Findings - DR - 2003 - DR-16-98 MOD - Modify The Existing Building Elevations @ Walgreens/3212 Chinden Blvd
BEFORE THE EAGLE DESIGN REVIEW BOARD
IN THE MATTER OF AN APPLICATION FOR
A DESIGN REVIEW TO MODIFY THE EXISTING
BUILDING ELEVATIONS WALGREEN'S DRUGSTORE
WITH DRIVE- THRU FOR HA WWKINS COMPANIES
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)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER DR-16-98 MOD
The above-entitled design review application came before the Eagle Design Review Board for their action
on August 14,2003. The Eagle Design Review Board having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Hawkins Company, represented by Brian Huffaker, is requesting design review approval on behalf
of Walgreen's to modify the existing building elevations of the drugstore with drive-thru service
(formerly Sav-On Drugs) located within the City Market Place. The site is located on the northeast
corner of East Chinden Boulevard and Eagle Road at 3212 East Chinden Boulevard.
B. APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 25, 2003.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1999, the Eagle City Council approved a design review application for the drug
store with pharmacy drive-thru (DR-16-98).
On July 22, 2003, the Eagle City Council approved a modification to the rezone with development
agreement for this site, to remove the restriction of allowing only two (2) monument signs at the
shopping center (RZ-95 MOD 2).
D. COMPANION APPLICATIONS: DR-38-03 (monument and building wall signage for Walgreens)
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E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-2-DA (General Business Drugstore with drive-thru
District with development service
agreement)
Proposed No Change No Change No Change
North of site Commercial C-2-DA (General Business City Marketplace Retail
District with development Building
agreement)
South of site Not in Eagle City's Area Boise Designation of L-OD Convenience store/fast
of Impact food restaurant
East of site Commercial C-I-DA (Neighborhood Keybank Facility
Business District with
development agreement)
West of site Residential One (I-unit R-I-P (Residential PUD) Eagle Road! Residences
per acre maximum)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. EXISTING SITE CHARACTERISTICS: There is an existing 13,673-square foot vacant drugstore
with drive-thru on this site. All parking and landscaping has been installed and is to be retained
with some minor modifications to the landscaping.
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I. SITE DESIGN INFORMA nON:
Site Data Proposed Required
Total Acreage of Site 1.5-acre (drug store site) O.03-acre/ 1,300 sq. ft.
(minimum)
Percentage of Site Devoted to 22.4% (Entire shopping center) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 14.5% (Entire shopping center) 10% (minimum)
Landscaping
Number of Parking Spaces 317 -spaces (Entire shopping 316-spaces (Entire shopping
center) center)
Front Setback 25-feet (approximately) O-feet (minimum)
Rear Setback 40-feet (approximately) O-feet (minimum)
Side Setback 57 -feet (approximately) O-feet (minimum)
Side Setback 58-feet (approximately) a-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: N/A
K. BUILDING DESIGN FEATURES:
The applicant will modify the north building elevation of the drugstore with drive-thru service.
The future tenant, Walgreen's, requires certain modifications to the north building elevation so the
operations of their business function more efficiently. The modifications to the building include
the following: relocating the overhead door and man door, removing one window, constructing a
compactor enclosure, and constructing a storage enclosure.
L. LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods: There are many existing trees on this site
that the applicant is to retain. The applicant may remove one tree located within the western side
of the parking lot of this site for better visibility of the proposed building wall sign on the south
elevation. The removal of this tree will be reviewed with the design review sign application for
the Walgreen's signage (DR-38-03).
Tree Replacement Calculations: N/A
Proposed Tree Mix (Species & Number): N/A
Street Trees: N/ A
Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation is existing.
Transition Zones: N/A
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Parking Lot Landscaping: Existing
M. TRASH COMPACTOR AND STORAGE ENCLOSURES:
The applicant will construct a 208-square foot trash compactor and a 135-square foot storage
enclosure on the north building elevation. The enclosures are to be constructed of cobblestone
walls with metal gates to match the existing materials used in the construction of the building.
N. MECHANICAL UNITS: No change
O. OUTDOOR LIGHTING: No change
P. SIGNAGE:
No signs are proposed with this application. A separate design review application has been
submitted to the City for review and approval of two (2) building wall signs, a monument sign,
and two (2) directional signs (DR-38-03).
