Findings - DR - 2006 - DR-99-06 - Construct A Winco Foods Grocery Store
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR A
DESIGN REVIEW TO CONSTRUCT A WINCO
FOODS GROCERY STORE FOR WINCO FOODS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-99-06
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 12, 2006. 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:
WinCo Foods, represented by LUl Horstmeyer with BRS Architects, is requesting design review
approval to construct a 95,380-square foot grocery store. The site is located on the north side of
East State Street within Eagle Promenade at 3032 East State Street.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on September 11. 2006.
e. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 12, 2006, in accordance with the
requirements of the Eagle City Cude.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 24, 2001, the Eagle City Council approved a design review application for the common
area landscaping within Eagle Promenade (formerly Eagle Towne and Country Centre) (DR-06-
01).
On February 25, 2003, the Eagle City Council approved a final plat application for Eagle
Promenade (aka: YES Subdivision) (FP-I-02).
E. COMPANION APPLICATIONS: DR-100-06 (design review sign application)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-3 (Highway Business Vacant Pad site within
District) Eagle Promenade
Proposed No Change No Change WinCo Foods grocery store
North of site Business Park BP (Business Park District) Min i -S torage
South of site Commercial C-3 (Highway Business Vacant pad site within
District) Eagle Promenade
East of site Not in Eagle City area of C-2 & R8M (Ada County Gas station & Residential
impact Designation)
West of site Commercial C-3 (Highway Business Vacant pad site within
District) Eagle Promenade
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The perimeter landscaping for the entire Eagle Promenade Development has been completed as
well as the parking lot and associated landscape islands.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 447,048-square feet (IO.03-acres) I,300-square feet (minimum)
Percentage of Site Devoted to 21 % (approximately) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 25% (approximately - entire IO% (minimum)
Landscaping development)
Number of Parking Spaces 382-parking spaces 455-parking spaces
Front Setback 520-feet (south) 30-feet (minimum)
Rear Setback 290-feet (north) O-feet (minimum)
S ide Setback 20-feet (east) 3D-feet (minimum)
Side Setback I3-feet (west) O-feet (minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One grocery store.
Height and Number of Stories of Proposed Buildings: 43-feet; one story with mezzanine.
Gross Floor Area of Proposed Buildings:
92,5 IO-square feet main floor
2,870-sQuare feet mezzanine
95,380-sqaure feet total
On and Off-Site Circulation:
A more than adequately sized paved parking lot will provide parking for vehicles using this site.
Ingress/egress to the site is to be provided by six access points located hoth on State Highway 44
and Horseshoe Bend Road.
K. BUILDING DESIGN FEATURES:
Roof: Concrete tile (Charcoal brown blend striated)
Walls: Integral Split Face CMU I Basalite D619. D375), Integral Precision eMU (Basalite 0375).
Stucco (Cream Froth and Yosemite Sand)
WindowslDoors: Storefront (Dark Bronze)
Fasciaffrim: Wood Headers and Outriggers (Texas Leather), Stone Veneer (Suede Drystack
Ledgestone)
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are eXlstmg trees located along
Horseshoe Bend Road, within the landscape islands located in the parking lot, and around the
existing pond located in the northern area of this site.
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 In'igation Methods: Automatic irrigation required.
Transition Zones: N/A
Parking Lot Landscaping: The parking lot landscaping was installed by the developer of Eagle
Promenade.
M. TRASH ENCLOSURES:
The applicant is proposing to install two trash compactors on the north side of the building. The
trash compactors will be screened by a CMU wall.
N. MECHANICAL UNITS:
The applicant is proposing to use roof top mechanical units. The roof top mechanical units are
proposed to be screened by the parapet walls. No ground mounted mechanical units are proposed
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and none are approved.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Design Review Board prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
Q. PUBLIC SERVICES A V AILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire Department, and
Eagle Sewer District have been received by the City. A water service approval has not been
received to date. Approval of the water company having jurisdiction will be required prior to
issuance of a building permit.
