Findings - DR - 2015 - DR-36-06 MOD - Modification To Remove The Awings From The West Building Elevation Of Albertsons BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION )
FOR A DESIGN REVIEW MODIFICATION )
TO REMOVE THE AWNINGS FROM THE )
WEST BUILDING ELEVATION OF )
ALBERTSONS FOR ALBERTSONS, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-36-06 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on January 8, 2015. 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:
Albertsons, Inc., represented by Lee Young with CSHQA Architects, is requesting design review
approval to modify the building elevations by removing the awnings from the west building
elevation. The site is located on the southeast corner of South Eagle Road and Plaza Drive at 250
South Eagle Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on November 24, 2014.
C. NOTICE OF AGENCIES' REVIEW:N/A
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 14, 1995,the Eagle City Council approved a rezone application with a development
agreement and a design review application for this site.
On July 15, 1997, the Eagle City Council approved a design review application for the
modification to the Albertsons parking lot and construction of a fuel island and canopy(DR-17-95
MOD).
On July 11, 2006, the Eagle City Council approved a design review application for a building
addition, exterior remodel and site modifications (DR-36-06).
E. COMPANION APPLICATIONS: None
Page 1 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal dr£doc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business District) Albertsons
Proposed No Change No Change No Change
North of site Downtown CBD(Central Business District) Eagle Plaza Shopping Center
South of site Downtown CBD(Central Business District) Eagle Pavilion Shopping
Center
East of site Downtown CBD(Central Business District) Senior Housing Facility
West of site Downtown CBD(Central Business District) Eagle Road/Walgreens
G. DESIGN REVIEW OVERLAY DISTRICT: This site is located within the Community Entry
Development Area(CEDA).
H. EXISTING SITE CHARACTERISTICS: There is an existing grocery store building with associated
parking on this site. The site is completely improved with parking, landscaping, and site lighting.
I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 205,429-square feet(4.7-acrs) 500-square feet(0.01-acres)
(minimum)
Percentage of Site Devoted to 20% (approximately) 20% (minimum)**
Building Coverage 85% (maximum)**
Percentage of Site Devoted to 30% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 252-parking spaces(existing) 213-parking spaces(minimum)
Front Setback 110-feet(west) * 20-feet(minimum)**
Rear Setback 56-feet(east) * 0-feet(minimum)
Side Setback 10-feet(south) * 10-feet(minimum)**
Side Setback 85-feet(north) * 10-feet(minimum)**
*Note:Setbacks are measure from the property line to the closest building.
**Note:Required lot coverage and setbacks when located within the CEDA overlay district.
Page 2 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal drf doc
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Building: One existing grocery store building(no change).
Height and Number of Stories of Existing Building: 38-feet in height; one story(no change).
Gross Floor Area of Existing Building: 51,307-square feet(no change).
On and Off-Site Circulation: Existing, no changes.
K. EXISTING BUILDING DESIGN FEATURES:
Roof: Flat Roof
Walls: Brick(Inca Red), Split Face CMU(Moondust)
Windows/Doors: Steel doors and frames (painted to match Inca Red brick), Aluminum store front
(Clear Anodized Aluminum)
Fascia/Trim: EIFS fascia and corner treatment(Gray)
L. LANDSCAPING DESIGN:No changes proposed.
M. TRASH ENCLOSURES: Existing,no changes.
N. MECHANICAL UNITS: Existing roof top mechanical units, no changes.
The applicant is proposing to use ground mounted mechanical units. The ground mounted
O. OUTDOOR LIGHTING: Existing, no changes.
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 AVAILABLE:N/A
R. PUBLIC USES PROPOSED:None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
T. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern-none
Evidence of Erosion-no
Fish Habitat-no
Floodplain-no
Mature Trees-yes
Riparian Vegetation-no
Steep Slopes -no
Stream/Creek-no
Unique Animal Life-no
Unique Plant Life-no
Unstable Soils -unknown
Page 3 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal drf doc
Wildlife Habitat-no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):Not
required
V. AGENCY RESPONSES:N/A
W. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Downtown.
