Findings - PZ - 1998 - CU-7-98 - Eagle Country Plaza Shopping Cntr/Multi-Tenant Commercial/Chinden/Eagle Rd
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
)
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOREAGLE )
COUNTRY PLAZA SHOPPING CENTER FOR
WILLIAM HODGES
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU- 7-98
The above-entitled conditional use application came before the Eagle Planning and Zoning
Commission for their recommendation on September 14, 1998 and September 28, 1998. The
Eagle Planning and Zoning Commission 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:
William Hodges is requesting conditional use approval for Eagle Country Plaza
Shopping Center consisting of a multi-tenant commercial building (with attached
restaurant and with drive-thru service for an unspecified use), and two separate
building pads (one pad to include drive-thru service for a drug store). The total
building area proposed is approximately 74,000-square feet. The entire site is 7.5-
acres and is located at the northeast comer of Chinden Boulevard and Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 13,
1998.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on August 21, 1998. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on August 24, 1998, with the exception of
property owner Gary 1. Nasman, 3290 S. Eagle Road (Parcel #S0521336052).
That owner has provided the City with written acknowledgment of the project and
states that he has no objection to the Planning and Zoning Commission public
hearing being held on September 14,1998 (see letter dated September 3,1998).
Requests for agencies' reviews were transmitted on August 14, 1998 in
accordance with the requirements of the Eagle City Code.
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D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
The City approved a rezone with development agreement for this site on June 27,
1995.
On July 14, 1998, the Eagle City Council determined that a development
agreement does not negate the Eagle City Code requirement (Section 8-2-3
"Official Schedule of District Regulations") for a conditional use permit for a
shopping center for this site (C-2 and C-1 zones). The development agreement
(Article III Conditions on Development 3.1) states, "Applicant will develop the
Property as represented in the rezone application, including the concept plan (see
attached), subject to the conditions set forth in this Development Agreement.
Further. Applicants will submit such applications regarding design review and any
conditional use permits as required by the Eagle City Code. "
E.
COMPANION APPLlCA nONS:
DR-17-98 was submitted for this site (excluding the portion of the site where a drugstore
with drive-thru was proposed) and was subsequently withdrawn by the applicant.
DR-16-98 was submitted for a drugstore with drive-thru by Rite Aid Corp. That applicant
has asked for a continuance until this conditional use permit is acted on by the Council
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2 (General Business Commercial (Gloria's
District) & C-I Restaurant and abandoned
(Neighborhood Business motel) and pasture land
District)
Proposed No Change No Change Commercial Shopping
Center - Eagle Country Plaza
North of site Low Density Residential R-2 (Residential) Residences
(2-units per acre
maximum)
South of site Not in Eagle City's Area Boise Designation ofL-aD Vacant
ofImpact
East of site Low Density Residential R-2 (Residential) Pasture for residence
(2-units per acre
maximum)
West of site Low Density Residential R-I-P (Residential PUD) Eagle Road/Residences
(2-units per acre
maximum)
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G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The existing buildings are proposed to be removed from the site. There are
several existing trees, located along the western portion of this site, that are
proposed to be removed.
I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 7.5-acres 0.045-acres/ 2,000 sq. ft.
(minimum)
Percentage of Site Devoted to 22.4% (Entire Commercial 50% (maximum)
Building Coverage Development)
Percentage of Site Devoted to 14.5% 10% (minimum)
Landscaping
Number of Parking Spaces 317-spaces 316-spaces
*See Note Below Chart
Front Setback (South) 25-feet (approx.) O-feet (minimum)
(Chinden Blvd.)
Rear Setback (North) 40-feet (approx.) 40-feet (minimum)
Side Setback (West) 57-feet (approx.) O-feet (minimum)
(Eagle Rd.)
Side Setback (East) 58-feet (approx.) 40-feet (minimum)
*Note: The above noted setback distances were calculated from the perimeter property
line boundary of the entire shopping center (from property line to closest building).
