Findings - DR - 2008 - DR-58-08 - Common Area Landscaping A Walgreens Store
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR )
A DESIGN REVIEW OF THE COMMON AREA )
LANDSCAPING WTHIN THREE OAKS PLAZA )
INCLUDING A W ALGREENS STORE FOR )
COTTONWOOD CAPITAL, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-58-08
The above-entitled design review application came before the Eagle Design Review Board for their action
on October 9, 2008. 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:
Cottonwood Capital LLC, represented by Cindy Huebert with BRS Architects, is requesting
design review approval for the common area landscaping within Three Oaks Plaza and to construct
a 14,820-square foot Walgreens store with a drive up service lane. The 3,87-acre site is located on
the west side of Eagle Road approximately 350-feet north of State Highway 44 at 235,247,265,
and 403 South Eagle Road.
B. APPLICA TION SUBMITTAL:
The City of Eagle received the application for this item on September 2,2008.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on September 5, 2008, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 7, 2006, the Planning and Zoning Commission recommended approval of a rezone
from R-4 (Residential Four - up to four units per acre) to CBD-DA (Central Business District with
a development agreement) for Ideal Group, LLC. The application was withdrawn prior to the City
Council conducting a public hearing. (RZ-15-06)
E. COMPANION APPLICATIONS:
DR-59-08 (design review sign application for Walgreens)
RZ-I0-08 (rezone from R-4 to CBD)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business R-4 (Residential up to four units Four separate parcels
District per acre maximum) consisting of single family
dwellings
Proposed No Change CBD-DA (Central Business Commercial (Three (3) retail
District with a development businesses and two (2)
agreement) restaurants)
North of site Central Business CBD-DA (Central Business Proposed retail (Spoons-
District District with a development retail cooking supply store)
agreement)
South of site Central Business CBD (Central Business District) Retail and medical clinic
District
East of site Central Business CBD (Central Business District) Eagle Pavilion (Albertsons
District and Albertsons Fuel Center)
West of site Residential Four R-4 (Residential up to four units Residential (Kestral Cove
per acre maximum) Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is within both the CEDA and the TDA overlay districts. Per Eagle City Code, when a
parcel lies within two overlay districts the more strict overlay district shall generally apply.
H. EXISTING SITE CHARACTERISTICS:
There are residential dwellings located on each lot that are to be removed. There are numerous
trees located throughout this development. The applicant is proposing to retail three (3) of the
English Oak trees.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 168,577-square feet (3. 87-acres) 500-square feet (0. I-acres)
(minimum)
Percentage of Site Devoted to 20% (approximately)* 20% (minimum)**
Building Coverage 85% (maximum)**
Percentage of Site Devoted to 45% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces tOO-parking spaces 119-parking spaces (minimum)
Front Setback 170-feet (east) * 10-feet (minimum) **
25-feet (maximum) **
Rear Setback 40-feet (west)* O-feet (minimum)
Side Setback 170-feet (north)* O-feet (minimum) **
10-feet (maximum) **
Side Setback 12-feet (south)* O-feet (minimum) **
1 O-feet (maximum) **
*Note: All setbacks and building coverage have been measured from the building closest to the perimeter property line and
by calculated the proposed square footage of all buildings proposed within this development.
**Note: Minimum building coverage and setbacks when located within the Transitional Development Area (TDA).
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two buildings, retaiVrestaurant and retail with a drive up
service lane. Only the retail with drive up service lane is being reviewed with this application.
Height and Number of Stories of Proposed Buildings: 31 Y2-feet; one story.
Gross Floor Area of Proposed Buildings: 14,820-square feet
On and Off-Site Circulation:
A 64,815-square foot (approximately) paved parking lot provides parking for vehicles using this
site. One 40-foot wide driveway is proposed to be located at the northeast corner of this
development providing access to Eagle Road, in alignment with Plaza Drive located on the east
side of Eagle Road.
K. BUILDING DESIGN FEATURES:
Roof: Asphalt Shingles (weathered wood)
Walls: Eldorado Stone (cambra cliffstone), Arriscraft stone/sill (rough faced - tan), Stucco
(buckskin and tan).