B. ZONING CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: General Applicability:
This article applies to all proposed development located within the design review overlay
district which shall include the entire city limits, and any land annexed into the city after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi-family residential projects, signs, common areas,
subdivision signage, proposed conversions,proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires the
submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the city council.
• Eagle City Code Section 8-2A-6(A)(6): Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with existing
development in the immediate surrounding area and with the allowed use proposed by the
applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest
through the use of such features as balconies,bays, porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment,to provide shadow
relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and existing area
development. Use of color to provide blending of materials with the surrounding area and
building use, and the functional appropriateness of the proposed building design as it relates to
the proposed use shall be considered; and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book are
approved examples for applicants to follow when designing for Eagle architecture.
C. DISCUSSION:
• On July 11, 2006,the Eagle City Council approved a design review application to modify the
building elevations and site for the Albertsons grocery store(DR-36-06). Prior to April 6, 2006,
Page 4 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal drfdoc
there were blue awnings on the west building elevation of the Albertsons grocery store and the
July 11, 2006, approval by the Council allowed the awnings to change to burgundy. The lighting
and other storefront windows proposed with the July 11, 2006, approval were not constructed by
the applicant. The City Council approval of DR-36-06 waived the setback, streetscape,
landscaping to screen the parking lot,historic lights along East Plaza Drive, and trash enclosure
screening.
The applicant is requesting approval to completely remove the awnings from the west building
elevation. Pursuant to the applicant's justification letter,they desire more natural light in the
building and they believe the removal of the awnings would help provide this. They also indicate
that several delivery trucks have hit the awnings,thus requiring installation of pipe bollards in
front of the stores entry. Pursuant to Eagle City Code, openings in the building shall provide
interest through the use of such features as balconies, bays,porches, covered entries, overhead
structures, awnings, changes in building facade and roofline alignment,to provide shadow relief.
Staff defers comment regarding the removal of the awnings to the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
This design review application includes the request for approval to remove the awnings from the
west building elevation. If the Eagle Design Review Board approves the removal of the awnings,
then staff recommends the site specific conditions of approval and the standard conditions of
approval provided within the staff report.
PUBLIC MEETING OF THE BOARD:
A. A meeting to consider the application was held before the Design Review Board on January 8, 2015, 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 7 to 0 to approve DR-36-06 MOD for a design review application to modify the
west building elevation of the Albertsons by removing the awnings for Albertsons, Inc., with the
following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Remove all tubing, connections,brackets, etc. associated with the awnings. Repair and paint any holes
left from the removal of the connections and brackets on the arches and columns to match the adjacent
texture and color.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
Page 5 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal drf doc
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
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy,whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer(if applicable)prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
Page 6 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertson awning removal drfdoc
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.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Park and Pathway Development Committee for a path or
walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code,pertaining to floodplain and
river protection regulations(if applicable)prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable)from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways(if applicable)from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
Page 7 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal dr£doc
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City
Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction/
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
24. Any change by the applicant in the planned use of the property which is the subject of this application,
shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory
and legal restrictions in force at the time the applicant or its successors in interest advises the City of
Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said
requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code
(one year from the City Council approval date).
26. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping(top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
27. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 24, 2014.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-36-06 MOD) 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.
3. Will, in fact, constitute a permitted use as established in Eagle City Code Title 8, Chapter 2, Section 3,
for the CBD(central business district)zoning district.
Page 8 of 9
K.\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertsons awning removal drf.doc
DATED this 22nd day of January 2015.
DESIGN REVIEW BOARD
OF THE CITY OF GLE
Ada Coun , I ho
/ i
---- iiir
6 SAO
Robert Grubb, Chairman 4461
"� ♦�0 RAr�
r
tO 410 ATTEST: • 0'4 , D
L C4>te..A.,k1 i4-0' 14-(-)j-) - C.e."-tr fr 0
SIVE des-
`� Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 9 of 9
K:\Planning Dept\Eagle Applications\Dr\2006\DR-36-06 MOD Albertson awning removal drf.doc