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Two buildings and one building pad site are proposed as part of this commercial
shopping center development. One 51,500 sq. ft. building is proposed for multi-
tenant retail lease space with a 3,000 sq. ft. restaurant and with a drive-thru for an
unspecified use. One 5,000 sq. ft. separate building pad is also proposed and one
14,000 sq. ft. pad for a drugstore with drive thru is proposed.
Height and Number of Stories of Proposed Buildings:
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The multi-tenant building is proposed to be 27'6" high, one story. This height is
permitted by the development agreement.
The height of the building to be on 5,000 sq. ft. pad will be addressed under a
separate design review application.
The height of the proposed drug store with drive-thru is proposed to be 29' 5"
high, one story.
The development agreement for the shopping center restricts "separate pad"
commercial buildings within the development to a maximum height of 20-feet with
architectural treatments not to exceed 25 J high..
Gross Floor Area of Proposed Buildings:
The total floor area of all of the buildings proposed within the commercial
shopping center development is approximately 74,000-square feet.
On and Off-Site Circulation:
The 136,000 sq. ft. (approx.) paved parking area provides parking and turn-around
area for vehicles using this site. Four driveways (2 on Eagle Rd. and 2 on
Chinden Blvd.) are proposed for this site. The driveways must meet the minimum
requirements of the highway district(s) having jurisdiction over this site.
K.
BUILDING DESIGN FEATURES:
MUL TI TENANT BUILDING:
Roof: Standing Seam Metal - Forest Green
Walls: Wood Lap Siding, E.I.F.S.
Facia/Trim: Painted Hardboard
Other: Awnings - Forest Green
DRUG STORE WITH DRIVE-THRU:
Roof: Metal Panel Roofing! E.P.D.M. (Ivy Green)
Walls: E.I.F.S. (Ivory/Tan)
Windows/Doors: Aluminum Storefront (Ivy Green)
Facia/Trim: Painted Metal (Ivory/Tan)
L.
LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
12-mature trees are existing on the site with a total caliper of 125-inches valued at
$10,430.00 (see attached arborist report).
The applicant has requested City approval to remove all trees from the site.
Tree Replacement Calculations:
If the City permits the removal of all the existing trees currently located on the
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site, then a total replacement caliper of l59-inches is required (per Eagle City
Code Section 8-2A- 7 (C)(l) for new plantings to be installed within the
boundaries of the entire shopping center site.
Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board
Street Trees:
The trees are spaced at a maximum of 20-feet apart in accordance with the
development agreement except in front of the drugstore site where some trees are
approximately 40-feet apart.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: Nla
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed around the portions of the parking
area that abut public streets.
b. Interior Landscaping:
10% interior landscaping is required. 8.6 % (approx.) is proposed.
M.
TRASH ENCLOSURES:
Three separate 170 sq. ft. trash enclosures are proposed to be behind the multi-
tenant building. The enclosures are proposed to be 6- feet high and constructed
out of split-face CMU block and painted to match the multi-tenant building's
exterior.
One 300 sq. ft. trash enclosure is proposed to be located along the west side of the
proposed drugstore approximately 30-feet south of the southerly driveway on
Eagle Road. The enclosure is proposed to be constructed of masonry and covered
with cultured stone to match the building's exterior.
N.
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.
O.
SIGNAGE:
No signs are proposed with this application. A separate design review application
is required for the approval of any signs.
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V.
P.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire
Department, Eagle Sewer District have been received by the City. A water
service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
Q.
PUBLIC USES PROPOSED: None
R.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
S.
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 - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
T.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
U.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Co.
Independent School District of Boise City #1
LETTERS FROM THE PUBLIC:
The following citizens have responded and their correspondence is attached.
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W.
Duayne Didericksen to COE
James M. Liley to COE
Denice Goodrich Liley to COE
Gary Nesman to COE
William Hodges to Denise Liley
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each
proposed Conditional Use in terms of the following standards and shall find adequate
evidence showing that such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B.
ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and
any other such structures shall be limited to a maximum ofthirty five feet (35').
Additional height may be permitted if a conditional use permit is approved by the
City Council.
. Section 8-2A-7 (J)(2)(a) & (3)(a)(c)
When a commercial or industrial use abuts a residential use, a ten foot (10') wide
by six foot (6') high landscaped buffer is required.
