Findings - CC - 2003 - RZ-95 MOD 2 - Mod To Da/Eagle Market Place/Place A Direct/Sign
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ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
MODIFICATION TO THE REZONE DEVELOPMENT
AGREEMENT TO PERMIT A MONUMENT
SIGN AND TWO DIRECTIONAL SIGNS WITHIN
THE EAGLE COUNTRY PLAZA-EAGLE MARKET
PLACE FOR HAWKINS COMPANIES
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-95 MOD 2
The above-entitled rezone development agreement modification application came before the Eagle City
Council for their action on June 24, 2003. at which time public testimony was taken and the public hearing
continued to July 8, 2003. The Council closed the public hearing and made their decision at that time.
The 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:
Hawkins Companies, represented by Brian Huffaker, is requesting a modification to the
development agreement approved by the City in 1995 (developed as Eagle Country Plaza
Shopping Center - Eagle Market Place) to erect a monument sign to be shared with the
City of Eagle, and to allow the placement of one directional sign at each of the two
entrances into the shopping center. The 7.5-acre site is located on the northeast comer of
Chinden Boulevard and Eagle Road at 3210 East Chinden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 27, 2003.
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 April 8, 2003. 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 April 2, 2003. Requests for agencies' reviews were transmitted on February 28,
2003, 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 June 3, 2003. 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 May 28, 2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the Eagle City Council approved a rezone with a development
agreement for this site. The development agreement was signed on July 12, 1995.
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On December 8, 1998, the Eagle City Council approved a conditional use permit for Eagle
Country Plaza Shopping Center (CU-7-98).
On January 12, 1999, the Eagle City Council approved the design review application for
Eagle Country Plaza Shopping Center (DR-35-98).
On September 18, 2001, the Eagle City Council approved a modification to the rezone
with development agreement for this site, which decreased the number of monument signs
permitted from three (3) to two (2). In addition, the modification permitted the monument
sign height to be increased from eight-feet (8') to fifteen-feet (15').
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-I-DA (Neighborhood Eagle Country Plaza
Business District with Shopping Center & former
Development Agreement) & Sav-On Drugstore
C-2-DA (General Business
District with Development
Agreement)
Proposed No Change No Change Eagle Country Plaza
Shopping Center &
Walgreen's Drugstore
North of site Residential One (up to one R-l (Residential) Residences
dwelling unit per acre
max.)
South of site Not in Eagle Area of C-4D (City of Boise Target Department Store &
Impact designation) Convenience store with fuel
service and fast food drive-
thru
East of site Residential One (up to one R-l (Residential) Residences/Pasture
dwelling unit per acre
max.)
West of site Residential One (up to one R-l (Residential) Residences
dwelling unit per acre
max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
TOTAL ACREAGE OF SITE: 7.5-acres (approximate)
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I.
APPLICANT'S STATEMENT OF mSTIFICATION FOR A MODIFICATION TO THE
REZONE:
See applicant's justification letter date stamped by the City on February 27, 2003
(attached).
1.
APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letter date stamped by the City on February 27, 2003
(attached).
K.
A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Utilities and services have previously been installed at the site.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M.
NON-CONFORMING USES:
Based upon the information available, the proposed rezone will not create any
noncompliance issues with regard to provisions of the Eagle City Code.
N.
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
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
O.
LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Commercial".
Chapter 12 - Community Design
12.3 - Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include Stlte Highways 44 (Stlte Street and Alternate Route)
and 55 (Eagle Road). These entrances with their landscaping (or lack thereof),
commercial signage and building character provide the first, and oftentimes the most
lasting impressions of the entire community. The City of Eagle has the responsibility
to guide development and redevelopment that occurs along these entryway corridors.
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B.
c.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required. The design review process will
afford the opportunity to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle's
entryways.
12.4 - Implementation Strategies
p.
Protect and enhance the small town character of the City by requiring
signage which is creative and distinctive, compatible with its
surroundings, and an integral component of the style and character of the
building to which it relates.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2A-8 (B) MONUMENT SIGN:
A freestanding sign with a solid base, or with supports that are designed to be structurally
similar to the sign construction, and which incorporate architectural features which
complement the sign construction. Pole type supports are not permitted.
.
ECC Section 8-2A-8 (C) (3):
Monument signs, including the base of the sign, shall not exceed eight feet (8') in height
(or 15 feet depending upon the location as defined in this chapter) from the centerline of
the adjacent roadway or top of curb, if one exists.
.
