the parking lot. The landscape
screening at the existing trash enclosure will be revised to remain as a landscape area. New
landscaping is proposed at the new trash enclosure location at the west property line of the site.
b. Interior Landscaping: 8% interior landscaping is required, 10% is proposed.
N. TRASH ENCLOSURES:
The 110 -square foot trash enclosure currently located near the southeast corner of the building is
proposed to be relocated to the western property line along State Highway 55 in the southwest corner
of the site. The enclosure is proposed to be constructed of split face CMU walls and metal gates; all
of which will match the materials and colors of the existing building.
O. MECHANICAL UNITS: No change (DR -09-16)
The applicant has existing roof mounted mechanical units. The roof mounted mechanical units are
screened by screen walls. No ground mounted mechanical units are proposed and none are approved.
P. OUTDOOR LIGHTING: No change (DR -09-16)
Q.
R.
S.
T.
U.
A site and parking lot light plan showing location, height, and wattage was previously approved by
the Zoning Administrator (DR -09-16).
SIGNAGE: No signs are proposed with this application and none are approved.
PUBLIC SERVICES AVAILABLE: N/A
PUBLIC USES PROPOSED: None.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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
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V. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
W. AGENCY RESPONSES: N/A
X. 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 (adopted November 14, 2017), 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 -7(C)(1)
Existing vegetation shall be retained unless removal is approved in writing by the City of Eagle.
Where trees are approved by the City to be removed from the project site, or abutting right -o -
way, replacement with an acceptable species is required.
• Eagle City Code 8 -2A -7(C)(2)
Damage during construction: Existing trees or shrubs that are retained shall be protected from
damage to bark, branches, or roots during construction. Construction or excavation occurring
within the drip line of any public or private retained tree or shrub may severely damage the tree or
shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of
section 8 -2A -7(C).
• Eagle City Code 8-2A-7(J)(2)(c)
To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off-street loading when adjacent to or in view from a
residential activity or public street right-of-way, a five-foot (5') wide by six-foot (6') high
landscaped buffer is required.
• Eagle City Code 8 -2A -7(J)(3): Materials:
a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and
deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a
minimum of sixty percent (60%) of the total plant material used.
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b. Height requirements shall be accomplished with plant material, with a fence or decorative
wall.
c. The required buffer area shall result in an effective barrier within three (3) years and be
maintained such that sixty percent (60%) or more of the vertical surface is closed and
prevents the passage of vision through it.
d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
• Eagle City Code Section 8-2A-7(K)(3)(a) Parking Lot Perimeter Landscaping:
3. Parking Lot Perimeter Landscaping: Perimeter landscaping requirements define parking areas
and prevent two (2) adjacent lots from becoming one large expanse of paving. This requirement
does not hinder the ability to provide vehicular access between lots.
a. Provide a minimum five foot (5') wide perimeter landscaped strip between the property lines
and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty
five (35) linear feet of perimeter.
• Eagle City Code Section 8-2A-8(C)(2)(f-h)
f. A "shopping center", as defined in section 8-1-2 of this title shall be allowed one monument
sign per street that it abuts for any site less than twenty (20) acres in size and two (2) signs for
any site twenty (20) acres in size or larger. The height of any such sign shall not exceed fifteen
feet (15') adjacent to a roadway that is not designated as a state highway and twenty five feet
(25') adjacent to any state highway. The sign area shall not exceed one hundred forty (140)
square feet per side adjacent to a roadway that is not designated as a state highway and two
hundred (200) square feet per side adjacent to any state highway. If the shopping center has a
single address, the address shall be located on the monument sign and shall be a size that is
readable from the street.
In addition to any shopping center monument signs, any single -tenant building within a
shopping center, and adjacent to a roadway, shall be permitted one monument sign. The height
of any such sign shall not exceed six feet (6') adjacent to a roadway that is not designated as a
state highway and eight feet (8') adjacent to any state highway. The sign area shall not exceed
forty (40) square feet per side adjacent to a roadway that is not designated as a state highway
and sixty (60) square feet per side adjacent to any state highway.
The minimum distance between monument signs on a single parcel, shall be one hundred feet
(100').
h. No monument sign shall be any closer than fifty feet (50') from a monument sign, or other
freestanding sign, on an adjacent property.
• Eagle City Code Section 8-3-2(D): Supplemental General Provisions
Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and
multi -family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of
at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose the fourth side
or shall be within an enclosed building or structure. Adequate vehicular access to and from such
area or areas for collection of trash and/or garbage as determined by the administrator shall be
provided.