Materials:
All buffer areas shall be comprised of, but not limited to, a mix of
evergreen and deciduous trees, shrubs, and groundcover in which
evergreen plant materials comprise a minimum of sixty percent (60%) of
the total plant material used.
The required buffer area shall result in an effective barrier within three (3)
years and be maintained such that sixty percent (60%) or more of the
vertical surface is closed and prevents the passage of vision through it.
NOTE: The development agreement requires masonry walls (see below).
. Section 8-2A-7 (K)(4)(a)
Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any
parking lot with ten (10) spaces and above. The required amount of landscaping is
based on a sliding scale, as follows:
Total Number
Of Spaces
10-20
21-50
51 +
Percent Of Total Area Of
A Lot That Must Be An
Interior Landscaped Area
5 percent
8 percent
10 percent
. Section 8-2A-7 (K)(4)(b)(1)
No interior planter shall be less than five feet (5') in any dimension.
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.
Section 8-2A-7 (L)(l)(a)
Landscaped strips shall be provided between all building development and public
rights of way to lend continuity among different architectural styles, screen
unsightly views, establish a pleasing view for motorists, and create a safe and
pleasant corridor for pedestrians.
The landscaped strip shall be ten feet (10') wide minimum and planted
with one shade tree and ten (10) shrubs for every thirty five feet (35') of
street frontage. Two (2) ornamental or two (2) evergreen trees may be
substituted for one shade tree.
C.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL (see attached development agreement,
rezone Findings and Conclusions, and site and elevation plan submitted with
development agreement):
. Article III Conditions on Development 3.1
"Applicant will develop the Property as represented in the rezone application,
including the concept plan (see attached), subject to the conditions set forth in this
Development Agreement. Further, Applicants will submit such applications
regarding design review and any conditional use permits as required by the Eagle
City Code."
. Article III Conditions on Development 3.2.1
"Applicants will install berms, decorative masonry walls, and such other
landscaping so as to buffer neighboring properties from undue noise and visual
eyesore associated with commercial development. Landscaping will include
grass-covered berms between two feet (2') and four feet (4') in height along Eagle
and Chinden Roads, landscaped with 2" caliper or larger trees every twenty feet
(20')."
. Article III Conditions on Development 3.2.5 (a)
" . . . Such construction shall conform to a "county store" design as generally
depicted in the application" (attached is the elevation plan that was provided with
the development agreement).
. Article III Conditions on Development 3.2.5 (b)
"The height of any building being constructed on a separate pad fronting Eagle
and/or Chinden is further limited to a height not to exceed twenty feet (20'),
including rooftop mechanical fixtures and equipment and screening for same, but
excluding architectural treatments, which shall not exceed twenty-five feet (25')
in height."
.
Article III Conditions on Development 3.2.5 (c)
"All buildings shall be of the size and in the location generally depicted in the
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concept plan presented as part of the application, unless otherwise approved by
the Design Review Committee and City Council."
. Article III Conditions on Development 3.2.6
"All service facilities, including without limitation, trash and bottle storage areas,
shall be adequately screened from adjacent properties and roads with masonry
walls not less than six feet (6') in height. A masonry wall not less than eight feet
(8') in height shall be constructed behind the loading docks located to the rear
(north) of the in-line or primary building to screen the loading dock areas from
adjacent properties."
.
The meeting minutes for the rezone for this site state,
"He (Bill Hodges) will design a decorative masonry wall 6 ft. tall on top of a 4 ft.
berm at the back side of his project to protect the neighbor to the NE."
D.
DISCUSSION:
. Based upon the development agreement and what was presented in the public hearing
for the rezone for this site (see meeting minute comments above), staff recommends
that the applicant install a 4-foot high landscaped berm (3:1 maximum slope with 4-
foot wide flat area atop) between the east side of the multi-tenant building and the
eastern property line extending from the northeast comer of the site southward to the
east wall of "restaurant A" (see attached exhibit "A" for specific location). A 6-foot
high decorative masonry wall should be constructed on top of the berm.
