Findings - CC - 2005 - CU-9-04 - Construct Bank Facility With 3 Drive Up Service Lanes.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A )
BANKfFINANCIAL INSTITUTION WITH DRIVE)
UP SERVICE FOR SYRINGA BANK )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-9-04
The above-entitled conditional use pennit application came before the Eagle City Council for their action
on February 22, 2005. The Eagle City 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:
Syringa Bank, represented by CSHQA, is requesting conditional use approval to construct
a bank facility with three drive-up service lanes. The 1.04 acre site is generally located on
the northwest comer of State Highway 44 and north Horseshoe Bend Road in the Eagle
Promenade Shopping Center at 3172 East State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 24, 2004.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on December 13, 2004. Notice of this public
hearing was mailed to property owners within three-hundred feet OOO-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
Eagle City Code on December 8, 2004. Requests for agencies' reviews were transmitted
on November 29, 2004, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27,2001, the Eagle City Council approved a preliminary plat (PP-18-00) for
Eagle Towne & Country Centre for this site.
On February 27, 2001, the Eagle City Council approved a conditional use penn it for a
shopping center (CU-18-00) for this site.
On February 25, 2003, the Eagle City Council approved a final plat (FP-I-03) for YES
Subdivision (also known as Eagle Towne & Country Centre) for this site.
On April 24, 2001, the Eagle City Council approved a Design Review application (DR-6-
01) for a master landscape plan for Eagle Towne & Country Centre for this site.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
Proposed No Change No Change Bank facility with three
drive up service lanes
North of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
South of site Mixed Use State Highway 44 & MU Vacant
(Mixed Use)
East of site Commercial C2 (Not within City of Eagle Horseshoe Bend Road &
Area of Impact) Car washing facility
West of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H.
EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the Eagle Promenade Shopping Center (formerly Eagle
Towne & Country Centre), with landscape borders on the east and south boundaries of the
subject parcel. In addition, the majority of the shopping center parking and drive aisles
have been completed.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.04-acres (45,302 S. F.) 0.03-acres (1300 S.F.) minimum
Percentage of Site Devoted to 10 % (approx.) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 38% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 25-spaces 23-spaces, plus queue space for four
cars per drive up window
Front Setback (south) 57 -feet 30-feet minimum (per condition of
approval for CU-18-00)
Rear Setback (north) 14-feet O-feet minimum
Side Setback (east) 74-feet O-feet minimum
Side Setback (west) 169-feet O-feet minimum
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building is to be constructed for the operation of a bank facility with three (3) drive-
up service lanes, two (2) with teller service and one (1) for an ATM.
Height and Number of Stories of Proposed Buildings:
A single story building is to be built, measuring 28-feet in height from the average ground
level adjacent to the foundation to the tallest peak of the roof.
Gross Floor Area of Proposed Buildings: 4,644-square feet
On and Off-Site Circulation:
Patrons will enter the shopping center site from one of six entrances located on State
Highway 44 and Horseshoe Bend Road. The parking lot for the bank may be accessed
from a drive aisle (located along the northern boundary of the bank parcel) which provides
reciprocal ingress-egress access among the adjacent lots. Near the southwest comer of the
building, a single drive up lane traveling east divides into three (3) lanes for the teller and
A TM services located on the south side of the building. Patrons exiting the drive up
service lanes enter into a drive lane to travel north and then west into the shopping center
drive aisle.
K.
PUBLIC SERVICES A V AILABLE:
The Eagle Fire Department has no opposition to the project but will require the approval
of building plans prior to the issuance of a building pennit. The Eagle Sewer District
states the site is within the District's service boundaries and construction plans will need
to be approved prior to the connection of sewer service. Approval of the water company
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L.
M.
N.
having jurisdiction over the site is required prior to the issuance of any building pennits
for the site.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500-year
Mature Trees - located within the shopping center parking lot and the center's borders
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference. Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Power
Idaho Transportation Department
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
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 tenns 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 (Eagle
City Code Title 8) 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 (Eagle City Code Title 8);
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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 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 are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
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.