WindowslDoors: Low E Tinted Glass (blue green), aluminum framing (medium bronze)
Fascia/Trim: Pre finished aluminum coping (sierra tan)
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L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are numerous existing trees located
throughout this development. The applicant is proposing to retain three (3) large Oak trees. The
City Forester has provided a document outlining the preservation methods to be used during the
demolition, construction, and continued maintenance ofthe trees to be retained on this site.
Tree Replacement Calculations: The applicant is proposing to remove approximately 335-inches
of tree caliper from this site with a total of approximately $93,850.00. Please see Section C.
Discussion under the Staff Analysis below.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees: The applicant is proposing to install six (6) Celebration Maple trees adjacent to Eagle
Road spaced approximately twenty four feet (24') on center.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/ A
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the perimeter of the parking lot of this
development.
b, Interior Landscaping: 10% interior landscaping is required, 14% is proposed.
M. TRASH ENCLOSURES:
One 2-yard compactor is proposed to be located on the south side of the Walgreens building
approximately 160- feet west of the shared driveway on Eagle Road. The enclosure is proposed to
be constructed of stone and CMU block to match the materials and colors used in the construction
of the building, as well as metal gates which will be painted to match the color of the building.
A trash enclosure has been shown just north of the large plaza area (near the south property line)
just east of the retail/restaurant pad sites. The materials and colors to be used in the construction
of this enclosure 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.
N. MECHANICAL UNITS:
The applicant is proposing to use rooftop mechanical units. The rooftop mechanical units are
proposed to be screened by the parapet walls and mansard roof.
O. OUTDOOR LIGHTING:
A site and parking lot light plan showing location, height, and wattage is required to be reviewed
and approved by the Zoning Administrator prior to issuance of any building permits.
P. SIGNAGE:
No signs are proposed with this application. A separate design review application, DR-59-08, has
been submitted for the signage of the Walgreens building.
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Q. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle Fire Department
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 floodplain
Mature Trees - yes - see City Forester's report (attached)
Riparian Vegetation - yes-adjacent to Spoils Bank Canal (Drainage District No.2)
Steep Slopes - yes-adjacent to Spoils Bank Canal
Stream/Creek - yes-Spoils Bank Canal
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein by
reference. Comments, which appear to be of special concern, are noted below:
Central District Health - no objection
Chevron Pipeline - no conflict with the pipeline
Drainage District No.2 - Ringert Clark - the District does not approve of trees within the
District's easement. Therefore, any EXISTING trees within the District's easement need to be
removed
Eagle Fire Department- no opposition, a complete set ofbuilding plans shall be submitted to the
fire department for review and approval.
W. LETTERS FROM THE PUBLIC: None received to date.
X. CITY FORESTER COMMENTS:
Memo from City Forester, dated September 24,2008 (see attached).
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 Central Business District.
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B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
· Eagle City Code Section 8-2A-6 (A)(5)(b)
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level or elevation of the parapet wall (e.g., the perspective generally as shown on an elevation
plan);
· Eagle City Code Section 8-2A-6 (D)(2)(d)
Orientation: Shall be designed so that at least seventy percent (70%) of the building's ground
level, street facing facades are constructed to abut and be oriented to a public sidewalk or
plaza.
· Eagle City Code Section 8-2A-6 (D)(2)(f)
Facade: All buildings shall include a "storefront" on the ground floor consisting of a minimum
of fifty percent (50%) glass. Floors above the main floor shall have a minimum of twenty five
percent (25%) glass.