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500 year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - Spoils Bank Canal- Drainage District #2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - yes
U. SUMMARY OF REVIEW OF ENV1RONMENT AL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference and attached to the staff report. Comments, which appear to be of special concern, are
noted below:
Central District Health
Chevron Pipeline
Department of Environmental Qualitv
Eagle Fire Department
Eagle Sewer District
Idaho Power Company
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W. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Commercial.
B. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Any proposed cupolas shall be designed and built to a maximum of 42-feet, 4-inches in height.
The maximum height for the proposed gable beneath said cupola shall be 38-feet.
. All lots and buildings shall be configured so as to screen any and all loading areas and trash
enclosures from view as seen from residential uses or public roadways.
C. ZONING CODE PROVISIONS, WHICH ARE OF SPEClAL eONeERN REGARDING THIS
PROPOSAL:
. Eagle City Code Section 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 this section.
. Eagle City Code Section 8-2A-7(J)(3)(d)
Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening.
D. DISCUSSION:
. The applicant is proposing to construct a 95,380-square foot grocery store for WinCo Foods. The
materials to be used on the exterior of the building include integral colored CMU block and stucco
on the body of the building, stone veneer columns, wood headers, columns, and outriggers, and a
concrete tile roof. The design guidelines for Eagle Promenade were estahlished before the City of
Eagle created the EASD book, thus, the applicant is not required to comply with one of the
architectural styles indicated within the book.
. The height of entry feature located on the south building elevation is forty five feet (45') in height.
Per the approval of the conditional use permit approved for Eagle Promenade. the maximum
height permitted within this development is forty two feet four inches (42' 4"). The applicant
should be required to provide revised building elevations showing the height of the building does
not exceed forty two feet four inches (42' 4"). The revised elevation plans should be reviewed and
approved by staff and one member of the Design Review Board prior to the City issuing a zoning
certificate for this site.
. There are some handrails to be installed on the pedestrian ramps and staircases on the north
building elevation. The handrails are proposed to be constructed of two inch (2") diameter steal
with four inch (4") square steal mesh screen. The handrails wi]1 be painted to match the color of
the building. The applicant is proposing to use chainlink around the elevated platform located on
the north side of the building. The purpose of this platform area is to store used pallets until the
next delivery is made, at which time the pallets will be removed. Per Eagle City Code, chainlink is
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not permitted. The applicant should be required to provide revised details of the style of fencing
around the platform area located on the north building elevation. The details should show the
style, color, height, etc. of the fence. The revised details should be reviewed and approved by staff
and one member of the Design Rc;view Board prior to the City issuing a zoning certificate for this
site.
. The applicant is proposing to use a grey smooth face CMU block on the west building elevation
where a future tenant will be constructed adjacent to the WinCo Foods building. It is staff's
opinion that the CMU block should be painted in the same color scheme to match the colors on the
other building elevations. The applicant should be required to provide a reviscd building elevation
showing the smooth face eMU on west elevation is to be painted to match the color scheme to
match the colors on the other building elevations. The revised building elevations should be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
. The loading areas and trash enclosures are all located on the north side of the building. All are to
be screened by walls constructed of the same material and colors to match those used in the
construction of the building.
. Staff defers comment regarding building design and colors to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application beforc the Design Review Board on October 12,2006, at which
time the Board made their decision.
B. Oral testimony in opposition to this pmposal 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 (Barnes absent) to approve DR-99-06 for a design review application to
construct a WinCo Foods grocery store for WinCo Foods, with the following staff recommended
site specific conditions of approval and standard conditions of approval with text shown with
strike thru to be deleted by the Board and text shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The elevation plans date stamped bv the City on SePtember 11, 2006, showing the height of the
building to be fortv five feet (45'), are approved. pfElviee reyisee bllildiHg elevatioHs showiRg the
height of the bllilEliHg aoes Hot e][eeea fBrty two feet f-ollr iHches (12' 1"). The revised elevatioH plans
shall13e reviev, ed aHd approved by staff aHd ORe member of the DesigH Review Hoare J3rior to the City
iSSlliHg a zoHiHg eertifieate f-er tRis site.