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements
Automotive washing facility: 1 per 200 square feet of gross floor area of sales, office, or lounge
area; plus queue for 3 cars per washing station.
g.
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C. DISCUSSION:
• The trash enclosure for Epic Shine Car Wash is currently located near the southeast corner of the
building, just south of the exit of the car wash facility. The applicant has expressed concern about
the visibility of cars as they exit the carwash facility and the through traffic within the parking lot.
Therefore, the applicant is requesting approval to move their trash enclosure to the west side of the
property to be located in the southwest corner of the property. The new trash enclosure location
will require one parking space to be removed in order to accommodate the enclosure and the
required landscape buffer. The applicant indicates the elevations of the trash enclosure will match
the materials used in the construction of the building; however, detailed elevations of the enclosure
have not been submitted to the City for review. Eagle City Code Section 8-3-2(D) states in part, all
trash and/or garbage collection areas for commercial, industrial and multi -family residential uses
shall be enclosed on at least three (3) sides by a solid wall or fence and a solid gate on the fourth
side. The applicant should be required to provide detailed elevations of the trash enclosure showing
the size, height, materials, colors, etc. of the trash enclosure. The detailed elevations should be
reviewed and approved by staff and one member of the Design Review Board prior to the issuance
of a zoning certificate.
• The applicant is requesting approval to widen the drive aisle and reconfigure the parking spaces
and landscaping located in the eastern portion of the site. The car wash facility is required to have
seven parking spaces in addition to the vacuum parking spaces. With the above-mentioned
modifications, the applicant is requesting approval to reduce the parking spaces on the site from
seven spaces to five spaces.
Aerial view of Epic Car Wash facility site
There are nine perpendicular parking spaces located on the east property line of the site which
border six parking spaces, a sidewalk and landscape area located on the Commercial Tire property
to the east. The applicant is requesting approval to convert the nine perpendicular parking spaces
into three parallel parking spaces (two parallel parking spaces are proposed where the six
perpendicular parking spaces are currently located and one parking space is proposed where the
three perpendicular parking spaces are currently located). With this modification the applicant is
proposing to install a 3 -foot wide landscape strip between the six perpendicular parking spaces
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located on the property to the east and the two parallel parking spaces. Additionally, the landscape
islands at each end of the parallel parking spaces would be reduced in length by six -feet (6').
The proposed modifications will increase the width of the north/south drive aisle from 24 -feet to
30 -feet. As noted within the applicant's justification letter dated, December 20, 2018, they are
concerned about the conflict between cars exiting the carwash facility and cars in the north/south
drive aisle. It is staff's opinion that by removing the trash enclosure from the south side of the exit
from the carwash, visibility will increase in this area. Furthermore, staff is concerned that by
widening the north/south drive aisle to 30 -feet this will create an area for drivers to speed, thus
creating an unsafe area for drivers exiting the carwash facility or those backing out of the parking
spaces along the east property line. Staff recommends the applicant leave the subject drive aisle 24 -
feet in width, leave the six perpendicular parking spaces, and that the applicant modify the radii of
the landscape islands located at each end of the six perpendicular parking spaces. The three
perpendicular parking spaces should be removed and replaced with landscaping and the radii
modified to provide better vehicular access in the southeast corner of the site.
The applicant should be required to provide a revised
following:
1. 24 -foot wide north/south drive aisle to remain.
2. Six (6) perpendicular parking spaces to remain.
3. Modified to provide a reduced radius of the north and south landscape islands of the six (6)
1. 24 -foot wide north/south drive
aisle to remain.
2. Six (6) perpendicular parking
spaces to remain.
3. Modified to provide a reduced
radius of the north and south
landscape islands of the six (6)
perpendicular spaces.
4. Three (3) perpendicular parking
spaces removed and replaced
with landscaping.
5. Modified to provide a reduced
radius of the north and south
landscape islands of the three
(3) perpendicular spaces.
site and landscape plan showing the
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perpendicular spaces.
4. Three (3) perpendicular parking spaces removed and replaced with landscaping.
5. Modified to provide a reduced radius of the north and south landscape islands of the three (3)
perpendicular spaces.
6. The revised site and landscape plan should be reviewed and approved by staff and two members
of the Design Review Board prior to the issuance of a zoning certificate.
The revised site and landscape plan should be revised and approved by staff and two members of
the Design Review Board prior to the issuance of a zoning certificate.