· Eagle City Code Section 8-2A-6 (D)(3)
Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth
below conflict with section 8-2-4 of this chapter, the setback requirements below shall control:
a. Front building setbacks from the property line shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
b. Side building setbacks may be zero feet (0') so as to tie into adjoining structures or ten
feet (10') maximum where ties to adjoining structures are not desirable.
c. Structures shall be visually tied to adjoining structures. Examples of methods to visually
tie such structures together include screening walls, facade walls, courtyards and
landscaping.
d. Front and street side setbacks shall be for pedestrian amenities and the city encourages
joint efforts between adjoining property owners. Suggested amenities include: public art,
landscape treatment, seating, flowers/shrubs/tree displays in movable planters, outdoor
dining, plazas, streetscape extension and bike racks.
e. The city encourages developing outdoor use and/or strong visual ties on properties
along the Eagle drain to preserve its natural resource, visual features and possible
recreational value.
. Eagle City Code Section 8-2A-6 (D)(4) Parking:
a. Continuous front parking areas (off street) along State Street and Eagle Road is not
permitted.
b. Limited direct access to parking areas from State Street or Eagle Road is allowed.
c. Shared drive access points to parking shall be used wherever possible.
d. Encourage shared parking,
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· Eagle City Code Section 8-2A-6 (D)(6)(b)
Public Gathering Place: A public gathering place is desired to act as the hub for community
events such as the Eagle Fun Days. The public gathering place could be defined as 1st Street
between Idaho Street and Aikens Road, and State Street between Eagle Road and 2nd Street.
However, the public gathering place may be redefined as development progresses in the
downtown development area and/or in the transitional development area or if a more
specifically defined area is adopted as a part of the city comprehensive plan.
· Eagle City Code Section 8-2A-6 (G)(13)
Sidewalks within the TDA shall be a minimum often feet (10') wide and shall abut the curb or
shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between
the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be
constructed to match the sidewalk exhibit within the EASD book, consisting of smooth and
textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed
generally as shown on the bulb out exhibit within the EASD book and shall be required at all
intersections, except that bulb outs shall not extend into any roadway designated as an arterial
or collector as shown on the Ada County long range highway and street map unless otherwise
approved by the highway district having jurisdiction. A reduced sidewalk section may be
permitted if the design review board finds that the preservation of existing trees warrants a
reduction. In no case however shall the sidewalk be reduced to less than six feet (6') in width.
· Eagle City Code Section 8-2A-7 (C)(1)
Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in
writing by the city. Where trees are approved by the city to be removed from the project site
(or from abutting right of way) replacement with an acceptable species is required as follows:
Existing Tree
1 inch to 6 inches caliper
6 1/4 inches to 12 inches
Replacement
2x caliper of tree removed
1.5x caliper of tree removed
12 1/4 inches or more Ix caliper of tree removed
In all cases, planting within public rights of way shall be with approval from the public and/or
private entities owning the property.
Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three
(3) 4-inch caliper trees or four (4) 3-inch caliper trees.
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 Cl of this section.
3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be
allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk
plus six feet (6'), or to the drip line, whichever is furthest from the trunk.
4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy
the minimum required landscaping.
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. Eagle City Code Section 8-2A-7 (M)(2)
In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear
feet of street frontage.
. Eagle City Code Section 8-2A-7 (N) Incentives:
1. The zoning administrator may reduce the site parking requirements by up to five percent
(5%) of the required number of spaces if the proposed landscape plan incorporates the
retention of existing significant trees, particularly in the interior of the site.
2. The zoning administrator may reduce the site parking requirements by up to five percent
(5%) of the required number of spaces if the proposed landscaping exceeds the requirements
of these guidelines by fifteen percent (I 5%) or more.
3. The zoning administrator may reduce technical standards of parking lot design where
paving requirements conflict with the retention of significant trees.
. Eagle City Code Section 8-3-6: Street Improvements on State Street and Eagle Road:
B. Curb, Gutter And Sidewalks: Construction of standard six inch (6") vertical curb and
gutter, and five foot (5') sidewalks meeting the department, or district standards, whichever
is applicable, shall be constructed,
. Eagle City Code Section 8-4-4-3
A. Off street parking spaces required by this chapter for any specific use shall not be
considered as providing parking spaces for any other use except where ajoint/collective
parking facility has been approved pursuant to the following:
1. The applicant shall show that:
a. There is no substantial conflict in the principal operating hours of the building,
structure or use for which the joint/collective parking facility is proposed;
b. The peak hours of parking demand from the uses shall not coincide so that the peak
demand will be less than the parking required;
c, The shared parking spaces shall serve the uses without conflict;
d. The adequacy of the quantity and efficiency of parking provided will equal or
exceed the level that can be expected if a joint/collective parking facility was not
requested; and
e. If a public transit system serves the area, the applicant may provide documentation
showing that the parking demand will be reduced.
