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Findings - DR - 1993 - Roberts Square CUP - Establish Office Retatil On Sw Corner Of State/2Nd CITY OP EAGLE IN THE MATTER OF ROBBRTS SQUARE All APPLICATION POR A CORDITIORAL USE PBRMIT ) ) ) ) FIRDIRGS OF FACT AIm CONCLUSIONS OP LAW On May 3, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8-7-3- 5, Eagle City Code, Duane Johns, representative for the applicant and Cathy Roberts, the applicant, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a conditional use permit to establish an office/retail complex within the City at the SW corner of State St. and Second St. This complex is in the CBD (Central Business District) Duane Johns, representative for the project outlined it for the Commission. The complex is a 2 story building. The plan calls for the retail portion to be located on the bottom floor and office space on the second floor. The parking lot will be paved and equipped with a fire hydrant and street lights. There is an agreement with the Eagle Foodtown on additional parking spaces in the store lot. Mr. Johns will submit that agreement to the City as part of the record. The design review portion has been approved by Council, along with the recommendations of the Park/Tree Committee with the exception of the sign, which will need to be submitted for design review. Based on the application, testimony from the applicants and all interested parties and, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW 1. The records in this matter indicate all notices, and publications have occurred as required by law. The records further reflect notice of the public hearing was sent to relevant public entities, including Central District Health, Eagle Sewer District, Eagle Water Co., Eagle Fire Dept., Idaho Power, and Ada Highway District. The City was advised by said entities that there was no objection to the applicant's request for a special use permit. 2. On May 3, 1993, a public hearing was conducted by the Eagle Planning and Zoning Commission. There was no public testimony in opposition. 3. On March 5, 1993, the City received a legal opinion on the need of an elevator in this complex in order to comply with 504-ADA Standards. As currently proposed, this complex would come under an exception which exempts buildings that are less than 3 stories so long as the professional office group on the second floor is not a health care provider. 4. The standards used in evaluating the application are in the following sections of the Eagle City Code: 8-2-3 Official Schedule of District Regulations CBD District: To accommodate and encourage further expansion and renewal in the historical core business area of the community. A variety of business, public, quasi-pubic cultural, residential and other related uses are encouraged. The greatest possible concentration of retail sales and business will occur in this district. note:***The principle use appears to be a shopping mall by the City definition. A shopping mall requires a conditional use permit The definition of shopping center, Eagle City Code 8-1-2, is as follows: A group of commercial establishments, planned, developed, owned and/or managed as a unit related in location, size and type of shops to the trade area the unit serves. One (1) parking space for each 250 sq. ft. of floor area is required for the retail portion of the building. Office space requirements are one (1) parking space for each 400 sq. ft. of floor area. This building is 8000 sq. ft. of floor area, the use of the building will determine the required number of parking spaces. There are 26 parking spaces planned for this development. Six of the parking spaces are on the Eagle Foodtown property, and 20 are on the Roberts property. I have not received written confirmation from Eagle Foodtown on an agreement. There is only one handicapped space indicated on this plat, 2 are required. A buffer or fence is needed between the development and the alley where there is conflicting land use. Residential begins just S of the alley. The sewer service line comes off the main line in the alley. The line is a 4 inch line at this time, but will have to be a minimum of 6 inches to meet Eagle Sewer District and State Plumbing Codes. There are some American Disabilities Act (ADA) requirements in this project. I had some concern about a 2nd story development without an elevator. I requested a legal opinion and have enclosed the opinion for your review. This property appears to be in Eagle Water Company's planning area, but may also have a well. This property is in the Eagle Sewer District's area. EAGLE CITY CODE: 8- 7 -3-2: GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this Title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this Title; 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 existent or future neighboring uses; E. Will be served adequately by essential public facilities and services 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; 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 shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and J. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8-7-3-3 following: Public Sites and open spaces: shall conform to the A. Public Uses B. Natural Features c. Special Developments 8-7-3-4: Supplementary conditions and safeguards: In granting a CUP the Council may prescribe appropriate condi tions, bonds and safeguards in conformity with this Title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the CUP is granted, shall be deemed a violation of this Title. 8-7-3-5: CONDITIONAL USE PERMITS 8-7-3-5-C-2: Upon granting or denying a CUP specify: a. the ordinance and standards used in evaluating the application; b. the reasons for approval or denial; and c. the actions, if any, that the applicant could take to obtain a permit. 8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or service; and 7. Requiring more restrictive standards than those generally required in this Title 8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one parcel to another. (D) A CUP shall not be considered as establishing a binding precedent to grant other CUP. PERFORMANCE STANDARDS: Eagle City Code 8-3-1 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 or 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. 8-3-3(A): Visibility at intersections: On a corner lot in any district, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one half and ten ft. (2 1/2 and 10 ft.) above the center line grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said street right-of-way lines twenty five feet (25ft) from the point of intersection. 8-3-3-(D): Side and Rear Yards for Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40ft) to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty p~rcent (50%) of the requirement if acceptable landscaping or screening approved by the Council is provided. Such screening shall be a masonry or solid fence between four and eight ft. (4ft to 8ft) in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20ft) in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4ft) in height at the time of planting. 8-3-4 (A): Performance Requirements: No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except, that any case permitted by this Title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: 1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the UFC and the National Safety Foundation publications. 2. Radioactivity or Electrical Disturbance 3. Noise: Objectionable noise, as determined by the administrator, which is due to volume, frequency or beat shall be muffled or otherwise controlled. 4. Vibration: no vibration shall be permitted which is discernible without instruments on any adjoining lot or property. 5. Air Pollution 6. Glare 7. Erosion 8. Water pollution 8-3-5 (F): Bulk Storage of Flammable Liquids and Gasses Above Ground and for Resale: 1. Will be located at least 500 Ft from a residential zone 2. Subject to the approval of the appropriate fire district 3. Will have suitable loading and unloading spaces and off street parking facilities subject to the approval of the appropriate fire dist. 8-4-3 (A): Paving: The required number of parking and loading spaces as set forth in Section 8-4-5 of this Chapter, together with driveways, aisles and other circulation areas, shall be improved with such material to provide a durable and dust-free surface. 8-4-3(B): Drainage: All parking and loading areas shall provide for proper drainage of surface water to prevent the drainage of such water onto adjacent properties or walkways. 8-4-3(C): Access: Access driveways for parking areas or loading spaces shall be located in such a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian or motorist approaching the access or driveway from a public or private street. 8-4-3 (D): Maintenance: The owner of property used for parking and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris. 8-4-4-2 DESIGN AND MAINTENANCE A. Lighting: Any parking area which is intended to be used during nondaylight hours shall be properly illuminated to avoid accidents. Any lights used to illuminate a parking lot shall be so arranged as to reflect the light away from the adjoining property. B. Access: Any parking area shall be designed in such a manner that any vehicle entering the parking area from or onto a public or private street shall be traveling in a forward motion. C. Stripping: All parking areas with a capacity over twelve (12) vehicles shall be stripped with double lines (six inches both sides of center) between stalls to facilitate the movement into and out of the parking stalls F. Off Street Parking Design and Dimension Tables (see attached) 8-4-5: SCHEDULE OF PARKING REQUIREMENTS: Retail: 1 parking space for each 250 sq. ft. floor area Eagle Comprehensive Plan Page 1: Purpose and Scope ( f ) To encourage urban and urban-type incorporated City limits of Eagle. (h) To ensure that the development of land physical characteristics of the land. development wi thin the is commensurate with the Page 8-9:Transportation (8) Require new development