2. Provide revised details of the style of fencing around the platform area located on the north building
elevation. The details shall show the style, color, height, etc. of the fence. The revised details shall be
reviewed and approved by staff and one member of the Design Review Board prior to the City issuing
a zoning certificate for this site.
3. Provide a revised building elevation showing the smooth face CMU on west elevation is to be painted
to match the color scheme to match the colors on the other building elevations. The revised building
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elevations shall be reviewed and approved by staff prior to the City issuing a zoning certificate for this
site.
4. Provide a revised site plan showing the location of a bike rack. Detailed cut sheets showing the style,
color, size, etc. shall be submitted. The revised site plan and detailed cut sheets shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
5. Provide revised elevation plans indicating the north side of the entry feature is to be finished and
painted to match the materials and colors of the building. The revised elevation plans shall be
reviewed and approved by staff prior to the City issuing a zoning certificate for this site.
6. No additional light fixtures used to illuminate the front of the building shall be added to the existing
parking lot light fixtures.
7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
8. Submit $400.00 to the City, at the time of building permit submittal. for all Engineering fees incurred
for reviewing this project.
9. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
10. Submit $150.00 to the City, at the time of building permit submittal, for the Planning and Zoning plan
revIew.
II. No signs are proposed with this application. A separate design review application (DR-100-06) has
been submitted for the approval of a sign plan for this building. The sign plan shall be reviewed and
approved prior to the City issuing a zoning certificate for this site.
12. Provide detailed cut sheets for all exterior light fixtures to be used to illuminate the building. Provide
revised elevation plans showing the location and height of where the light fixtures are to be located on
the building. The detailed cut sheets Clnd revised elevation plans shall be reviewed and approved by
staff and one member of the Design Review Board prior to the Citv issuing a zoning certificate for this
site.
13. Provide a revised landscClpe plan showing the plant material to be installed within the expanded
parking lot area (previouslv the fuel center area). The revised landscape plan shall be reviewed and
approved by staff and one member of the Design Review Board prior to the Citv issuing a zoning
certificate for this site.
14. Provide a revised east building elevation showing the stucco area located below the dental cornice
within the drop down parapet areas to be thicker (carrv the stucco down to the next score line on the
CMU). The revised ele\ation shall b~ reviewed and approved bv staff and one member of the Design
Review Board prior to the City issuing a zoning certificate for this site.
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 any building permits or Certificate of Occupancy,
whichever occurs first.
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
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prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or eertificate 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 eity
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 dispm,al 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 ~Titing 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 now 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. 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 str~et light inspection fees prior to Certificate of Occupancy.
10. 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.
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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.
11. 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.
I2. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings.
1,500 gallons per minute for dwellings having a fire area in excess of 3.600 square feet. and 1.500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
15. 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.
16. 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.
17. 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.
18. Basements in the flood plain are prohibited.
19. 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
Commission and/or Council.
20. 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/or the Planning and Zoning Commission for
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review and approval.
21. 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.
22. 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
occu pancy of this project.
23. Any change by the applicant in the pLmned 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.
24. 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 Design Review Board approval date).
25. 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.
26. 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:
I. The application for this item was received by the City of Eagle on September 11,2006.
2. Requests for agencies' reviews were transmitted on September 12, 2006, in accordance with the
requirements of the Eagle City Code.
3. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-99-06) 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.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the C-3 (Highway Business District) zoning district.
5. The Board recommends approval of the building height as presented with the entry feature at a height
of forty five feet (45'). The pitch of the roof on the entry feature is in better scale than if the pitch was
lowered to obtain the forty two feet four inches (42' 4") permitted within the Eagle Promenade
development. Permitting the entry to extend above forty two feet four inches (42' 4") breaks up the
roofline of the building while providing a sense of entry to the building.
PagelOofll
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DATED this 26th day of October 2006.
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