2. The proposed reduction of required spaces, applicable to each use, shall be shown by
the applicant.
3. The city may require the applicant to submit survey data, or additional documentation
substantiating a request for ajoint/collective parking facility.
4. The joint/collective parking facility may be on a site other than the site where the use is
located, but shall be located no further than that permitted by subsection 8-4-4- I A of this
chapter.
5. The spaces to be provided shall be available as long as the uses requiring the spaces are
in operation.
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6. The parties concerned in the joint/collective parking facility shall submit a written
agreement in a form to be recorded for such joint/collective use, approved by the city
attorney as to form and content, and such agreement, when approved as conforming to the
provisions of this chapter, shall be recorded in the office of the county recorder and copies
thereof filed with the zoning administrator prior to issuance of a building/zoning permit, or
prior to issuance of a certificate of occupancy, whichever occurs first. The agreement shall
include:
a. A guarantee that there will be no substantial alteration in the uses that will create a
greater demand for parking;
b. A guarantee among the landowners for access to a use of the joint/collective
parking facility;
c. A provision that the city may require parking facilities in addition to those originally
approved upon findings by the city council that adequate parking to serve the uses has
not been provided;
d. A provision stating that the city council, may for due cause and upon notice and
hearing, unilaterally modify, amend, or terminate the agreement at any time; and
e. Any other information required to be documented on such agreement by the city in
an effort to assure compliance with this title.
7. The zoning administrator may permit a maximum reduction in the number of spaces to
be provided not exceeding twenty percent (20%) of the sum of the number of spaces
required for each use only if the provisions of this chapter have been met. The maximum
allowable reduction in the number of spaces to be provided shall not exceed twenty
percent (20%) of the sum of the number required for each use served unless a conditional
use is approved by the city council.
8. No use shall be continued if the parking is removed from a joint/collective parking
facility unless substitute parking facilities are provided.
C. DISCUSSION:
· Three Oaks Plaza is proposed to have a Walgreens store with drive up service and a
retail/restaurant pad site. For the purpose ofthis application, the Walgreens building and the
common area landscaping throughout the entire site is being reviewed with regard to Eagle City
Code.
This development consists of four (4) contiguous parcels on the west side of North Eagle Road
located just north of Zamzows and south of the proposed Spoons Kitchen Store. These four (4)
properties are located in both the Transitional Development area (TDA) and the Community Entry
Development Area (CEDA) Design Review Overlay Districts. City Staff, the developer, architect,
and landscape architect have conducted meetings for at least a year regarding this site, the uses, the
placement of the buildings, retention of existing trees, cross access, plaza areas, etc. With that
said, there are sections of Eagle City Code which this site does not comply with regard to setbacks,
parking, etc. It was with staff suggestions that the applicant designed the site as presented. Per the
TDA, the buildings should be located adjacent to the sidewalk along Eagle Road with street trees
located in grates. The buildings should be connected so as to provide a store front along Eagle
Road, with the parking located behind the buildings. The site and landscape plans date stamped
by the City on September 2,2008, show the retention of three (3) large English Oak trees, that
when their values are combined total $130,500.00. The 55" caliper English Oak which is located
north of the proposed Walgreens building is the State Champion tree for being the largest English
Oak tree recorded in Idaho. Thus, the building was placed where it is shown on the site and
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landscape plans to retain these three (3) trees. Staff recognizes that to preserve the English Oak
trees that there are numerous other trees on this site that are shown to be removed. The value of
the other trees located on this site total approximately $93,850.00 and total approximately 335-
inches of tree caliper. It is staffs opinion that the value, size, canopy, etc. of the English Oak trees
was greater than the other trees located within this development. Staff defers comment with regard
to tree mitigation on this site or the City Tree Fund to the Design Review Board.
