Findings - DR - 2017 - DR-03-03 MODModify the HD site located in Eagle Promenade Shopping Center - Modify The Home Depot Site Located In The Eagle Promenade Shpping CenterBEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION
FOR A DESIGN REVIEW TO MODIFY THE
HOME DEPOT SITE LOCATED WITHIN
THE EAGLE PROMENADE SHOPPING
CENTER FOR THE HOME DEPOT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR -03-03 MOD
The above -entitled design review application came before the Eagle Design Review Board for their action
on February 23, 2017. 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:
The Home Depot, represented by Jeremy Hancock, is requesting design review approval to modify site
specific condition of approval #3 established with the approval of DR -03-03 to permit product storage
and outdoor sales within the parking lot. The 12.5 -acre site is located on the northeast corner of State
Highway 55 and State Highway 44 at 2808 East State Street within the Eagle Promenade Shopping
Center.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on January 23, 2017.
C. NOTICE OF AGENCIES' REVIEW:
Requests for agencies' reviews were transmitted on January 26, 2017, in accordance with the
requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On March 13, 2001, the Eagle City Council approved a preliminary plat application and conditional
use application for Eagle Towne and Country Centre (PP-18-00/CU-18-00).
On April 24, 2001, the Eagle City Council approved a design review application for the common area
landscaping within Eagle Towne and Country Centre including a building design for WinCo Foods
(DR -6-01).
On February 12, 2002, the Eagle City Council approved a preliminary plat extension time application
for Eagle Towne and Country Centre (PP -18-00) for one year until March 13, 2003.
On February 26, 2002, the Eagle City Council approved a design review extension of time application
for Eagle Towne and Country Centre including the building design for WinCo Foods (DR -6-01) for
one year until April 24, 2003.
On March 11, 2003, the Eagle City Council approved a design review application to construct a home
improvement store with a garden center (DR -03-03).
On September 9, 2003, the Eagle City Council approved a design review application for building wall
signs for The Home Depot (DR -30-03).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business The Home Depot Store and
District) Garden Center
Proposed No Change No Change No Change
North of site Business Park BP (Business Park District) Mini -Storage
South of site Commercial C-3 (Highway Business Epic Shine Car Wash /
District) Freddy's Frozen Custard
East of site Commercial C-3 (Highway Business Petco / Winco
District)
West of site Residential Four R-4 (Residential) State Highway 55 / Great
Sky Estates Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is developed with The Home Depot Store and garden
center, landscaping, and parking.
I. SITE DATA:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 12.5 -acres (544,500 -square feet) 1,300 -square feet (minimum)
Percentage of Site Devoted 23% (approximately) 92% (maximum)
to Building Coverage
Percentage of Site Devoted 25% (approximately) 10% (minimum)
to Landscaping
Number of Parking Spaces 512 -parking spaces 507 -parking spaces (Home
Improvement Building with
Garden Center - minimum)
Front Setback 30 -feet (Northeast) 30 -feet (minimum)*
Rear Setback 60 -feet (South) 0 -feet (minimum)*
Side Setback 30 -feet (Northwest) 30 -feet (minimum)*
Side Setback 40 -feet (Southeast) 30 -feet (minimum)*
*Setbacks are approved through CU -18-00
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No change
Height and Number of Stories of Proposed Buildings: No change
Gross Floor Area of Proposed Buildings: No change
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On and Off -Site Circulation: Changes to the parking lot for product storage and outdoor sale displays
are proposed.
K. BUILDING DESIGN FEATURES: N/A
L. LANDSCAPING DESIGN: N/A
M. TRASH ENCLOSURES: N/A
N. MECHANICAL UNITS: N/A
O. OUTDOOR LIGHTING: N/A
P. SIGNAGE: No signs are proposed with this application.
Q. PUBLIC SERVICES AVAILABLE:
A preliminary approval letter from Eagle Fire Department has 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 — yes — 500 year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek — canal — Drainage District #2
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - unknown
Wildlife Habitat - no
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required.
V. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Central District Health
Eagle Fire Department
Tesoro Logistics NW Pipeline
W. LEVIERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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Commercial
Suitable primarily for the development of a wide range of commercial activities including offices,
retail and service establishments. Uses should complement uses within Downtown Eagle.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-1: GENERAL APPLICABILITY:
This article applies to all proposed development located within the design review overlay district
which shall include the entire city limits, and any land annexed into the city after the date of
adoption hereof. Such development includes, but is not limited to, new commercial, industrial,
institutional, office, multi -family residential projects, signs, common areas, subdivision signage,
proposed conversions, proposed changes in land use and/or building use, exterior remodeling or
repainting with a color different than what is existing, exterior restoration, and enlargement or
expansion of existing buildings, signs or sites, and requires the submittal of a design review
application pursuant to this article and fee as prescribed from time to time by the city council.
