Findings - DR - 1993 - CUP - 2 Story Building/Retail On Bottom/Office Space On Top
CITY OF EAGLE
Iii THE MATTER OF
ROBERTS SQtJARB
AN APPLICATIOII FOR A
CONDITIORAL USE PBRllIT
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FINDINGS OF FACT
AIm CONCLUSIORS OF
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.
B-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 percent (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 within 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 to arterial highways
and State St., should be responsible for providing means for
internal traffic circulation and assuring 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.
verification of proper parking arrangements and spaces;
Sewer District approval
3.
conditioned on all city codes and conditions of approval
CONDITIONS OF APPROVAL
1. All pexaits from Central District Health, Division of
Environmental Quality, Eagle Sewer District&: Bagle Fire District,
and Ada County Highway District regarding curb, gutter and
sidewalk, shall be secured prior to issuance of pexaits. Bagle
Fire Di8t. is required to approve building plan8 on ccmmercial
building8.
2.
All trash areas are to be enclosed.
3 . Shall meet all De8ign Review provisions regarding signs,
landscaping and exterior de8ign. A detailed landscaping plan,
indicating the names of all planting material plu8 their size at
the tiae of planting, 8Ust be sulDitted for review prior to
issuance of a building permit. (8-2A-7.F) All landscaped areas
shall include plans for the 8prinkler system.
4. The landscaping plan shall be approved by the Tree/Park
Committee prior to con8truction. (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 i8suance of any pe~it. 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 80 arranged as to reflect the light away from
the adjoining property.
7. Acce8S1 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 action.
8. Stripping 1 All parking areas with a capacity over twelve (12)
vehicle8 shall be stripped with double lines (six inches both sides
of center) between stalls to facilitate the aoveaent into and out
of the parking stal18
9. Off Street Parking Design and DiJDension Table8 (see attached)
10. Handicapped parking 8hall be clearly marked by a sign, centered
between 3 ft and 5 ft above the parking surface, at the head of the
parking space. The sign shall include the international symbol
acces8ibilityand state RESBRVED, or equivalent language. (UBC 1991
Appendix)
11. There shall be ~ handicapped parking 8paces required for 26
parking staI18.(UBC 1991-Appendix)
12 . Compliance with parking space requirements of the Ci ty of
Eagle.
13. All entrance8, exit8 and restroOJllll shall be meet handicap code
requireaent8 (UBC )
14. Will have at least a six foot high sight obscuring fence along
the property lines that adjoin a residence (8-3-5.1-2), or a strip
of land not less than 20 ft. in width planted with den8e planting
acceptable by the Tree/Park8 COIIIIRittee.
15. All land8caped areas abutting residential districts shall
remain free of all advertising or other signs.
16. All building plans must be approved by the Bagle Building
In8pector, Fire Dist. and Bagle Sewer District prior to beginning
of project.
17. A drainage plan must be submitted and approved by the Bagle
City Bngineer prior to issuance of any permits.
18. An agree88nt between the owners of Bagle Foodtown and Kathy
Roberts will need to be executed and pre8ented to the Ci ty
outlining additional parking in order to meet City parking
requir888nt8.
19 . A separate Design Review application will need to be sw.i tted
to the City and approved prior to erecting a sign for the building.
ADOPTED by the Eagle planulng and Zoning Commission,
of the City of Eagle Idaho this 17 gay of ~,. 1993.
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