There is a fourth English Oak tree located just west and a bit north of the two English Oak trees
located near the southeast corner of the development. This fourth English Oak tree is 40" caliper
and proposed to be removed to provide a driveway connection from the parking lot located on the
east side of the building to the parking area to the south of the Walgreens building. This tree is
valued at $28,300.00 which if added to the value of the three (3) other English Oak trees would
have a total of $158,800.00. The applicant indicated that their patrons do not like dead end
parking areas, as they may have to back out. While staff recognizes there may be times that the
entire parking area located on the east side of the Walgreens building could be completely full
with parked cars, it is staffs opinion that those times would be very few compared to the benefit
that this site and the City would gain from the retention of the 40" caliper English Oak tree. The
applicant should be required to provide a revised site and landscape plan showing the 40" caliper
English Oak tree locate northwest of the two English Oak trees shown to be retained on this site.
The revised site and landscape plan should show the parking and drive aisle should be removed
from this area. The revised site and landscape plan should be reviewed and approved by staff and
two members of the Design Review Board prior to the City issuing a zoning certificate for this site.
. Currently there are several residential dwellings that have been partially demolished. Prior to any
additional demolition of these buildings, the applicant should obtain a demolition permit. The
applicant should be required to work with the City Forester to provide protective measures to
ensure the trees that are to be retained on this site are protected.
. As noted earlier in the discussion above, there are several code sections that this site does not
comply with regard to setbacks and parking requirements (i.e.: quantity and placement). Eagle
City Code permits the zoning administrator to reduce the site parking requirements by up to five
percent (5%) of the required number of spaces if the proposed landscape plan incorporates the
retention of existing significant trees, particularly in the interior of the site or if the landscaping
exceeds the requirements of these guidelines by fifteen percent (15%) or more. Approximately
forty five percent (45%) of this site is landscaping, which exceeds the fifteen percent (15%)
required in Eagle City Code. Reducing the required parking by five percent (5%) would require
113-parking spaces to be provide within this development. The development as proposed only has
100-parking spaces on this site and if the fourth English Oak tree is required to be retained, that
would reduce the parking on this site to 95-parking spaces which is a twenty percent (20%)
parking reduction. There is another provision in Eagle City Code that allows the zoning
administrator to permit a maximum reduction in the number of spaces provided it does not exceed
twenty percent (20%) of the sum of the number of spaces required for each use if the provisions of
this chapter have been met. If the City is not comfortable allowing a twenty percent (20%) parking
reduction on this site, the applicant can be required to enter into a joint parking agreement. Staff
defers comment regarding a parking reduction or a joint parking agreement to the Design Review
Board.
While the code allows the parking to be reduced ifthere are significant trees on the site, it does not
address relaxing the required setbacks for significant trees. If the applicant were to meet the
required setbacks on this site, at least one of the English Oak trees would need to be removed from
this site. Staff defers comment regarding the setbacks of the building vs. tree retention to the
Design Review Board.
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· The applicant is proposing a plaza area just north of the south property line of this development for
community events and a gathering area, No pedestrian amenities (Le.: benches, trash receptacles,
tables) have been proposed in this area. Staff recognizes that this plaza area is a great amenity to
this development, it is staffs opinion that the plaza would sit there unused the majority of the time
without some pedestrian amenities located within the plaza. Staff suggests that the applicant
consider placing some benches, trash receptacles, tables, etc. that could be secured and yet moved
if such an event was planned in this plaza area that they could be moved. Ifbenches, trash
receptacles, tables, etc. are required within the plaza area located adjacent to the south property
line, detailed cut sheets showing they style, size, color, height, etc. 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.