At the point where the berm and wall meet the north property line a transition should
occur where the berm slopes down to finish grade (eliminating the berm) and the wall
increases in height to 8-feet. The 8-foot high wall (no berm at this point) should
extent westward along the entire northern property line (see attached exhibit "A" for
specific location).
At a point approximately 95-feet east of the northwest comer ofthe site the masonry
wall should jog southward approximately 10-feet to so as to preserve the existing
trees along the northern property line.
.
Because of the impact that commercial vehicle activity will have on the existing and
future residences on the residentially zoned properties to the north and east, staff
recommends that the northerly portion of the deliverylservice drive (approximately
230-feet) be separated from the drive serving the residences to the north and east as
shown on the attached Exhibit "A".
The applicant should be required to place two signs stating, "Private Drive-
Commercial Vehicles Prohibited" on both sides of the driveway approximately 230-
feet south of the north property line of this site (as shown on Exhibit "A").
. To facilitate the installation of the staff recommended berm and masonry wall along
the east side of the property, and to provide room so the deliverylservice drive can be
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separated from the drive that serves the residences to the north and east, staff
recommends that the applicant modify the northeast comer of the multi-tenant
building (see attached Exhibit "A").
.
The site plan submitted to the City for this commercial shopping center shows
approximately the same amount of total square footage of building pad space as was
approved with the rezone and development agreement for the site. The applicant,
however, has rearranged the location and sizes of individual pad sites on the new plan
from what was shown on the approved concept plan referred to in the development
agreement (see attached Exhibit "B" -City's copy and applicant's copy).
One of the conditions within the development agreement states that, "All buildings
shall be of the size and in the location generally depicted in the concept plan
presented as part of the application, unless otherwise approved by the Design Review
Committee and City Council."
Specifically, the building at the southwest comer of the site was 6,500-sq. ft. and was
close to Eagle Road and Chinden Boulevard. The new site plan shows the drugstore
at 14,000 sq. ft. with a drive thru between it and Eagle and Chinden. If the building
was constructed generally as was previously proposed the trees could be preserved
and the building would meet the City's goal of having buildings close to the road with
parking behind. Staff therefore believes that the site plan should be revised to be
more consistent with what was previously approved with the building close to the
street and the parking in the back. The trees should be preserved also.
Staff further believes that the drive-thru service proposed at the west end of the "L"
shaped building will create vehicle activity impacts to the existing (and future)
residences to the north, and is therefore a change from the concept plan that should
not be permitted.
.
If the City approves the drugstore pad with drive-thru staff recommends that the
applicant be permitted to remove all of the existing trees from the site (see arborist
report). In accordance with Eagle City Code, outlined herein, and that the applicant
should be required to provide an additional I 59-inches in replacement caliper over the
entire commercial shopping center development.
As previously noted, the trees proposed on the landscape plan is four trees short from
meeting minimum Eagle City Code and development agreement requirements. The
applicant is not proposing any trees bevond what would be required and there is no
room for additional trees.
A letter requesting approval to remove all existing trees from the site has been
received. An arborist report, addressing the current condition, size, value, and future
life expectancy of all the trees proposed for removal has been provided to the City
(attached).
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The applicant is proposing to install 157 deciduous trees throughout the entire
commercial development site. To provide the 159-inches of replacement caliper as
required with the removal of the existing trees within the site, staff recommends that
the 157 deciduous trees shown on the landscape plans (with 2 additional trees
included - totaling 159) be made 4-inch caliper. This will allow the applicant to
incorporate the replacement caliper into the site without overcrowding the site with
too many trees.
. The applicant is proposing 21, three inch caliper trees within the buffer area along the
southeast comer of the site along Eagle Road and Chinden Boulevard adjacent to the
proposed drug-store. The spacing of the tree varies from 40-feet on center to 20-feet
on center. The rest of the site has trees spaced 20-feet apart.
The development agreement for this site requires that this buffer area be landscaped
with a minimum of one 2" caliper tree (now 3" caliper per ECC) every 20-feet. A
minimum of 25, 4" caliper trees would be required within this area adjacent to the
drug store based upon the total length of the buffer (500-feet) divided by 20 (spacing)
equals 25 (total trees required).
