Findings - CC - 1998 - CU-7-98 - Cup For Eagle Country Plaza Shopping Center
c.
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOREAGLE
COUNTRY PLAZA SHOpnNG 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 City Council for their action on
November 10, 1998 and November 24, 1998. The Eagle 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:
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 SUBMIIT AL:
The application for this item was received by the City of Eagle on August 13, 1998.
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 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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 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 October
26, 1998.
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E.
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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
desi review and an conditional use ermits as re uired b the Ea Ie Ci Code."
COMPANION APPLICATIONS:
Design Review application 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. Design Review application 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
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-2 (General Business Commercial (Gloria's
District) & C-l 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-OD Vacant
of Impact
East of site Low Density Residential R-2 (Residential) Pasture for residence
(2-units per acre
maximum)
West ofsite Low Density Residential R-I-P (Residential PUD) Eagle RoadlResidences
(2-units per acre
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The existing buildings are proposed to be removed ITom the site. There are several
existing trees, located along the western portion of this site, that are proposed to be
removed.
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1.
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 ITom the perimeter property line
boundary of the entire shopping center (ITom 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:
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
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architectural treatments not to exceed 25' 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:
MULTI 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. (IvorylTan)
Windows/Doors: Aluminum StoreITont (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 ITom the site.
Tree Replacement Calculations:
If the City permits the removal of all the existing trees currently located on the site, then
a total replacement caliper of 159-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 ITont of the drugstore site where some trees are approximately 40-
feet apart.
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required.
Transition Zones: N/a
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P.
Q.
R.
S.
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.
PUBLIC SERVICES A V AlLABLE:
Preliminary approval letters ITom 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.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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
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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
v.
LETTERS FROM THE PUBLIC:
The following citizens have responded and their correspondence is attached.
Duayne Didericksen to COE
James M. Liley to COE
Denice Goodrich Liley to COE
Gary Nesman to COE
William Hodges to Denise Liley
W.
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
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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.
STAFF ANALYSIS PROVIDED WITIDN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
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 of thirty 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 oflandscaping is based on a
sliding scale, as follows:
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c.
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)(I)
No interior planter shall be less than five feet (5') in any dimension.
.
Section 8-2A- 7 (L)(1 )(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 ITontage.
Two (2) ornamental or two (2) evergreen trees may be substituted for one shade
tree.
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 ITom 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 ITonting 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."
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D.
.
Article III Conditions on Development 3.2.5 (c)
"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."
.
Article III Conditions on Development 3.2.6
"All service facilities, including without limitation, trash and bottle storage areas, shall
be adequately screened ITom 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 ITom 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."
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 ITom 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 ofthe northwest comer of the site the masonry wall
should jog southward approximately lO-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 delivery/service drive (approximately 230-feet) be separated
ITom 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 delivery/service drive can be 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
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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 ITom 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 ITom 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 ITom the site (see arborist report). In accordance
with Eagle City Code, outlined herein, and that the applicant should be required to provide
an additional 1 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 ITom
meeting minimum Eagle City Code and development agreement requirements. The
applicant is not proposing any trees beyond what would be required and there is no room for
additional trees.
A letter requesting approval to remove all existing trees ITom 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).
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 ITom 40-feet on center to 20-feet on
center. The rest of the site has trees spaced 20- feet apart.
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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 ofthe 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
cupolas/flagpoles (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.
STAFF RECOMMENDATION PROVIDED WITmN 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 ITom copies of the minutes ITom 1995 Planning and Zoning Commission and City Council
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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 ITom 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 site specific and standard conditions of
approval shown within the Commission Findings and Conclusions document dated October 5,
1998.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 10, 1998, and
November 24, 1998, at which time testimony was taken and the public hearing was closed. The
Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by three (3)
individuals. Their concerns were generally as follows: Wanted the driveway to the residences
separated ITom the commercial service drive; 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; 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.
C. Oral testimony in favor of this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council approved the conditional use permit for Eagle Country Plaza Shopping Center with
the following conditions:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. City approval of a design review for this site is required.
2. 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 ITom 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. .
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At a point approximately 95-feet east ofthe northwest comer of the site the masonry wall shall jog
southward approximately 10- feet to so as to preserve the existing trees along the northern property
line.
3. The northerly portion of the delivery/service drive (approximately 230-feet) shall be separated ITom
the drive serving the residences to the north and east as shown on Exhibit "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 (see Exhibit "E").
5. If an easement can not be procured ITom the property owners to the east, site specific conditions #2,
3, and 4 above shall not apply and the service drive shall be constructed as shown in Exhibit "D".
NOTE The Council recognized that there is a verbal agreement between the developer and the two
residential property owners to address the private drive way issue.
6. (NOTE: P&Z said trees should be addressed by the Design Review Board)
Provide a 5' 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. Provide a revised landscape plan showing a minimum of 10% landscaping within the interior of the
parking lot. The landscape plan shall be reviewed and approved by staff prior to issuance of any
building permits. (NOTE: P&Z said this should be addressed by the Design Review Board)
10. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits.
11. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
12. Comply with all the conditions of the development agreement.
13. 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.
14. 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.
15. 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.
16. 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 and City Council prior to
issuance of any building permits for the site.
17. The trash enclosure gates shall be metal-ITamed and covered with wood.
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18. 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.
19. The easement for irrigation water is to remain on the property of the developer and the developer
shall provide engineering data to the City 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 of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval ITom 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 ITom 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 ITom 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 ITom 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 ITom the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter ITom 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.
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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 accidents.
Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away ITom
the adjoining property.
11.
The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12.
One set of building plans, for any non single-family residential use, shall be submitted to the
Eagle Fire Department for approval. An approval letter ITom 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. 11
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,
b.
c.
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20.
21.
22.
d.
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.
13.
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 Pathway/Greenbelt 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.
14.
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.
15.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
16.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) ITom the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
17.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) ITom the Corps. of Engineers and the Idaho Department of
Water Resources and/or any other agency having jurisdiction prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
18.
Basements in the flood plain are prohibited.
19.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All design
and construction shall be in accordance with all applicable City of Eagle Codes unless
specifically approved by the 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 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.
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23.
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.
24.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review if construction has not started prior to that date, as stipulated in
Eagle City Code (one year ITom 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 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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on October 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 October 26, 1998.
1. The City Council 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 accordance with the provisions of the Development Agreement for this site
has made the following conclusions:
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-1 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;
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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;
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 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 8th day of December, 1998.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
AITEST: