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Findings - PZ - 2003 - CU-9-03 - 960 Sq Ft Addition To Smith's Eagle Chevron/1.5 Acre/503 Eagle Road ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR A 960 SQUARE FOOT ADDITION TO THE CHEVRON CONVENIENCE STORE WITH FUEL SERVICE FOR RICK AND SANDY SMITH ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-9-03 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on September 8, 2003. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Rick and Sandy Smith, represented by Rick Toews with BRS Architects, are requesting conditional use approval to allow a 960-square foot addition to the existing Smith's Eagle Chevron convenience store with fuel service. The 1.5-acre site is located on the west side of Eagle Road at 503 Eagle Road within the North Channel Center Subdivision. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on August 7, 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 August 12, 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 August 8, 2003. Requests for agencies' reviews were transmitted on August 8, 2003, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 14, 1997, the Eagle Planning and Zoning Commission approved a design review application (DR-3-97) to construct a Chevron convenience store with fuel service within the North Channel Center commercial center. At the time of the aforementioned approval, Eagle City Code did not require the approval of a conditional use permit for a convenience store with fuel sales to be located within a C-1 zoning district. E. COMPANION APPLICATIONS: None Page 1 of 11 K:\Planning DeptlEagle App1icationsICU\2003ICU-09-03 pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGN A nON DESIGNATION Existing Commercial C-l (Neighborhood Business Chevron convenience store District) with fuel service, car wash and emissions testing Proposed No Change No Change No Change North of site Commercial C-l (Neighborhood Business Washington Mutual bank District) South of site Commercial C-l (Neighborhood Business Retail building District) East of site Commercial C-3 (Highway Business Eagle Road and proposed District with Development Westmark Credit Union Agreement) West of site Commercial C-l (Neighborhood Business Office building District) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the CEDA, DDA or TDA. H. EXISTING SITE CHARACTERISTICS: This site is improved with a convenience store with fuel service and car wash, with associated landscaping and parking/drive aisles. The site is located within the North Channel Center commercial development. I. SITE DESIGN INFORMATION: Site Data Proposed Required Total Acreage of Site 1.5-acres (65,035-square feet) 0.05-acres (2,000-square feet) minimum Percentage of Site Devoted to 7.3% (4,718 SF) 50% maximum Building Coverage (5.8% - 3,758 SF existing) Percentage of Site Devoted to 32% (20,976 SF) 10% (minimum) Landscaping Number of Parking Spaces 24-parking spaces 22-parking spaces (minimum) Front Setback (east) 100-feet to car wash 15-feet (minimum) 180-feet to store Rear Setback (west) l5-feet O-feet Side Setback (north) 38-feet to car wash O-feet (minimum) 1 52-feet to store Street Side Setback (south) 30-feet lO-feet (minimum) Page 2 of 11 K:\Plaonillg DeptlEagle Applications\CU\2003\CU-09-03 pzf.doc J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: A 960-square foot building addition is to be constructed on the southern portion of the existing store to provide an area for food preparation, such as a bakery or sandwich shop. General aesthetic modifications to the site, as well as a sheltered patio on the northern side of the building are to be constructed. Height and Number of Stories of Proposed Buildings: The existing building is one-story tall with a current height of seventeen-feet, eight-inches (11' - 8"), with the building addition to match the same height. Gross Floor Area of Proposed Buildings: The existing convenience store consists of 2,904 square- feet with 960 square-feet to be constructed for the addition. On and Off-Site Circulation: A 36,675-square foot (approximately) paved area provides access and parking for vehicles using this site, accessed by two driveways. One 36-foot wide driveway is located on the south side of this site on West Inlet Bay Lane, approximately 155-feet west of Eagle Road. A 30-foot wide driveway is located on the west side of this site on River Shore Lane, approximately 200-feet north of West Inlet Bay Lane. K. PUBLIC SERVICES AVAILABLE: The convenience store with fuel service has been in continuous operation since 1998, and has been provided with sewer, water and fIfe protection. No additional conditions of the site have been required, as noted within the letter received by the City from the Eagle Fire District. The Eagle Sewer District is currently providing central sewer service to the site, and requires the submittal of construction plans for review and approval prior to any additional connection to the service. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - yes - located within the Boise River Floodplain Evidence of Erosion - no Fish Habitat - no Floodplain - 500 year - Boise River Floodplain Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Page 3 of 11 K:\Planning DeptlEagle ApplicationslCU\2003ICU-09-03 pzf.doc SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An Environmental Assessment Plan was completed as a part of the Channel Center Subdivision, in 1995. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. P. Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Q. LETTERS FROM THE PUBLIC: None received to date. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: R. 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. B. 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; Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fife 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 Page 4 of 11 K:\P1anning DeptlEag1e ApplicationslCU\2003\CU-09-03 pzf.doc I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. B. c. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within the Central Business District (CBD). ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-2-3 states that a Convenience store with fuel service requires a conditional use permit within the C-1 zoning district. . ECC Section 8-5-2 A: Additions Or Alterations: No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. . ECC Section 8-7-3-5 (F) Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DISCUSSION: . While the convenience store with fuel service has been in operation at this location since 1998, at the time of the approval for the store (DR-3-97), Eagle City Code did not require the approval of a conditional use permit for a convenience store with fuel sales to be located within a C-l zoning district. The applicant desires to construct an addition to the building, and a patio area, which constitutes an expansion to the non-conforming use. However, with an approval of a conditional use permit, the non-conforming status of the site would be remedied. . Numerous uses are currently located within the site, which include a car wash, emissions testing (located within the car wash structure), and a propane tank-filling facility. While the majority of these uses may be able to conduct business on a parcel as "stand alone" or single- use operations, they may be considered ancillary to the convenience store, since the store and fuel service appear to generate the greatest number of trips to the site. While a car wash, emissions testing, and a propane tank filling facility may produce more destination trips, staff believes that the number generated is far exceeded by the number of pass-by trips created by the convenience store and the fuel service. With this in mind, whether the proposed addition to the store is for the expansion of self-serve items, or to accommodate a small bakery/sandwich shop operation, staff believes the site is not being intensified to the degree that the overall character of the site would change dramatically. In addition, all major Page 5 of 11 K:\Planning DeptlEagle App1icationsICU\2003ICU-09-03 pzf.doc improvements to the site (sidewalks, roadways, landscaping, parking) have previously been completed; small-scale aesthetic features may appear to be the only items subject to enhancement. One deficiency is the lack of adequate screening of the northern side of the propane facility, shielding the view from vehicles and pedestrians traveling south on Rivershore Lane. The applicant should include plans with the design review application for the building addition, detailing the screening of the propane facility. The materials used to screen the propane facility should be reviewed and approved by the Design Review Board prior to the City accepting a building permit for this site. . A red van is parked daily adjacent to the car wash building, in which an emissions testing facility is located. Presumably, the van is displayed as an indicator, or sign, (an "Open" sign is displayed in the windshield of the van) that an emissions testing station is located on the site, since the majority of emission testing stations in the area are located within red vans. Since the van is not parked in an approved parking space, and because the presence of the van conveys a message in a similar capacity to a sign (which was not approved with the design review sign application (DR-56-01) for the emission testing station), the van should be located in an approved parking space and remain free of any lettering or markings which would constitute a sign, as defined in Eagle City Code. ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF 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 HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 8, 2003, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DECISION: The Commission voted 4 to 0 (Glavach absent) to recommend approval of CU-9-03 for the conditional use permit to allow a 960-square foot addition to the existing Smith's Eagle Chevron convenience store with fuel service with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROV AL: 1. Only the use (Convenience store with fuel service) is approved with the conditions noted herein. The property is subject to the conditions of design review. 2. Comply with all conditions of DR-3-97 and DR-2-98 MOD, including (but not limited to) the Page 6 of 11 K:\P1anning DeptlEag1e App1icationsICU\2003ICU-09-O3 pzf.doc screening of the lights illuminating the monument sign on Eagle Road with landscaping providing a twelve-month screen of sufficient height and density to conceal the fixtures. This item shall be addressed in the design review application to be submitted for the proposed addition to the convenience store and associated site improvements. 