ECC Section 8-2A-8 (D) (1) Monument And Detached Street Signs:
A "shopping center", as defined in Section 8-1-2 of this Title shall be allowed one
monument sign per street that it abuts, to identify the shopping center. If the shopping
center has a single address, the address shall be located on the monument sign and shall be
a size that is readable from the street. The height of any such sign, including the base to
which it is attached, shall not exceed fifteen feet (15'). The surface area of any such sign
shall not exceed one hundred (100) square feet per exposed surface, including any reader
board sign or surface.
A double-faced monument sign is permitted.
The minimum distance between any monument sign within a shopping center shall be one
hundred feet (100'). No monument sign shall be any closer than twenty feet (20') from a
monument or other freestanding sign on an adjacent property.
.
ECC Section 8-2A-8 (D) (3):
Directional signs within the boundaries of a shopping center are permitted only with the
approval of the design review board.
DISCUSSION:
.
The applicant has submitted a proposal to modify the existing development agreement to allow
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a monument sign (to be shared by the City of Eagle and a Walgreen's Drug store) at the Eagle
Country Plaza Shopping CenterÆagle Market Place. The applicant's justification letter, date
stamped by the City on February 27, 2003, states that more exposure is needed for the building
(formerly Sav-On Drug) located on the northeast comer of Eagle Road and Chinden
Boulevard, which has remained vacant since 2001. The applicant states that efforts to lease or
sell the space have been hampered due in part to a lack of visibility in relation to access to the
site. The applicant believes that modifying the development agreement to allow the addition
of two directional signs and a shared monument sign will provide more exposure to the
building as well as to the City. This shared sign may be considered an opportunity for the City
to gain an identification marker in addition to the six (6) entry statement points (as referenced
in Eagle City Code Section 8-2A-6 (D)(6)(a», already planned for by the City.
.
Conditions 3.2.1.1 and 3.2.3.1 shown below are the applicant's requested changes with
underlined text recommended to be added by staff and strike-through text recommended to be
deleted by staff. Additional staff comments are provided below the proposed condition in
italicized text.
3.2.1.1 The large ffee placed ift the lImdseape plaftter loeated at the Southwest earner of
the Baildiftg Oft the Soathwcst par€el shall be reloeated Oft the parcel, aBEt replaced
with aft e'lcrgreeft ffee ',vith a æarurc height ftot to exeecd six feet (6').
It is staff's opinion that this condition is best suited as an item to be heard before the Design
Review Board, although further discussion is warranted in this report. With the previous
tenant (Sav-On Drug) a wall sign was located on the south-facing wall within the western
quadrant of the building. Presumably, this is the same location that the applicant will
propose to install a new wall sign, since the applicant desires to relocate an existing
Hornbeam tree which may partially conceal the signage area at certain viewing angles. A
six-foot (6') tall evergreen tree (as proposed by the applicant) may not be the most
appropriate type of plant material to place in this area since the symmetry of the existing
landscaping (another Hornbeam tree is located on the eastern side of the south facing wall)
would be diminished. In addition, Eagle City Code Section 8-2A-7(E)(5) requires that all
evergreen trees be a minimum of six-feet (6') tall, and therefore, installing a tree that meets
both the minimum height requirement as well as the tree's maximum growing height
concurrently would be a difficult endeavor. Further, Eagle City Code Section 8-2A-7
(K)(4)(b)(4) recommends that deciduous shade trees and low shrubs be planted within
interior landscaped areas. The intent is to eliminate obstacles and maintain adequate viewing
distances for vehicles traveling throughout the parking area; the landscape island in question
is located at the end of a drive thru service lane entering a parking lot.
The site has been planted with numerous trees which may block sight of the building wall
signage, depending on the angle from which the site is being viewed. Rather than relocating
plant material to provide a view of the sign, one remedy to consider would be to locate the
sign on a different portion of the building wall face (various options would be available since
Eagle City Code Section 8-2A-8 (C)(8) allows the building to have up to two (2) wall signs).
Staff recommends that the existing landscaping on the site be maintained in its present
condition and location, and that should the applicant desire to locate a wall sign on the
building in a position other than that which currently exists, an application may be made for
the review and approval by the Design Review Boardfor the new sign location(s).
3.2.3.1 A third sign, to be a shared monument sign between the City of Eagle and the
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tenant on the Southwest comer parcel, shall be permitted on the Property as
identified on the Site Plan (Exhibit "A"). The purpose of the sign is to identify an
entrance into the City of Eagle as well as an identification sign for the tenant
building on the Southwest parcel. The sign shall not exceed six feet (6') in height
with no more than fifty (50) square-feet of signage space per side. The City of
Eagle and the Property Owner shall mutually approve the design of the sign
through the design review application process. The cost for the design review
application, fabrication~ ftftd installation. and maintenance of the sign shall be at
the expense of the Property Owner. The elimiBatioo of tvo'O (2) river Fock eohll88s
aBà tAree (3) reoee sootioos shall be reæo'o'eà f.:ør adeqHate plaeeæe8t of the
shared sigo. The occupant of the Southwest parcel shaH may be permitted two
directional signs, at the discretion and approval of the Design Review Board,
installed at the western entrance intersecting Chinden Boulevard and the southern
entrance intersecting Eagle Road.