The applicant should be required to install 4 additional 4" caliper trees within this
buffer area spaced approximately 20-feet on center. The revised landscape plan
should be reviewed and approved by staff prior to issuance of any building permits.
. The peak of the gable on the southeast comer of the drug store building is proposed to
be 29'5" high. The cupola and flagpole located on top of the gable end are proposed
to 39' high.
Eagle City Code restricts building heights and architectural features above the main
roof line of the building to a maximum height of 35'. Further, the development
agreement for the shopping center restricts "separate pad" commercial buildings
within the development to a maximum height of 20-feet with architectural treatments
not to exceed 25' high.
The applicant should provide revised elevation plans showing the drugstore building
being a maximum of 20' high (at the gable ends) and a maximum of 25-feet high at
the cupolaslflagpoles (architectural treatments). The revised plans should be
reviewed and approved by the Design Review Board prior to issuance of any building
permits for the site.
. The applicant is proposing approximately 8.6% (7,500 sq. ft.) landscaping within the
interior of the parking lot. ECC requires a minimum of 10% interior landscaping for
parking lots with 51 or more spaces. The applicant should provide a revised
landscape plan showing a minimum of 10% interior landscaping. The revised
landscape plan should be reviewed and approved by staff prior to issuance of any
building permits.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the
requested conditional use permit application with the site specific and standard conditions
of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 14, 1998, and September 28, 1998, at which time testimony was taken and the
public hearing was closed. The Commission made their recommendation on September 28,
1998.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by eight (8) individuals. Their concerns were generally as follows: Wanted 8'
tall decorative masonry wall as was required in the development agreement; Trash pickup is
early in the morning and is very noisy and the trash bins are along the north and east property
boundaries abutting residential areas; Irrigation water has been blocked by this property;
Irrigation water was to be provided in the terms of the sale of the of one the homes by Mr.
Hodges and it has not been provided; The Rite-Aid with the drive thru is inappropriate and
too intense of a use compared to what was previously agreed to by the City with the
development agreement; Wants this Commission and Council to be as directive to Mr.
Hodges as the previous Commission and Council was in 1995; Reading from copies of the
minutes from 1995 Planning and Zoning Commission and City Council Meetings,
specifically addresses the need to berm and fence the east side of the development and also
states the service drive should remain private; Says there is a boundary dispute; Safety for
children of the residences mixing with the commercial traffic on the shared service drive;
Possible cut through traffic going on the service drive to avoid the traffic signal; concerns
over the second driveway having been added onto Eagle Road at the north end of the site near
an existing residence, and no sidewalk for kids to walk on to get from Chinden Boulevard to
the residences to the north.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
D. The applicant, Bill Hodges, stated to the Commission that there will be no drive-through
services in the shopping center with the exception of the Rite-Aid store. and that Rite-Aid
will not be open 24 hours.
COMMISSION DECISION:
The Commission recommended approval (4 to 0 - Wilson abstained) for the conditional
use permit for Eagle Country Plaza Shopping Center with the following conditions (The
underlined text was added and strike-thru text was deleted from the staff recommended
conditions by the Commission):
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SITE SPECIFIC CONDITIONS OF APPROV AL:
1. City approval of a design review for this site is required.
2. IBstall a 4 foot Righ landseafled berm (3: 1 mædmmR slope v,',itk 4 feot '.viEle flat area atop)
bet'N@eR t+te east siEle ef tee malti teFlallt bMildiRg aB.d tke eastem property liRe eKcteRdiRg
from the Bortßeast eomer oft+te site so~Nard to the east ',vall of"res~ .^~" (see
attaehed exliibit ".\" for speeifie loeatioR). .^~ ø feot higk EleeomtÌYe masonry '.vall shall be
eoRstflleted OR top of tke berm.
.^A tke poim '.veere t+te berm anà '-,¡all meet tke Rorth property liRe a U'lHlsitioR shall oeear
'.vhere the berm. slofles ØO"Yfl to fiRish gFaEle (elimiBatiRg tke berm) aB.d the wall iRereases iR
heigat to g feet. The g f{? ot higk øeeØFative masonry "vall (Re Berm at this floim) shall e1åem
'.vest-ward alOBg the emire Rort+tem property liRe (see attaehed exhibit ".^~" for speeifie
loeatioR).
