Findings - CC - 2017 - AA-04-17/DR-05-17 Convenience Store w/Fuel - Appeal Decision For Master Sign Plan For Convenience Store With Fuel (2)BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN APPEAL OF THE DESIGN REVIEW )
BOARD DECISION REGARDING DR -05-17 )
FOR A MASTER SIGN PLAN FOR A )
CONVENIENCE STORE WITH FUEL SERVICE )
FOR JAY WALKER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER AA-04-17/DR-05-17
The above -entitled appeal came before the Eagle City Council for their action on April 11, 2017. The City
Council 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:
Jay Walker, represented by Walter Lindgren with Lindgren:Labrie Architecture, PLLC, is appealing
the Design Review Board's decision regarding the above referenced matter for the reasons specified in
their appeal application, date stamped by the city on March 17, 2017 (attached hereto). The site is
located on the southeast corner of East Hill Road and SH -55 at 2805 and 2809 East Hill Road.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on March 17, 2017.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 9, 1999, the City Council approved a comprehensive plan amendment from Industrial to
Commercial for this site (CPA -06-16).
On January 11, 2000, the City Council approved a rezone from R-4 (Residential) and M -1A (Industrial
Park District) to C -3 -DA (Highway Business District with a development agreement) for Sharon
Patterson (RZ-06-99).
On October 11, 2016, the City Council approved a development agreement modification to allow a
right -in only access from SH -55, remove Condition of Development 2.5, and add a building elevation
as an exhibit to the development agreement (RZ-06-99 MOD).
On March 9, 2017, the Design Review Board approved a design review application for a convenience
store with fuel service with fuel island canopy for this site (DR -04-17).
On March 9, 2017, the Design Review Board approved a design review application for a master sign
plan for a convenience store with fuel service with fuel island canopy for this site (DR -05-17).
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS APPEAL:
• Eagle City Code Section 8-2A-14: APPEALS:
A. Administrative decisions may be appealed to the design review board and design review board
decisions may be appealed to the city council. An appeal fee, as may be adopted by resolution of
the city council, shall be required for any appeal. Appeals shall comply with the following:
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1. Any such appeal shall be submitted within ten (10) calendar days after the written decision by
filing with the administrator a notice of appeal specifying the grounds for the appeal. The
administrator shall transmit to the appellate body, either the design review board or the city
council, all documents constituting the record upon which the appeal is based. An appeal stays
all proceedings in furtherance of the action taken.
2. Within seven (7) calendar days after receipt of an appeal, the zoning administrator shall fix a date
for the application to be heard and shall notify the appealing party and applicant, if not the
appealing party, with no further notification being required.
3. The grounds for the appeal may address, but is not limited to, the following:
a. Inconsistency with the required findings specified within subsection 8 -2A -13(B) of this article;
b. Inconsistency with the purpose and objectives of this article;
c. Lack of nexus between the requirement and the proposal;
d. Discriminatory action;
e. Unwarranted prevention of an allowed land use;
f. Undue interference with the design integrity of the proposal;
g. Prohibition or unwarranted restriction of building type or material;
h. Violation of law.
4. The appellate body, either the design review board or the city council, shall either approve,
approve with supplementary conditions, or deny the design review application as presented and
shall adopt findings as required within subsection 8 -2A -13B of this article. Within seven (7)
calendar days after a written decision has been rendered, the zoning administrator shall provide
the applicant with written notice of the action on the request. (Ord. 756, 8-23-2016)
• Eagle City Code Section 8 -2A -13(B):
B. Action And Required Findings: Following a complete review of the design review application,
the zoning administrator or design review board, whichever is applicable, shall approve the
application as presented, approve the application with supplementary conditions, continue the
application for further review, or deny the application.
1. City Findings: The city shall make findings which address the following:
a. The ordinance and standards used in evaluating the application;
b. The reasons for the approval or denial;
c. The actions, if any, that the applicant could take to obtain approval.
2. General Standards For Design Review: The zoning administrator or design review board,
whichever is applicable, shall review the particular facts and circumstances of each proposed
design review in terms of the following standards and shall find adequate evidence showing that
such design review at the proposed location:
a. Will function in conformance with the applicable strategies of the Eagle comprehensive plan
and is in accordance with the regulations of this code;
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
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adjacent uses as anticipated within the zoning district;
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;
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;
g. Will provide safe and convenient access to the property for both vehicles and pedestrians
through patterned traffic circulation and connectivity to abutting development;
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;
and
i. Will have signs, if proposed, that are harmonious with the architectural design of the building
and adjacent buildings, and will not cover or detract from desirable architectural features.
• All City Code Sections identified within the Design Review Board's findings of fact and
conclusions of law document, dated March 9, 2017, are incorporated herein by reference.
B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS APPEAL:
• The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the Project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur or be required. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing shall
be held on any proposed changes in the Concept Plan and notice shall be provided as may be
required by the City.
• Owner shall provide an approved Idaho Transportation Department access permit to allow access
to State Highway 55 prior to construction of improvements on the Property.
• The access to State Highway 55 shall be right -in only and shall be located in proximity to the
southwest corner of the site.
• Owner shall comply with all requirements of the Idaho Transportation Department, including
but not limited to approval of drainage systems, curbs, gutters, streets, and sidewalks.