to provide areas for pedestrian and bicycle circulation where possible. (12) Developers of property located adjacent and State St., should be responsible for internal traffic circulation and assuring to arterial highways providing means for access to adjacent properties through the use of such devices as ,frontage or collector roads, clustering of development activities, shared access, setbacks for future rights-of-way, and provisions for turn bays, turn lanes and curb cuts. Page 11: Community Design (3) The design of the Commercial zones shall conform to the design review ordinance consisting largely of government commercial, and community buildings. (4) new.. . commercial shall meet minimum design standards as specified by ordinance. (10) Buffers shall be developed between conflicting types of land use. Page 14 (3): The development of businesses and professional services within the City limits of Eagle shall be encouraged commensurate with the needs of the community residents. 1. 2. 3. CONCLUSIONS OF LAW granting of a Conditional Use Permit for the purpose of establishing the Roberts Square complex is for the betterment of the community and will not violate the Idaho State Codes, Eagle City Codes or Eagle Comprehensive Plan. the approval of the application will have no adverse impact on those property owners in the area; the application submitted by Cathy Roberts for a Conditional Use Permit serves the welfare of the general public and is in the best interest of the public. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application be approved with the following conditions: 1. 2. 3. verification of proper parking arrangements and spaces; Sewer District approval conditioned on all city codes and conditions of approval CORDITIONS O!' APPROVAL 1. All permits from Central District Health, Division of BnvirolUDØntal Quality, Eagle Sewer District &I Bagle !'ire District, and Ada County Highway District regarding curb, gutter and sidewalk, shall be secured prior to issuance of permits. Bagle !'ire Dist. is required to approve building plans on cOlllDØrcial buildings. 2. All trash areas are to be enclosed. 3. Shall _et all Design Review provisions regarding signs, landscaping and exterior design. A detailed landscaping plan, indicating the names of all planting material plus their size at the time of planting, must be submi tted for review prior to issuance of a building permit. (8-2A-7.F) All landscaped areas shall include plans for the sprinkler system. 4. The landscaping plan shall be approved by the Tree/Park Committee prior to construction. (COMPLETED) 5 . parking area I shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. (8-4-3) 6. Lighting plan is required prior to issuance of any permit. A lighting plan shall include the location, voltage and illumination. 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. 7 . Access I Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. 8. Stripping I All parking areas with a capacity over twelve (12) vehicles shall be stripped with double lines (six inches both sides of center) between 8talls to facilitate the JDOVement into and out of the parking stal18 9. Off Street parking De8ign and Dimen8ion Table8 (8ee attached) 10. Handicapped parking 8hall be clearly marked by a 8ign, centered between 3 ft and 5 ft above the parking 8urface, at the head of the parking space. The 8ign 8hall include the international 8ymbol accessibility and state RESBRVED, or equivalent language. (UBe 1991 Appendix) 11. There 8hall be ~ handicapped parking 8pace8 required for 26 parking stalls.(UBe 1991-Appendix) 12. Compliance with parking space requirements of the City of Bagle. 13. All entrance8, exits and re8troomø shall be meet handicap code requir8lD8nts (UBe) 14. Will have at least a six foot high sight obscuring fence along the property line8 that adjoin a residence (8-3-5.1-2), or a strip of land not less than 20 ft. in width planted with dense planting acceptable by the Tree/Park8 Committee. 15. All landscaped areas abutting residential districts shall remain free of all advertising or other signs. 16 . All building plans BlUst be approved. by the Bagle Building Inspector, Fire Dist. and Bagle Sewer District prior to beginning of project. 17. A drainage plan BlUst be submitted and approved by the Bagle City Bngineer prior to issuance of any permits. 18. An agreement between the owners of Bagle poodtown and l{athy Roberts will need to be executed. and presented to the City outlining additional parking in order to meet City parking requirements. 19. A separate Design Review application will need to be submitted to the City and approved prior to erecting a sign for the building. ADOPTED by the Eagle Planning and Zoning Commission, of the City of Eagle Idaho this 17 day of ~, 1993. CHAIRMAN KEN SMITH PLANNING AND ZONING COMMISSION BARBARA MONTGOMERY, CITY CLERK THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Roberts Square adopted by Eagle Planning and Zoning on May 17, 1993 are hereby adopted by the Eagle City Council. June , 1993. ~ \