C. DESIGN REVIEW PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL (DR -03-03):
• Site Specific Condition of Approval #3. No outside storage (Seasonal Sales Area) of merchandise
shall be located in the front parking area. Outside storage shall only be permitted next to the
building or behind the home improvement store.
D. CONDITIONAL USE PERMIT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (CU -18-00): None
E. DISCUSSION:
• The applicant is requesting design review approval to modify the parking area to designate areas
for product storage and outdoor sales. The applicant's justification letter, date stamped by the city
on January 23, 2017, identifies the following parking spaces for product storage and outdoor
sales:
• 12 -parking spaces for a tuff shed display area (located on the south side of the building
centered in the parking lot).
• 2 -parking spaces for a sod hut (located on the south side of the building and the closest
location to the front of the Garden Center).
• 10 -parking spaces for live goods shipping crates (located on the north side of the building).
• 20 -parking spaces for garden product storage (located on the west side of the building).
• Bulk cart staging (located on the south side of the building on the curbs across from the front
of the store).
The site plan, date stamped by the city on January 23, 2017, identifies the locations of the parking
spaces. The applicant is not proposing any other modifications to the site. Staff defers comment
regarding the product storage and outdoor sales areas to the Design Review Board.
• The Home Depot site is required to have 507 -parking spaces. Currently the site has 556 -parking
spaces. The applicant is proposing to designate 44 -parking spaces for product storage and outdoor
sales. This reduction will leave the site with 512 -parking spaces which exceeds the minimum
507 -spaces required for the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
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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 February 23, 2017,
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 5 to 0 (Baer and Koci absent) to approve DR -03-03 MOD for a design review
application to modify site specific condition of approval #3 established with the approval of DR -03-03 to
permit product storage and outdoor sales within the parking lot for The Home Depot, with the following
staff recommended site specific conditions of approval and standard conditions of approval with text
shown with underline to be added by the Board.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable conditions of CU -18-00 and DR -03-03.
2. Product storage and outdoor sale displays shall be limited to the areas as shown on the site plan, date
stamped by the City on January 23, 2017.
3. Provide a revised landscape plan showing a buffer between the eight (8) parking spaces located on the
western boundary of the site and State Highway 55. The buffer shall be of a height and density to
screen the storage material proposed within this location. If the eight (8) parking spaces adiacent to
State Highway 55 are not utilized for storage of materials. the applicant may propose a different
location (i.e.. area north of the building) that is screened from view. The revised landscape plan
(which may include a different location for storage of materials — i.e.. area north of the building) shall
be reviewed and approved by staff and one member of the Design Review Board prior to any
landscaping being installed or the relocation of any material.
4. Pallets within the garden product storage area located adiacent to the outdoor garden center shall not
be stacked more than 10 -feet high.,
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of a Zoning Certificate for this site.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
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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
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
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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 be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Park and Pathway Development Committee for a
path or walkway shall be approved in writing by the Eagle City Park and Pathway Development
Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit
or Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the City Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and the City Council for review and approval.
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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 Board reviewed the particular facts and circumstances of this proposed design review application
(DR -03-03 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.
2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of
Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the
proposed design review:
A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and
is in accordance with the regulations of this code since there are no inconsistencies with the
comprehensive plan and a home improvement store with garden center is permitted within the C-3
(Highway Business District) zoning district;
B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned
development in the vicinity of the site;
C. Is designed with adequate off street parking facilities in such a way as to not interfere with
ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent
uses as anticipated within the zoning district since the site meets the required parking for a home
improvement store with a garden center and the drive aisles are designed in conformance with
Eagle City Code 8-4-5;
D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city,
and where possible, enhance the continuity of thematically common architectural features;
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E. Will have facades, features, and other physical improvements that are designed as a whole, when
viewed alone as well as in relationship to surrounding buildings and settings;
F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic
considerations since the existing building is in conformance with the required setbacks and height
restrictions;
G. Will provide safe and convenient access to the property for both vehicles and pedestrians through
patterned traffic circulation and connectivity to abutting development since the applicant has
complied with the parking requirements for the site and the pedestrian walkways and the parking
lot have been design with connectivity to the adjacent sites;
H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and
walkable environment in balance with protecting a viable commercial center in the area since the
site has been designed in compliance with the Eagle City Code; and
I. The signs existing on the site and building were previously approved with design review application
DR -30-03.
DATED this 9th day of March 2017.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
Ada Cq tyJId. g o
Rdbert Grub . , Chairman
A 1"1EST:
Sharon K. Bergmann, Eagle City Clerk
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