• Owner shall provide a landscape buffer area located adjacent to SH -55 and East Hill Road. The
landscaped buffer area shall consist of a three foot (3') high landscaped berm (measured from the
centerline of SH -55 and East Hill Road). The berm area shall be landscaped with the following
plants per one hundred (100) linear feet of right of way: two (2) shade trees, three (3) evergreen
trees, and twenty-four (24) shrubs. Each required shade tree may be substituted with one (1)
flowering/ornamental tree, provided that not more than fifty percent (50%) of the shade trees are
substituted. The landscape plan shall be reviewed and approved by the Design Review Board prior
to the issuance of a zoning certificate.
• Owner shall comply with all requirements of the Ada County Highway District, including but not
limited to approval of drainage systems, curbs, gutters, streets, and sidewalks.
• The canopy associated with the fuel islands shall be architecturally compatible with the
convenience store. The proposed architecture of the fuel canopy shall be reviewed and approved
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by the Design Review Board prior to the issuance of a zoning certificate.
• The canopy associated with the fuel islands or signage contained within the canopy associated
with the fuel islands shall not be internally illuminated.
C. DISCUSSION:
• See the Design Review Board's fmdings of fact and conclusions of law document, dated March 9,
2017, for relevant background information on this matter.
• On October 11, 2016, the City Council approved a development agreement modification associated
with a convenience store with fuel service. The modification removed the condition requiring a
conditional use permit for a convenience store with fuel service. The development agreement
identifies a convenience store with fuel service as the only use allowed on the property. Eagle City
Code Section 8-1-2, defines convenience store as "retail sales of food, beverages and small
convenience items typically found in establishments with long or later hours of operation."
On February 23, 2017, the Design Review Board approved a convenience store with fuel service
with fuel island canopy and a master sign plan for the site. The justification letter provided with the
application for the convenience store identified the potential for up to two sub -tenants to be located
inside the store (such as Krispy Krunchy Chicken). Based upon the business operation of a Krispy
Krunchy Chicken franchise, it is reasonable to interpret that its inclusion into a convenience store
is ancillary to the primary use of the store and fits within the definition of "Convenience Store"
(noted above). While it may be a sub -tenant from a leasing perspective, its primary use is not
considered apart or separate from the primary convenience store use, as defined above. The
convenience store (with or without a sub -tenant) is not a multi -tenant building as contemplated in
the signage regulations of ECC 8-2A-8.
Additionally, all calculations (i.e. parking, signage) associated with the design review approval for
the convenience store with fuel service with fuel island canopy and the master sign plan were based
on the single -tenant land use category of "Convenience Store with fuel service." A use which
included a multi -tenant building (if allowed in the development agreement, which currently it is
not) would have resulted in a different set of findings of fact, including parking calculations.
• The Design Review Board discussed the following during their deliberation:
- All sign elevations will need to come back for Design Review Board approval.
-The site will have signs on the building, fuel island canopy, and two 8 -foot tall monument signs.
The twenty-one foot five inch (21' 5") tall fuel island canopy will have signage and additional
signage would be unnecessary.
-The master sign plan application identifies the locations of signs and has requirements consistent
with Eagle City Code.
-Are Mobil (fuel brand) and the convenience store considered two separate tenants?
-The convenience store floor plan did not show additional office/retail areas and is not a multi -
tenant building.
-The convenience store does not need signage because with the fuel island canopy with signs and
the monument signs people will know that it is a convenience store.
-All information provided by the applicant leads to the conclusions that this a single tenant
building.
-The application was approved by the Design Review Board with 8 -foot high monument signs
consistent with Eagle City Code's requirement for any single -tenant building.
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• Staff will be available to provide additional information or answer questions during the City Council
review of the appeal.
PUBLIC MEETING OF THE CITY COUNCIL:
A. A meeting to consider the application was held before the City Council on April 11, 2017, at which
time their decision was made.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one (other than
the applicant/representative)
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DELIBERATION:
The Council discussed during deliberation that the Design Review Board's decision should be upheld. The
convenience store with fuel service is a single -entity use and is not considered a multi -tenant building, and
therefore, is not eligible for a 15 -foot tall monument sign.
COUNCIL DECISION:
The Council voted 4 to 0 to deny AA-04-17/DR-05-17 for an appeal for Jay Walker.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this appeal application (AA-04-17/DR-
05-17) with regard to the Eagle City Code Title 8, and based upon the information provided, concludes
that the site is not eligible for one or more 15 -foot tall monument signs since the building is a single
use/single tenant building; single -tenancy with one or two sub -tenants does not qualify as multi -
tenancy. Additionally, the approved rezone with development agreement (Instrument No.: 2016-
112982 & Rezone No. RZ-06-99 and RZ-06-99 MOD) restricts the use of the Property to a convenience
store with fuel service and does not permit a multi -tenant building. The Council supports the Design
Review Board's Findings of Fact and Conclusions of Law established within DR -05-17, and concludes
that the signage approved to be constructed on the fuel island canopy, the convenience store, and two,
8 -foot tall monument signs is in compliance with Eagle City Code 8-2A-8, with the site specific
conditions of approval and standard conditions of approval provided within the Board's Findings of
Fact and Conclusions of Law.
DATED this 25th day of April 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
'dgeway, Mayor
ATTEST:
Sharon . Bergmann, Eagle Ley Clerk
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Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a
reconsideration within fourteen (14) days of the final written decision.
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