Provide a decorative masonry wall and landscaping along the north and east side of the
property as shown on Exhibit E. If an easement can not be procured from the property
owners to the east provide a decorative masonry wall and landscaping along the north and
east side of the property as shown on Exhibit D.
At a point approximately 95-feet east of the northwest comer ofthe site the masonry wall
shall jog southward approximately 10- feet to so as to preserve the existing trees along the
northern property line (see attaeheEl eJù1Ìbit ".^.." for eJ(aet leeatioR).
3. The northerly portion of the delivery/service drive (approximately 230-feet) shall be
separated from the drive serving the residences to the north and east as shown on tke attaehed
Exhibit "A-E".
4. The applicant shall be required to place two signs stating, "Private Drive- Commercial
Vehicles Prohibited" on both sides of the driveway approximately 230-feet south of the north
property line of this site (as shov.'fl OR see Exhibit "A E").
5. To faeilitate the iRstallation of the berm.lHlà masonry ',vall alORg the east siàe oftke property,
afld to proviàe room so the àeli','ery/serviee àri','e eaB. Be separateà from tke àrive tkat selTes
tke resideRees to tke BOrtH anà east, tke applieant shall moàify tae Rortheast somer of the
multi teFlaflt b1:lildiHg (see attaeheà En.œbit "N').
If an easement can not be procured from the property owners to the east. site specific
conditions #2. 3. and 4 above shall not applv and the service drive shall be constructed as
shown in Exhibit "D".
6. The site fllan sHall Be reviseà to be more eoBsistem w,itk '.,¡fiat '.vas previo1:lsly 8f)prø','ed ',vitk
the èrug store b1:liidiRg elose to tke street anà the parkiRg iR tee baek. The trees shall be
preserved also. Saèmit a reviseà plafl to City Col1neil fer revie',v anà apprø'lal.
QR...
159 of the trees '.',itkiR tke seoppiRg eeRter sHall be a miRiFl'HilR ef 4 iReh ealiper. .^~ reviseà
plafl sho'.viBg tkis eeange sHall be reviev.reà aaà approveà BY staff prier to the issaanee of ImY
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builàiRgs peræits fer tHe àe'¡elepmeRt.
(NOTE: P&Z said trees should be addressed by the Design Review Board)
Provide as' wide asphalt pathway along the east side of the service drive from Chinden
Blvd. to the location where the service drive and residential drive separate.
7. The drive-thru service shall not be permitted at the west end of the "L" shaped building.
8. The easterly driveway on Chinden Boulevard shall be a full access driveway (not limited to
right-in/right-out unless required by the highway district having jurisdiction).
9. Previàe a reyiseà hæàseape plan sHowiFlg a miHimmÐ ef 19% laadseapiFlg withiFl tHe iFlterier
of tHe parkiFlg let. THe laftàseaf}e plan sftall b@ fe':ieweà aaà appre'¡eà by staff prier te
issHaRee of any btIilàiFlg peræits. (NOTE: P&Z said this should be addressed by the Design
Review Board)
10. Th@ landseap@ strip aloRg tJie FlOrtR property liRe SHan be a miFlim1:HTl of l(} feet ',viàe.
(NOTE: P&Z said this should be addressed by the Design Review Board)
11. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and
approved by the Zoning Administrator prior to issuance of any building permits.
12. No signs are proposed with this application. A separate design review application is required
for the approval of any signs.
13. Comply with all the conditions of the development agreement.
14. Per the development agreement landscaping along Eagle Road and Chinden Boulevard shall
be installed prior to construction. No building permits shall be issued until such landscaping
has been inspected and approved by the Zoning Administrator.
15. All plan revisions as required by the above noted conditions shall be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits for the site.