The proposed elimination of two (2) river rock columns and three (3) fence sections for
adequate placement of the shared sign does not appear necessary with reference to the
proposed placement of the sign (as shown on the site plan submitted by the applicant and date
stamped by the City on February 27, 2003), and the physical elements (trees, berms, walls,
utility poles, etc.) present on the site. If it is the City's intent to collaborate with the applicant
regarding the location of the sign, it would seem that positioning the sign in the least
disruptive manner would be the most desirable. The main point to consider would again be
the symmetry of the existing landscaping having the potential to be diminished. Staff
recommends that the shared monument sign be located at a point which does not require the
removal of the two (2) river rock columns and three (3) fence sections and is the least
disruptive to the existing landscaping on the site. However, because the final sign design has
not been determined, on-site modifications to the landscaping may be necessary. Upon the
submittal of a design review application for the proposed sign, the applicant will be required
to submit plans showing all proposed changes resulting from the installation of the sign.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the requested
modification to the development agreement to include the conditions as outlined 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 April
28, 2003, at which time testimony was taken and the public hearing continued to May 5, 2003. The
Commission closed the public hearing and made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual with concerns regarding the "waste of time" created by the numerous public
hearings held regarding this site, the notion that another drug store would fail at this site and that he
(the individual) would not shop at the store, the current quantity of signs on the site is more than
enough, and the credibility of the original developer of the site is lacking.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual (other than the applicant/representative) who felt that a major tenant was needed in the
vacant retail space (formerly Sav-On Drug) to attract more customers to the shopping center and
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additional signage would contribute to this endeavor, and that the City should take advantage of an
additional City of Eagle identification marker (at no cost to the City) since the markers are expensive.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of RZ-95 MOD 2 for a modification to the
development agreement for Eagle Country PlazalEagle Market Place for Hawkins Companies with
conditions to be included within the modified development agreement for this site as shown within
their Findings of Fact and Conclusions of Law document dated May 19,2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 24, 2003, at which time
testimony was taken and the public hearing continued to July 8, 2003. The Council made their decision
at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not
including the applicant/representative) who felt that signage was necessary to attract customers to
businesses, and that considering the prominence of the subject building, an empty store front is
difficult on the other businesses in the shopping center.
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the City Council
by one (1) individual who felt that the site had been developed with the intention of being a
"destination spot".
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-95 MOD 2 for a modification to the development
agreement for Eagle Country PlazalEagle Market Place for Hawkins Companies with the
following strike through text to be deleted from the previously approved development agreement
and the underlined text to be added:
3.2.3
/\ maxÌHHlm of two (2) mOHtlRleHt sigHs,
each Hot to exceeà fifteeH feet (15') iH height with RO more thaH ORe huHdred
(100) square f-cet of sigHage spaee per side shall be permitted Oft the Property. I.ll
sigHage for the Property shall comply with iH all respects with Eagle City Code at
the time of issulmce of a sigfl permit. The phrase "City Market" is permittecl as
dir-cctioRal sigHage to Be iHstalled OH the stucco face of the rock ',valls loeated at
the eastern OOŒaHce iHtersectiHg with ChiHdeH Botlle';afå Imcl the Rorthern
ootrance iHterseetiHg Eagle Road. No sign shall be higher than the roofline of any
building or be animated, directly internally illuminated or audible.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on February 27, 2003.
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 April 8, 2003. 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,
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Chapter 65, Idaho Code and Eagle City Code on April 2, 2003. Requests for agencies' reviews were
transmitted on February 28, 2003, 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 June 3, 2003.
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 May 28, 2003.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-95 MOD 2)
with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based
upon the information provided concludes that the proposed modification to the development agreement
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The zoning designations of C-I-DA and C-2-DA are in accordance with the
Commercial classification shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that public facilities exist to serve any and all
uses allowed on this property under the zone.
c. The C-I-DA and C-2-DA zones have previously been determined to be compatible
with the zoning and land uses to the south, north, west and east;
d. The land is not located within a "Hazard Area" or "Special Area" as described within
the Comprehensive Plan; and
e. No non-conforming uses are expected to be created with this modification to the
development agreement.
DATED this 22nd day of July 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
ß~.+'. -L~(~
Sharon. Moore, Eagle City CI rk
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