· Sheet L1.01, date stamped by the City on September 2,2008, shows a small plaza area with two
(2) benches to be located under the two (2) English Oak trees located near the southeast corner of
the development. While staff recognizes that very little can be done in this area so as to not
disturb the roots of the English Oak trees, it is staffs opinion that more can be done in this area to
enhance it and create a sense of place. Perhaps a larger plaza area with planter pots, more
benches, trash receptacles, etc. could be added to the area under the two (2) English Oak trees.
The applicant should consider constructing the sidewalks shown to be constructed within the drip
line of these trees with the pavers that are to be used for the plaza in this area.
. When Zamzows was constructed an eight foot (8') wide meandering sidewalk was constructed
along Eagle Road. The properties north of this proposed development have utilized the existing
five foot (5') wide concrete sidewalk, added an additional five feet (5') of colored stamped
concrete behind the five foot (5') wide planter strip adjacent to Eagle Road. Pursuant to previous
action by the Board and Council, the properties north of this development were permitted to keep
the smooth and stamped concrete as mentioned earlier in this discussion bullet with the
understanding that at the driveway intersection of this site with Plaza Drive the sidewalk would
transition into the separated sidewalk as required within Eagle City Code. The applicant is
proposing to construct an eight foot (8') wide concrete sidewalk with a ten foot (10') wide planter
strip adjacent to Eagle Road. The applicant should be required to provide a revised site and
landscape plan showing a six inch (6") extruded curb adjacent to Eagle Road. The revised site and
landscape plan should be reviewed and approved by staff prior to the City issuing a zoning
certificate for this site.
. The applicant is proposing to construct the building using the Prairie School style of architecture.
The building is boxy and symmetrical and uses stone and stucco. The pitch of the roofis low with
architectural shingles with wide overhanging eaves. The architecture continues around the entire
building. The applicant is proposing to use accent lighting on the columns and under the covered
areas on the east and north sides of the building. The height of the building does not exceed that
which is permitted within Eagle City Code. The applicant is proposing enclosures for the trash
compactors that are located on the south side of the building. The enclosures are constructed of
the same materials used on the walls adjacent to the enclosures. Metal gates, painted to match the
color of the building will be utilized to screen the compactors and will provide access to the
enclosures.
· The applicant is showing six (6) Celebration Maple trees to be installed adjacent to Eagle Road
spaced approximately twenty four feet (24') on center in two (2) groups of three (3). There is a
fifty foot (50') space between the two (2) groups of trees. Per Eagle City Code, one street is
required to be planted thirty five (35) linear feet of frontage. The applicant should be required to
provide a revised landscape plan showing the street trees adjacent to Eagle Road to be spaced a
minimum of thirty five feet (35') on center within the ten foot (10') wide planter strip. The
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revised landscape plan 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.
· The site and landscape plan show pedestrian circulation throughout the entire site. The plan shows
crosswalks that will cross drive aisles within the development; however, the plans do not indicate
what the crosswalks will be constructed of. The applicant should be required to provide a revised
site and landscape plan showing the materials and colors to be used in the construction of all
crosswalks within this development. The materials and colors 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.
· The letter from Ringert Law (Drainage District No.2) indicates that the District does not approve
of trees within the District's easement and any existing trees located within the District's easement
will need to be removed. One of the existing trees located within the District's easement is a thirty
four inch (34") caliper English Oak tree with a value of$34,140.00. The letter goes on to say that
on occasion the District may make exceptions on a case by case basis, which requires the
developers/owners to obtain written permission from the District for existing trees to remain. One
would think if a tree has reached thirty four inches (34") in caliper that the tree has not been an
issue for the District for MANY years. Staff recommends that the owners obtain approval from
the District to allow the thirty four inch (34") caliper English Oak tree to remain. A letter from the
District should be submitted to the City prior to the City issuing a zoning certificate for this site.
· Sheet L 1.0 1, date stamped by the City on September 2, 2008, indicates a three to four foot (3' -4')
high single-faced illuminated pole sign is proposed in the landscape area just north of the parking
area located on the east side of the building. Although specific details and elevation plans have
not been submitted with this application, staff has several concerns regarding this proposal. First,
pole signs are not permitted in Eagle. Second, internally illuminated signs are also not permitted
in Eagle. Lastly, if this is a directional sign, the elevations, materials, colors, etc. need to be
submitted in a sign application.
