Findings - DR - 2006 - DR-63-03 (extension of time) - Addition To The Smith's Eagle Chevron Building
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
AN EXTENSION OF TIME FOR THE SMITH'S )
EAGLE CHEVRON BUILDING ADDITION )
FOR NORTH CHANNEL CHEVRON )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-63-03 EXTENSION OF TIME
The above-entitled design review application came before the Eagle Design Review Board for their action
on February 23, 2006. The Eagle 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:
North Channel Chevron, represented by Sandy Smith, is requesting a one (1) year extension of
time for the building expansion to the Smith's Eagle Chevron. The site is located on the northwest
comer of South Eagle Road and West Inlet Bay within the Channel Center Subdivision at 503
South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 06,2006.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 24, 2004, the Eagle City Council approved a design review application for a building
expansion with associated site improvements for the Smith's Eagle Chevron (DR-63-03).
On February 9, 2005, City Staff approved an extension of time application for the building
expansion with associated site improvements for the Smith's Eagle Chevron (DR-63-03). The
extension of time is valid until February 25, 2006.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Chapter 12 - Community Design
12.3 Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include State Highways 44 (State Street and Alternate Route)
and 55 (Eagle Road). These entrances with their landscaping (or lack thereof),
commercial signage and building character provide the first, and oftentimes the most
lasting impressions of the entire community. The City of Eagle has the responsibility to
guide development and redevelopment that occurs along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping and
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fewer points of access may be required. The design review process will afford the
opportunity to address the special features of each property and facility in a manner that
will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance
corridors may take on the look of berms built adjacent to the Banbury and Lexington
Hills Subdivisions.
12.4 Implementation Strategies
d. The City Design Review Ordinance shall set forth criteria for building design,
landscaping, signage and other aesthetic standards. Development along State Street
within the Impact Area and outside the City limits shall be encouraged to comply
with the Design Review Ordinance.
g. New residential, commercial, and industrial development shall be required to meet
minimum design standards as specified by City Ordinances.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 8-2A-2(B)
Goals: The general theme of the design review overlay district is to specify desirable building
and landscape architectural styles and materials to create a sustainable and pleasing
environment for residents and visitors alike. The architectural designs, materials, and graphics
set forth in this article are compiled to create a theme unique to the area called "Eagle
architecture".
. 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-
I 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)(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-15: Term of Approval
Any approval given pursuant to the provisions of this article shall lapse and become null and
void twelve (12) months following the date on which it was given, unless, prior to the
expiration date, construction or development is commenced and diligently pursued toward
completion on the site which was the subject of the application. Upon written request to the
zoning administrator, containing the reasons thereof, the administrator may grant extensions of
time for approved design review applications, provided the administrator finds the proposed
development complies with current ordinance requirements.
C. DISCUSSION:
· On February 24, 2004, the Eagle City Council approved a design review application for a building
expansion with associated site improvements for the Smith's Eagle Chevron (DR-63-03). Then on
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February 25, 2005, City staff approved a one (1) year extension of time application for DR-63-03.
The original approval of the proposed building expansion occurred prior to the City Council
adopting the Eagle Architecture and Site Design Book (EASD). The architecture of the existing
building was not evaluated for compliance with the standards of the current codelEASD book, and
it appears that the building would not meet the requirements of the current City code since the
architecture does not resemble one the nine styles found within the EASD Book.
On January 6, 2006, the applicant submitted a second extension of time application requesting
another one (I) year extension of time. It is staff's opinion that a second extension of time should
not be permitted since the required finding that the original building and associated expansion
comply with the architectural requirements of the current code and EASD book could not be made.
Based upon this, the current building would be considered a non-conforming use and an expansion
to the building would not be permitted until the entire building was brought into compliance with
current City code.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends denial of the requested
extension of time.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on February 23, 2006, at
which time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 6 to 0 (Barnes absent) to deny an extension of time for DR-63-03, a building
expansion to the Smith's Eagle Chevron for North Channel Chevron.
CONCLUSIONS OF LAW:
!. The application for this item was received by the City of Eagle on January 6, 2005.
2. The Board reviewed the particular facts and circumstances of this proposed extension of time
application 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 extension of time application is not in accordance with the Eagle City
Code and the Eagle Comprehensive Plan because:
The original building and associated building expansion do not comply with the architectural
requirements of the current code and the EASD book. Therefore, the current building is considered to
be a non-conforming use and an expansion to the building is not permitted until the entire building is
brought into compliance with current City code.
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DATED this 9th day of March 2006.
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