COMPREHENSIVE PLAN PROVISIONS
REGARDING THIS PROPOSAL:
WHICH
OF
SPECIAL
CONCERN
ARE
Chapter 5 - Economic Development
5.5
Implementation Strategies
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
h. Promote additional employment opportunities and expand the economic base
by a) encouraging growth and expansion of existing businesses and industry
and b) attracting additional business and industry so residents will be provided
with adequate commercial services and facilities.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that a BanklFinancial Institution with drive up service requires the
approval of a conditional use pennit within the C-3 zoning district.
.
ECC Section 8-7-3-5 (F)
A conditional use pennit shall not be considered as establishing a binding precedent to
grant other conditional use pennits.
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c.
DISCUSSION:
.
With the review of an application that includes the use of a drive up service, consideration
should be given to surrounding uses and roadways due to noise and headlight glare created by
the vehicles accessing the site. It may be considered that because commercial uses exist or are
proposed to be constructed surrounding this site, there will be little impact on the adjacent
properties and uses. However, because the drive up service lanes are proposed to travel from
west to east and then north and west around the building, headlights from the vehicles using
the drive up service have the potential to shine directly into westbound bound traffic traveling
on State Highway 44 (abutting the southern boundary of this property) and southbound traffic
on Horseshoe Bend Road (eastern boundary). The master landscape plan approved by the City
for the Eagle Towne & Country Centre was designed with landscaping along the southern
boundary of the center (adjacent to State Highway 44) and a combination of a wall and berm
with plant material was installed along the majority of the eastern side of the parcel (adjacent
to Horseshoe Bend Road). This existing wall and landscaping would appear to provide
adequate screening of the drive up service lanes except for a small gap located in the southeast
comer of the site. The applicant has proposed to add a minimum three-foot (3') tall berm and
additional landscaping to mitigate this deficiency. Typically, a minimum screening height of
forty-inches (42") is needed to adequately screen vehicle headlights; staff believes that the
proposed benn and plant material will sufficiently address this requirement. However, staff
will defer to the Planning and Zoning Commission, Design Review Board and City Council to
detennine if any additional screening measures should be required for the drive up lane.
.
Patrons using the drive up lane will exit the lane traveling west on the northern side of the
building, which will require maneuvering the vehicle through a portion of the eastbound travel
lane of a parking lot drive aisle to merge into the appropriate westbound lane, and as such, a
conflict with an eastbound vehicle is possible. One way to mitigate this potential vehicle
conflict would be to install signage for vehicles traveling in both directions warning drivers of
oncoming traffic. One sign for eastbound travelers could be installed in the middle landscape
island located on the north side of the site, and one sign for westbound travelers in the island
located on the north side of the drive up lane exit. The applicant should be required to
provide a sign plan (that delineates a traffic circulation pattern to mitigate potential vehicle
conflicts between vehicles exiting the drive up lanes) to the Design review Board for review
and approval.
.
Typical bank facilities with drive up service lanes have outdoor intercom systems (for patrons)
that may project sound outside of the bank's property boundaries. While this site is bounded
on all sides by commercial property or roadways, this does not alleviate the creation of a
possible nuisance to adjacent users. The applicant should provide details on how the intercom
system decibel level will be minimized to mitigate the effects on adjacent properties.
.
With regard to parking, the site may be considered "self-contained" in that it is designed to be
bounded on three sides with landscaping, and the remaining side is a shopping center drive
aisle. Because of this configuration, staff believes there will not be any parking conflicts with
adjacent uses since this parcel is "separated" from the others and patrons will tend to use the
parking on this particular site rather than abutting sites.
.
Site specific condition of approval no. 1 of the conditional use pennit for the Eagle Towne &
Country Centre (CU-18-00) specified that the development of the center is "limited to the uses
as defined under the tenns "Retail", "Restaurant", and "Fuel Service" as listed in ECC 8-2-3".