Q. PUBLIC SERVICES A V AILABLE: N/A
R. PUBLIC USES PROPOSED: None
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
T. SPECIAL ON-SITE FEATURES: N/A
U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not
required
V. AGENCY RESPONSES: N/A
W. LETTERS FROM THE PUBLIC: None received to date.
ST AFF 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 8-3-2(D)
Enclosed Trash Areas: All trash and/or garbage collection areas for commercial, industrial and
multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or
fence of at least four feet (4') in height, and a solid wood gate on a metal frame shall enclose
the fourth side, or shall be within an enclosed building or structure. Adequate vehicular access
to and from such area or areas for collection of trash and/or garbage as determined by the
administrator shall be provided.
C. DISCUSSION:
.
The applicant is proposing to modify the north building elevation of the drugstore with drive-thru
service. The future tenant, Walgreen's, requires certain modifications to the north building
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elevation so the operations of their business function more efficiently. The modifications to the
building include the following: relocating the overhead door and man door, removing one
window, constructing a compactor enclosure, and constructing a storage enclosure. Currently the
overhead door and man door are located on the north building elevation near the northwest corner
of the building. The applicant is proposing to move the overhead door approximately sixty one
feet (61') east of the west building façade with the man door proposed to be located on the east
side of the overhead door. The existing window located thirty four feet (34') west of the east
building façade on the north building elevation is proposed to be removed for the construction of a
new tote storage enclosure. The tote storage enclosure is proposed to be constructed of
cobblestone, corrugated metal gates, and a metal roof all of which match the existing materials
used in the construction of the building. A new compactor enclosure is proposed to be located on
the north building elevation at the northwest comer of the building. The enclosure is proposed to
be constructed of cobblestone and corrugated metal gates to match the existing trash enclosure and
materials used in the construction of the building. The addition of these enclosures and relocation
of the overhead and man door do not prohibit vehicular access on the north side of the building.
Staff defers comment regarding building design and colors to the Design Review Board.
.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC MEETING OF THE BOARD:
A. A meeting was held on the application before the Design Review Board on August 14, 2003, at which
time the Board made their decision.
B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one.
C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not
including the applicant/representative).
BOARD DECISION:
The Board voted 5 to 0 (Christensen and Floegel absent) to approve DR-16-98 MOD for a design
review application to modify the existing building elevations for Hawkins Companies with the
following staff recommended site specific conditions of approval and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A building permit is required prior to constructing any improvements on this site.
2. No signs are approved with this application. A separate design review application (DR-38-03) is
required for the approval of any signs.
3. Comply with the site and landscape plans date stamped by the City on July 25,2003.
STANDARD CONDITIONS OF APPROV AL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of 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
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issuance of any building permits or Certificate of Occupancy, whichever occurs flfst.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. 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 flfst. 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.
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10. Parking 10t light pIan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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 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. II
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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) from 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) 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.
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.
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20. 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.
21. 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.
22. Any modification of the approved design review plans, including, but not limited to building design,
location and details, landscaping, parking, and circulation, must be approved prior to construction!
installation of such changes. Failure to do so may result in the requirement to modify the project to
comply with the approved design review and/or result in the inability to issue a final approval for
occupancy of this project.
23. 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.
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 from the Design Review Board approval date).
25. All ground-mounted accent lighting fixtures and monument sign lighting fixtures shall be screened
from view with the use of landscaping (top of the fixture shall be no higher than the surrounding
landscaping). The light source itself shall otherwise be screened as provided for within Eagle City
Code.
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on July 25, 2003.
2. The Board reviewed the particular facts and circumstances of this proposed design review application
(DR-16-98 MOD) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design
Review Overlay District, and based upon the information provided with the conditions required herein,
concludes that the proposed design review application is in accordance with the Eagle City Code and
the Eagle Comprehensive PIan.
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DATED this 28th day of August 2003.
DESIGN REVIEW BOARD
OF THE CITY OF EAGLE
A~
Eric R. McCullough, ChaIrman
ATTEST:
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Sharon K. Moore, Eagle City C erk
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