· 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 before the Design Review Board on October 9,2008, 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 4 to 0 (Barnes and Whittaker absent, Koci abstained) to approve DR-58-08 for a
design review application for the common area landscaping within Three Oaks Plaza, including a
Walgreens Store for Cottonwood Capital, LLC, 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.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of RZ-l 0-08.
2. Proyide a revised site aFld laadseape plaFl showiag the 40" ealiper Eaglish Oak tree loeate aorthvlest of
the two Eaglish Oak trees shovm to be retaiaed oa this site. The re';ised site aFlel laFldseape plaFl shall
show the parking aFld drive aisle to be remo'.'ed from this area. The reyised site aFld laFldseape plaFl
shall be reyie\ved aFlel approyeel by staff aFld two members of the Design Revievl Board prior to the
City issuing a zoning eertifieate for this site.
3. Prior to any additional demolition of the residential dwellings, the applicant shall obtain a demolition
permit. The applicant shall work with the City Forester to provide protective measures to ensure the
trees that are to be retained on this site are protected.
4. Provide pedestrian amenities (i.e.: benches, trash receptacles, tables, etc.) within the plaza area located
adjacent to the south property line. Detailed cut sheets showing the style, size, color, height, etc. 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.
5. Provide a revised landscape plan showing the area under the two English Oak trees enhanced with
amenities which mav include a larger plaza area, more benches, trash receptacles, planter pots, etc.
The sidewalks shall be constructed of pavers or other materials that permit air and water to get to the
tree roots. Detailed cut sheets showing the style, color, size, etc. of the amenities shall be submitted to
the City. The revised landscape plan and detailed cut sheets shall be reviewed and approved by staff
and two members of the Design Review Board prior to the City issuing a zoning certificate for this
site.
6. Provide a revised site and landscape plan showing a six inch (6") extruded curb adjacent to Eagle
Road. The revised site and landscape plan shall be reviewed and approved by staff prior to the City
issuing a zoning certificate for this site.
7. Proyide a revised landseape plan showiag the street trees adjaeeat to Eagle Road to be spaeed a
miaimum of thirty five feet (35') oa eenter v/ithia the ten foot (10') wiele planter strip. The re';ised
landseape plan shall be reviewed and approved by staff and oae member of the Design Reyiew Board
prior to the City issuing a zoning eertifieate for this site.
8. Provide a revised site and landscape plan showing the materials and colors to be used in the
construction of all crosswalks within this development. The materials and colors 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.
9. A letter of approval from the District to allow the thirty four inch (34") caliper English Oak tree to
remain in their easement shall be submitted to the City or provide proof was made for such letter. pflef
to the City issuing a zoning eertifieate for this site.
10. The landscape architect shall meet with the general and landscape contractors and City Forester prior
to commencement of any work to discuss the importance of tree protection in this project and discuss
the plans that will be provided by a ioint effort between the City Forester, staff, one Design Review
Board member, and the applicant's landscape architect. Meetings between the City Forester and the
general contractor shall occur one time per month during the construction to monitor quality assurance
regarding tree protection.
11. ,A,. projeet arborist qualified ia large tree proteetion aFld preservation shall be retaiaed to oversee the
proteetioa and preservatioa of the trees throughout the entire eonstmetion proeess. Proof of
Iaternational 80eiety of Arborieulmre eertifieation aFld evidenee of qualifieatioa and experieaee shall
be pro';ided to the City as evidenee of eompeteaee.
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12. Long term maintenance shall be done by aR-ISA ~certified arborist qualified in large tree care and ~
plan for long term maintenance shall be submitted to the City Forester for approval prior to the
issuance of a certificate of occupancy. proof of eertification and evidence of qualifieation and
experienee shall be provided to the City. ,^.dditionally, the arborist retained shall submit f{)r approyal
to the City a proteetion plan f{)r tree care prior to the issuanee of a demolition permit and submit a tree
preservation plan prior to issuance of a Certificate of Oceupancy.
13. Turf is not permitted within twenty feet (20') of the driplifle of any tree. The applicant shall SUBmit a
landscape plan showing no turf to be planted within twenty f-eet (20') of any tree drip line and note as
sueh on the plans. The plans shall state that muleh is to Be applied two to three inches (2 3") thick
extending from within six inches (€i") of the trunk to the turf line.
14. All planter strips shall be trenched out to at least a two foot (2') depth and refilled with
topsoil/compost mix so as to accommodate tree roots and give greater stability to the trees.
15. Provide a revised site and landscape plan removing the reference to a sign being located north of the
parking area located on the east side of the building and reference to rock ground cover indicated to be
located in the planter beds. Provide a revised site and landscape plan showing one inch minus bark to
be located throughout the planter beds. The revised site and landscape plan shall be reviewed and
approved by staff prior to the City issuing a zoning certificate for this site.
16. A design review application for the retail/restaurant building shall be submitted to the City for review
and approved prior to any construction taking place on that pad site.
17. Provide elevations of the trash enclosure shown in the parking just east of the retail/restaurant pad site.
The materials and colors shall be reviewed and approved by staff and one member ofthe Design
Review Board prior to the City issuing a zoning certificate for this site.
18. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle
City Code.
19. Submit payment to the City, at the time of building permit submittal, for all Engineering fees incurred
for reviewing this project.
20. The applicant shall be required to comply with any applicable conditions placed on this application by
the City Engineer.
21. Submit payment to the City, at the time of building permit submittal, for the Planning and Zoning plan
reVIew.
22. No ground mounted mechanical units are proposed with this application and none are approved.
23. Roof top mechanical units, hoods, vents, access ladders shall not be permitted to extend above the
parapet walls or mansard roofs.
24. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building.
25, No signs are proposed with this application. A separate design review application (DR-59-08) has been
submitted for the approval of signage for this building. The sign plan shall be reviewed and approved
prior to the City issuing a zoning certificate for this site.
26. No tree mitigation is required on this site. The landscape plan date stamped by the City on September
2, 2008, is approved.
27. The applicant shall work with the Eagle Arts Commission to consider land area to be used bv the City
for the display of City funded art. The area to be used shall be approved by the applicant and the City
of Eagle.
28. Provide a revised site and landscape plan showing the drainage within this development to be
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subsurface. The revised site and landscape plan shall be reviewed and approved by staff and two
members ofthe Design Review Board prior to the City issuinl;!: a zoning certificate for this site.
29. The location of the building. the parking. and the parking reduction. as shown on the site and
landscape plan. date stamped by the City on September 2. 2008. are approved.
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
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 Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is 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
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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 street 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.
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.
12. 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 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.
14. 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.
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
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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 City
Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staffmay
elect to take those plans to the Design Review Board and the City Council for 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
occupancy of this project.
23. 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.
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 City Council 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:
1. The application for this item was received by the City of Eagle on September 2,2008.
2. Requests for agencies' reviews were transmitted on September 5, 2008, 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-58-08) 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,
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concludes that the proposed design review application is in accordance with the Eagle City Code and
Eagle Comprehensive Plan as described herein.
The Board recognizes that this site does not comply with several areas of the code regarding building
setbacks, the location of the parking, and the required parking. The Board recommends that the code
sections regarding these items be suspended or relaxed to promote the preservation of the large trees
within this development. It is the Board's opinion that the site as designed provides great vehicular
circulation not only within this development but to the developments to the north and south. The
pedestrian circulation together with the gathering area and small plaza area provide for an area where
the local retailers can provide a unique shopping experience for their patrons. Based on the parking
calculations submitted by the applicant and because of the interconnectivity throughout this
development as well as the developments to the north and south; the Board recommends the parking to
be approved as presented.
4. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD-DA (Central Business District with development agreement) zoning district.
DA TED this 23rd day of October 2008.
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Page 18 of 18
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