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Findings - PZ - 2003 - RZ-95 MOD 2 - Mod To Da/To Erect A Monument Sign/Shared W/City/2 Directional Signs @ Both Entrances ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A MODIFICA TION TO THE REZONE DEVELOPMENT AGREEMENT TO PERMIT A SHARED MONUMENT SIGN AND TWO DIRECTIONAL SIGNS WITHIN THE EAGLE COUNTRY PLAZA-EAGLE MARKET PLACE FOR HAWKINS COMPANIES ) ) ) ) ) ) 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 Planning and Zoning Commission for their recommendation on April 28, 2003, at which time public testimony was taken and the public hearing continued to May 5, 2003. The Commission closed the public hearing and made their decision at that time. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: 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 corner 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. 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. On December 8, 1998, the Eagle City Council approved a conditional use pemit 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). Page 1 of 8 K:\Planning DeptlEagle AppticatiollsIRZ&AI2003\RZ-95 MOD 2 pzfdoc 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 pennitted 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: CaMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION 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-I (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.S-acres (approximate) 1. APPLICANT'S STATEMENT OF JUSTIFICATION FOR A MODIFICATION TO THE REZONE: See applicant's justification letter date stamped by the City on February 27, 2003 (attached). Page 2 of 8 K:\P1anning DeptlEagle Applications\RZ&AI2003\RZ-95 MOD 2 pzLdoc 1. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICA TION 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 wi]] 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 State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial signage and building character provide the flfst, 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. 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 Page 3 of 8 K:\Planning DeptlEagle Applicatiolls\RZ&AI2003\RZ.95 MOD 2 pzfdoc B. c. 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. 12A - 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 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 (fonnerly Sav-On Drug) located on the northeast comer of Eagle Road and Chinden Page 4 of 8 K:\Planning Dep'lEagle Applicatious\RZ&A\2003\RZ-95 MOD 2 pzf.doc 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 tr-ee placeà in tae landscaf'e planter located at the Solita'Nest comer of tae blinding OR tae Soütlw:est parcel shall 1313 relocated OR tae parcel, and r~placed with aÐ. e\'ergr-eØÐ tree ',vith a m.aær~ heigkt not to exceed six feet (á' ). It is staffs 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 presenl 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 tenant on the Southwest corner parcel, shall be pennitted on the Property as identified on the Site Plan (Exhibit "An). 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 Page 5 of 8 K:\Plarullng DeptlEagle Applications\RZ&A\2003\RZ-95 MOD 2 pzf.doc with no more than fifty (50) square-feet of sign age 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~ aBà installation, and maintenance of the sign shall be at the expense of the Property Owner. THe elimiNatioN of two (2) river rode COh:lmRS aÐd tHFee (3) teRce sectioHs sHall be removed for adeqHate placemeRt of tHe shared sign. The occupant of the Southwest parcel 5InHl 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 infonnation 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 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. Page 6 of 8 K\Planning DeptlEagJe Applicutions\RZ&AI2003\RZ-95 MOD 2 pzf.doc 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 Plaza/Eagle Market Place for Hawkins Companies with the following staff recommended conditions with strikethrough text to be deleted by the Commission and underlined text to be added by the Commission to be included within the modified development agreement for this site: 3.2.3.1 A third sign, to be a sHared mOFlHmeRt sigR betweeH the City of Eagle aRd the tenaat OFl the SoHtHwest earner parcel, shall be pennitted on the Property as identified on the Site Plan (Exhibit "A"). The pHrpose of tHe sign is to ideatify an eHtraace iato the City of Eagle as well as an iàentificatioFl sign for the tenaRt buildiRg 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. Upon any change of the tenant occupying the building. the new tenant shall submit a design review application for review and approval by the Design Review Board prior to the installation and or modification of any sign. The City reserves the option to either permit or disallow the new tenant from using the sign face. The cost for the design review application. and the fabrication and installation of the sign shall be at the expense of the Property Owner. The size and content of the sign shall be as generally depicted in the rendering shown as Figure No.2 (Exhibit "B"). attached and incorporated herein by reference. 3.2.3.2 The occupant of the Southwest parcel 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 recommended size. design and location of the signs should be as generally depicted in the renderings shown as Figure Nos. 6, 7. 8 (Exhibits HC", "D", and "E"). attached and incorporated herein by reference. 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, 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. 3. The Commission 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 infonnation 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-l-DA and C-2-DA are in accordance with the Page 7 of 8 K:\PluI1ning DeptlEuglc AppliculÍons\RZ&AI2003\RZ-95 MOD 2 pzf.ùoc 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 detennined 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. 4. During the Commission's discussion, concern was emphasized regarding the idea that if the City were to share a monument sign with a commercial entity, it may be perceived that the City was sponsoring said retailer, or "co-branding". In addition, the Commission felt there is the possibility the sign could include a tenant whose reputation may not be commensurate with the City's image, and that the City should consider not sharing the monument sign. The Commission made the following recommendations pertaining to the design of the signs and related site improvements: . The sign depicted in Figure No.1 is not recommended due to its close resemblance to a billboard type design, and the archway portion too closely resembles the City's archway sign located near the intersection of Eagle Road and Plaza Drive. . The sign depicted in Figure No.2 (Exhibit "B") is appropriate since the rock facade resembles the existing stone faced walUfence on the site, and the sign is attracti ve in it's own regard should a tenant name not be located on the sign face. . The directional signs shown in Figures 6, 7, and 8 (Exhibits "C", "0". and "E") should be considered for approval. . Details regarding the removal of any plant material or fencing on the site should be at the discretion of the Design Review Board. DATED this 19th day of May 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~~:~:~ ATTEST: ~~~~ m~ Sharon K. Moore, Eagle City Cl k t"" "".r.r, ~...,~~ OF 8-1"'", ,. c;~...... O~ ~" ~ .."" ill! ~ o~POR...,.. ~ " : Cì ~\ \ :*. . : : : -.- : * : : .... S E .. . .'1.'AL ~..o : " .ft ..<" 0\" . V'~ .0" , ~ . .,.. .'TJ> ....,<:) 0 !Ii ~ .... .. 011:,', \ '" .<þ A.' !Ii "". 'J{:¡-' ....~....." ,.. ~. ""##"""" 1;; 0 F 'IS) ~ ......, """"""'"",,~... Page 8 of 8 K:\Planillng DeptlEag1e Applications\RZ&A\2003\RZ-95 MOD 2 pztdoc