16. Provide a r@yised laRdseape plan sHo',ViFlg tHe iaterior laRdseape plamer leeated Flear tke
soHt1:PNest eOrH8f of t1:l@ parkiFlg lot to B@ a minimmÐ 5 feet wid@ iFl all àim~msioFls. The
revis@à laRdseape plaR saall b@ r@'/Ì@wed and apf}rov@à BY staff prior to issHane@ of any
btIilàiFlg peræits. (NOTE: P&Z said this should be addressed by the Design Review Board)
17. Provide a revised laRdseape plan sHo',ViFlg a miHim1:lm of l(} slIrt:æs per 35 feet ef street
fromage (sf)eeifieally alOBg CæFldeFl BoHle'/arà '-'¡Here FlOFle is eWT@Rtly saovlfl). Tae revised
laRdseape plan shall B@ r@vieweà aRd a13pfo"l/@à BY staff prior to issHaRe@ ef aft)' ImilàiFlg
peræits. (NOTE: P&Z said this should be addressed by the Design Review Board)
18. Provide a revised landscape plan showing the installation of 4 additional deciduous trees (~
3" minimum caliper), spaced 20-feet on center near the southwest comer of the site within
the buffer area along Eagle Rd. and Chinden Blvd. The revised landscape plan shall be
reviewed and approved by staff prior to issuance of any building permits.
19. Provide revised elevation plans showing the Rite-Aid building being a maximum of20' high
(at the gable ends) and a maximum of 25-feet high at the cupolas/flagpoles (architectural
treatments). The revised plans shall be reviewed and approved by the Design Review Board
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and City Council prior to issuance of any building permits for the site.
20. The trash enclosure gates shall be metal-framed and covered with wood.
21. Close off the entry into the east end of the parking lot (located off the service drive
approximately 50-feet north of Chin den Boulevard) with landscaping or by the use ofbolards
if the fire department requires access at this location.
22. The easement for irrigation water is to remain on the property of the developer and the
developer shall provide engineering data to the Citv assuring that the water will be
transferred to the property owners to the north.
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 ofthe
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
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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.
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
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11.
12.
13.
14.
15.
accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect
the light away from the adjoining property.
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.
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. "
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..
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
(ie; 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.
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.
b.
c.
d.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City PathwaylGreenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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 ofthe 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.
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17.
18.
19.
20.
21.
22.
23.
24.
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.
Basements in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission and/or Council.
New plans which incorporate any required changes shall be submitted for staff approval.
Staff may elect to take those plans to the Design Review Board and/or the Planning and
Zoning Commission for review and approval.
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.
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 waiverlvariance of said requirements or other
legal relief is granted pursuant to the law in effect at the time the change in use is sought.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the City of Eagle. The burden shall be upon the applicant to
obtain written confirmation of any change from the City of Eagle.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review if construction has not started prior to that date, as
stipulated in Eagle City Code (one year from the Design Review Board approval date).
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 13, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on August 21, 1998. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance
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with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August
24, 1998, with the exception of property owner Gary J. Nasman, 3290 S. Eagle Road (Parcel
#S0521336052). That owner has provided the City with written acknowledgment of the
project and states that he has no objection to the Planning and Zoning Commission public
hearing being held on September 14, 1998 (see letter dated September 3, 1998). Requests
for agencies' reviews were transmitted on August 14, 1998 in accordance with the
requirements of the Eagle City Code.
3. The Planning and Zoning Commission has reviewed the particular facts and circumstances of
this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I"
(required findings for approval of a conditional use), and in accordence with the provisions of
the Development Agreement for this site has made the following conclusions:
F.
G.
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the C-l and C-2 zoning districts since a shopping center is
shown as needing approval of a conditional use permit in the C-l and C-2 zoning
districts on the "Official Schedule of District Regulations" chart of that section;
B.
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) and the Development Agreement since the conditions herein are to
assure that there will be no inconsistencies;
C.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
as long as the conditions herein are complied with;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses as
long as the conditions herein are complied with;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services as noted is
responses received by agencies providing the public services;
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
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welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors as long as the conditions herein are complied with;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as are to be
approved by the highway district having jurisdiction and as limited within the
conditions herein; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the only items that fit this category are the
exiting trees and they are to be preserved as may be required herein.
DATED this 5th day of October, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Page210f21
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