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Staff recommendations for Epic Car Wash site modification (detailed above)
• The applicant has placed a rock monument sign in the landscape area located to the east of the
entrance to the carwash pay station area located on the north side of the site. The monument sign
is not in compliance with Eagle City Code nor the Master Sign Plan for Eagle Promenade. The
Master Sign Plan for Eagle Promenade is very specific to the style of pad site monument signs
and specifies the specific locations pad site monument signs are permitted to be located. The rock
monument sign and location do not comply with the master sign plan. The applicant should be
required to remove the rock monument sign prior to the issuance of a zoning certificate.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval of moving the trash
enclosure as proposed and recommends denial of the proposed changes to the parking lot of the requested
design review application. If the Design Review Board recommends approval of the requested application,
then staff recommends the site specific conditions of approval and the standard conditions of approval
provided with this staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 24, 2019,
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 1:39:00)
Upon completion of the applicant's and staff's presentations, the Board discussed during deliberation that:
• The Board affirmed that moving the trash enclosure will provide better visibility for the patrons exiting
the car wash.
• The proposed parallel parking spaces would not be ideal for patrons having to pull in and out of the
existing north -south drive aisle. The Board confirmed that the proposed parallel parking spaces east of
the north -south drive aisle should be removed and replaced with landscaping.
• The Board discussed that removing the required parking spaces from the site will diminish employee
parking and will cause the site to be in non-compliance with Eagle City Code Section 8-4-5. The car
wash owner would have to communicate with their adjacent property owners to ensure they would have
three (3) parking spaces for employee parking. The Board concluded the car wash should be required
to enter into a joint agreement with an adjacent neighbor property owner.
BOARD RECOMMENDATION:
The Board voted 4 to 0 (Schafer recused, Brasher and Baer absent) to recommend approval of DR -09-16
MOD3 for a design review application to relocate the trash enclosure and to modify the parking lot
configuration for Epic Shine Car Wash within 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 PP -18-00 and CU -18-00.
2. Comply with all applicable conditions of DR -34-03, DR -09-16, DR -09-16 MOD, and DR -10-16.
3. Provide detailed elevations of the trash enclosure showing the size, height, materials, colors, etc. of the
trash enclosure. The detailed elevations shall be reviewed and approved by staff and one member of
the Design Review Board prior to the issuance of a zoning certificate.
... ' - d site and landrecape plan -showing -the follow
1. 24 foot wide north/south drive let remain.
2. Six (6) perpendicular parking spaces to remain
3. Modified to provide a reduced radius of the-nerth and south landscape islands of the six (6)
perpendicular spaces:
/1. Three (-3)-perp king cases removed and re -placed with landscaping.
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5. Modified to provide c redueed-radius of the north and south landscape iora-d ofth three (2)
peppendieular 3paees.
Asea ite awl t- ff and to o memi ew
The revised-site-awl landse-ape pla :�3 by :,tea-�,���-r, of
Design Review Board prior ta-t-he-isa aiwc of-a-zeaing-eeFtifteate.
5. The applicant shall remove the rock monument sign prior to the issuance of a zoning certificate.
6. Any plant material damaged during construction shall be replaced in accordance with Eagle City
Code 8-2A-7(C)(2) prior to issuance of a certificate of completion.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. 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.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit
submittal.
11. No signs are proposed with this application and none are approved.
12. Provide a revised site and landscape plan showing a 30 -foot wide north -south drive aisle to be
constructed to the east of the automotive washing facility. The proposed parallel parking spaces shall
be replaced with landscape from the eastern edge of the 30 -foot drive aisle to the east property line.
The revised site and landscape plan shall be reviewed and approved bv staff and two members of the
Design Review Board prior to the issuance of a zoning certificate.
13. Provide a joint parking agreement with an adjacent property owner for Epic Shine car wash for the
use of three off-site (3) parking spaces in compliance with Eagle City Code Section 8-4-4-3. The joint
parking agreement shall be reviewed and approved bv staff and recorded in the Ada County
Recorder's Office 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.
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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 MOD3) 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 building and canopies are designed to complement
the general vicinity;
C. Is not designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will not serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district. A joint parking agreement with an adjacent property
owner for Epic Shine car wash is required for the use of three (3) off-site parking spaces in
compliance with Eagle City Code Section 8-4-4-3;
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;
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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;
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 14t11 day of February 2019.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada County, Idaho
Robert Grubb,
EST:
airman
Sharon K. Bergmann, Eagle City Clerk
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