3. The applicant shall screen the propane tank filling facility to shield the equipment from the view of vehicles and pedestrians on the north side of the facility. Plans showing details and materials used to screen the propane facility shall be submitted to the City prior to this application being heard by the City Council. 4. The red van parked adjacent to the car wash/emission testing station shall be parked in an approved parking space when on site and will remain free of any lettering or markings, wlliell wøulà be coosidercd a sign except that an "Open" sign may be placed in the windshield of the van. 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 from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit. 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. 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. 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. 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. 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 Page 7 of 11 K;\Planning DeptlEagle ApplicationsICU\2003\CU-09-O3 pzf.doc 8. 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. 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 fmt 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 (I) 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. 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. 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 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 fust. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department. " The fIfe 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 (i.e.; Commercial, b. c. Page 8 of 11 K:\P1anning DepllEagle Applicatioos\CU\2003\CU-09-03 pzf.doc 20. 21. 22. 23. 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. 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. 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. 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. 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. 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. 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 submits application to the City of Eagle for a change to the planned use of the subject property. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council approval date). The City's actions on the application does not grant the applicant any appropriation of water or Page 9 of 11 K:\Planning DeptlEagle ApplicationsICU\2003ICU-09-03 pzf.doc 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 August 7,2003. 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 August 12, 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 August 8,2003. Requests for agencies' reviews were transmitted on August 8, 2003, in accordance with the requirements of the Eagle City Code. 3. The Planning and Zoning Commission has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), 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-1 zoning district since a convenience store with fuel service requires the approval of a conditional use permit; 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) since there are no inconsistencies with the Comprehensive Plan and since a convenience store with fuel service requires the approval of a conditional use within the C-1 zoning district and the Comprehensive Plan designates this site as Commercial; 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 since the convenience store with fuel service has existed at the site for five-years and, will be required to meet conditions of a design review application for the proposed addition and other changes proposed for the site; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the majority of the area surrounding the convenience store with fuel service currently has, or is planned for, commercial uses and, since the site is subject to the conditions of a design review; 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 in responses received by agencies providing the public services or as represented by the applicant; 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 since the Page 10 of 11 K:\Planoing DeptlEagle ApplicationslCU\2003ICU-09-03 pzf.doc convemence store with fuel service site has previously been improved with public facilities; 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 on surrounding public thoroughfares since the site is utilizing existing driveway accesses and no additional driveways are proposed or approved with this application; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. 4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. 5. The Commission recommended that the applicant be afforded the opportunity to use the red van (as noted under Section C "Discussion" above) during business hours, as an indicator that the emissions testing station is open for business. DATED this 29th day of September 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ., """"'" ,-' " !f>'~ .LI OF B-1 ", !f>"~ .ç,. ~......... Oz "" l" ú' .. .~, ~ ~ l" .. ~J)o",.,,- ~ : : I) \'. ~ : ;.~ ...: : * : .~.- : * : ~ ~ 'l AL;:::. : - . ,. l.'. .:;:.: . ~ .t\ <0 ) ^ . 0 ~ ~ V'~ . kp ~~V.'.'\o:" #,. '. OR~'~ ~. #, .<J - ....... ?>-!i,' "',,/"/] OF \\)",...." """""",' ATTEST: JR,~. -IZ ~ Sharon K. Moore, Eagle City Cler Page 11 of 11 K:\Planning DeptlEagle ApplicationslCU\2003ICU-09-03 pzf.doc