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At the time that the condition was written, it was staff's objective to ensure that the site was
not developed in a manner different from that proposed or to allow uses not shown on the
plan. A bank was in fact listed on the original plan and the omission of the bank reference in
the condition of approval was not intended to exclude the use from the site or require a
modification to the original conditional use pennit to allow the use. Staff requests that the
Planning and Zoning Commission and the City Council include a finding in the respective
Findings of Fact and Conclusions of Law that the omission of the bank reference was not
intended to exclude the development of a bank on the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends approval of the conditional
use pennit 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 January
18, 2005, 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 (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of a conditional use pennit for a
BanklFinancial Institution with drive up service for Syringa Bank, with the recommended site
specific conditions of approval and standard conditions of approval shown within their Findings of
Fact and Conclusions of Law document, dated February 7, 2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 22, 2005, at which
time testimony was taken and the public hearing was closed. 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 no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve CU-9-04 for a conditional use pennit for
a BanklFinancial Institution with drive up service for Syringa Bank with the following Planning
and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use BanklFinancial Institution with drive up service is approved with the conditions noted
herein. The property is subject to the conditions of design review.
2. Comply with all requirements of CU-18-00, PP-18-00, DR-6-01, and FP-I-02 for this site.
3. Provide a sign and or striping plan to mitigate potential vehicle conflicts between the vehicles exiting
the drive up lane with the east bound vehicles using the two-way access on the northern side of the
bank facility. Details shall be submitted for review and approval by the Design Review Board prior to
the issuance of any building permits for the site.
4. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and
its effects on adjacent properties (sound not to be audible at more than one-hundred feet from source).
Details shall be submitted for review and approval by the Design Review Board prior to the issuance
of any building pennits.
5. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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 pennits.
2.
Idaho Department of Environmental Quality approval of the sewer and water facilities is required
prior to issuance of any building permits.
3.
All pennits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building pennit.
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 pennitted, 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 pennits.
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 pennits 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 stonn 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
pennits.
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8.
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 perfonnance 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
another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the stann 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 first 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
(1) 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 pennits.
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 first. 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 fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
b.
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13.
c.
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,
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 fITe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
d.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or 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.
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.
15.
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 pennit.
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.
20.
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.
21.
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.
22.
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
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approval date).
The City's actions on the application does not grant the applicant any appropriation of water or
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.
23.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 24, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 13, 2004. 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 December 8, 2004. Requests for agencies' reviews
were transmitted on November 29, 2004, 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 February 7,
2005. 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 February 1, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-9-04) 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 conditional use permit
is in accordance with the Eagle City Code because:
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 since a Bank/financial institution with drive up service may be
permitted in the C-3 (Highway Business District) zoning district if a conditional
use permit is approved by the City Council;
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 Bank/financial institution with drive up service is permitted with the
approval of a conditional use within the C-3 (Highway Business District) 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 Bank/financial institution with drive up service is located within a
commercial development previously approved through a conditional use pennit
for a shopping center, and is required to comply with the requirements of a design
review application;
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D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the Bank/financial institution with drive up service is to be located within a
commercial development that currently has or proposes to construct compatible
commercial uses;
E.
Will be served adequately by essential public facilities that are currently available
to the site such as highways, streets, police and fire protection, drainage structures,
refuse disposal, 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 conditioned herein;
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 site has been improved with essential public facilities such as
streets, sewer and water services;
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
since the site will be required to provide outdoor communication systems that are
designed to mitigate noise projection onto adjacent property, and the drive up
service lanes have been designed with screening methods to be located on the
southern boundary of the parcel to alleviate potential headlight glare onto passing
motorists and pedestrians;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as previously
approved by the highway district having jurisdiction; 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 Council agreed with the Commission and found that while site specific condition of approval No.
1 of the conditional use permit for the Eagle Towne & Country Centre (CU-18-00) specified that the
development of the center is "limited to the uses as defined under the terms "Retail", "Restaurant", and
"Fuel Service", the omission of a bank reference in the condition of approval was not intended to
exclude the development of a bank on the site since the original shopping center plan approved by the
City did denote a bank as a proposed use for the site.
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DATED this 8th day of March 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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K:\Planning Dept\Eagle Applications\CU\2004\CU-O9-04 ccf.doc