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Findings - PZ - 2006 - CU-10-06 - Construct Bank W/2 Drive-Up Service Lan/.93 Acre/47 Eriverside Dr BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) A BANK FACILITY WITH TWO DRIVE-UP ) SERVICE LANES FOR EAGLE RIVER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-I0-06 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on December 4, 2006. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the malter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle River, represented by Billy Ray Strite with BRS Architects, is requestmg conditional use approval to construct a bank facility with two drive-up service lanes. The .93 acre site is located within Eagle River at the southeast corner of South Eagle Road and East Riverside Drive at 47 East Riverside Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle River Development Office at 6:00 PM, October 4, 2006, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on October 4,2006. 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 November 13, 2006. 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 November 7,2006. The site was posted in accordance with the Eagle City Code on November 21, 2006. Requests for agencies' reviews were transmitted on October 13, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 25, 2000, the Eagle City Council approved a rezone with a development agreement (including a concept plan) for Eagle River Development (RZ-02-98). On April 24, 2001, the Eagle City Council approved a preliminary plat for Eagle River Development (PP-14-00). On May 8, 2001 the Eagle City Council approved a final plat apphcatlOn for Mixed Use Subdivision No. I (Eagle River Development)(FP-13-0 I). On September 13, 2001, the Eagle City Council approved a design review apphcation for the common area landscaping within the Eagle River Development (DR-70-00). On November 7, 200 I, the Eagle City Council approved a combined preliminary plat and final plat for Mixed Use Subdivision NO.2 (Eagle River Development)(PP/FP-O 1-0 I). Page 1 of 13 K -"Platllling Dept\Eag1e Applications\CL'\2U06"CU-IO-Ob pzfdoc E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND lTSE DESIGNATION DESIGNA nON Existing Commercial C-3-DA (Highway Business Vacant District with Development Agreement) Proposed No Change No Change Bank with drive-up serVIce North of site Commercial C-3-DA (Highway Business Riverside Drive/Bank District with Development Agreement) South of site CommerciallNorth C-3-DA (Highway Business Hotel and Channel of the Boise District wIth Development Restaurant/North Channel River/Residential Two Agreement) and R-2-P of the Boise Ri ver/lsland (Residential, Planned Unit Woods Subdivision Development) East of site Mixed Use MU-DA (Mixed Use with Lake/Office Buildings & Development Agreement) Restaurant Building West of site Eagle Road/Commercial C-I (Neighborhood Business Eagle Road/Channel District) Center Commercial Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The vacant pad is a part of Eagle River with all of the drive aisles, parkmg, common area landscaping, and parking lot landscape islands completed. Page 2 of 13 K.\Planning Dept\Eagle App1ic::Jtions\CU\::!006\C'U-IO-06 pzfdllC I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site .93-acres (42,046 S. F.) 0.03-acres (l ,300 S.F.) minimum Percentage of Site Devoted to 9% (approx.) 92'Yo (maximum) Building Coverage Percentage of Site Devoted to 26% (approx.) 10% (minimum) Landscaping Number of Parking Spaces *45-spaces l8-spaces, plus queue space for four 4-queue spaces per lane cars per drive up wmdow Front Setback (north) 26-feet O-feet mimmum Rear Setback (south) 59-feet O-feet minimum Side Setback (east) I 58-feet O-feet minimum Side Setback (west) 66- feet O-feet minimum 'Note: The proposed bank on lhe pad site of Lot 5, Block 4, is a 3.500-square foot building. Per Eagle City Code, the required parking for a 3.500-square fool bank would be I 8-parking spaces, plus queue space for four cars per drIve up window. There are currently GO-parking spaces located on Lot 5. Block 4 and 15-parking spaces wlll be eliminatcd to accommodate the drive-up service lanes, which totals 45-parking spaces (this would leave an excess of 27 sDaccs). The Bardenay Restaurant pad site located on Lot 7, Block 4, has 57-parking spaces. It was required to have 42 parking spaces based upon the 6,075 sq. ft. building footprint (this leaves an excess of 15-sDaces). The hotel site has 121- parking spaces (Lot 6, Block 4). It was requircd to have 1 I 8-parking spaces (excess of 3-sDaccs). Taking the total of the excess parking spaces noted above (27+15+3). 45-Darking SDaces are avallable to be counted towards any future additIOns to the three buildings. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building is proposed to be constructed for the operation of a bank facility with two (2) drive-up service lanes. Height and Number of Stories of Proposed Buildings: A single story building is proposed, measuring 20-feet 8-inches in height. Gross Floor Area of Proposed Buildings: 3,500-square feet On and Off-Site Circulation: Patrons will enter the bank site from the existing driveway located on East Riverside Drive. The parking lot for the bank may be accessed from the project dnve aIsle (located along the eastern boundary of the bank parcel) which provides reciprocal ingress-egress access among the adjacent lots (Hilton Hotel and Bardenay Restaurant). At the southeast corner of the proposed building, double drive-up lanes traveling north provides access to the two drive-up service facilities located on the east side of the building. Patrons exiting the drive-up service lanes enter into the parking lot drive aIsle to travel east mto the project drive aisle. K. PUBLIC SERVICES AVAILABLE: 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 permit. The Eagle Sewer District Page 3 of 13 K \Planning Dcpt',EJgle Applicmions\CU\2006\CU-IO-06 pzfJoc 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 having jurisdiction over the site is required prior to the issuance of any building permits for the site. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. 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 project parking lot and along Eagle Road and Riverside Drive 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 attached to the staff report. Comments which appear to be of special concern are noted below: Ada County Highway District Central District Health Department Chevron Pipe Line Company Eagle Fire Department Eagle Sewer District Idaho Power 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 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 (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); C. Will be designed, constructed, operated and maintained to be harmonious and appropnate 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; Page 4 of 13 K \Planning Depl\Eagle Applicalions\CU\200b\C'L-1 O.()b pzfdoc 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 additlOnal 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 we] fare 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. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 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. g. Encourage commercial growth adJacent to the Central Business Distnct and discourage isolated commercial development in outlying areas. 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. Chapter 6 - Land Use 6.3 Land Use Designations 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. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · ECC Section 8-2-3 states that a Bank/Financial Institution with drive up servIce requires the approval of a conditional use permit within the C-3 zoning district. . ECC Section 8-7-3-5 (F) A conditional use permit shall not be considered as establishing a bindmg precedent to grant other conditional use permits. Page 5 of 13 K \Planning Dept\Eagle Applicalions\CU\2006\CU-1 O-OtJ pzfdoc C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.2.2 The total gross square footage of building area permitted by Eagle City Code for all uses within the C3/DA and MU/DA portion of the Property can be developed and shall comply with the Eagle City Code, and Comprehensive Plan, as they exist at the time this Development Agreement is approved by the City, except as otherwise provided within this Agreement. A portion of the C3 Zone land, as shown on ExhibIt A (hereinafter referred to as "Hotel Site"), is currently intended to be used for hotel (as defined by the Eagle Zoning Code) including restaurant(s), meeting and/or convention rooms, and similar full service hotel uses, and for two (2) free-standing, restaurant uses. Eagle and the Applicant agree that the gross building area of the proposed hotel, and free-standing restaurants constructed on the Hotel Site shall not be counted against the 150,000 total square footage Specdic Limitations (defined below) tor certain commercial uses. The hotel approved for the Hotel Site is approved for up to 200 rooms in size and 35' in height unless a variance is approved by Eagle or unless the City Code is amended to allow additional height. The two (2) free- standing restaurants shall not exceed 20,000 total square feet of building area in the aggregate. In order to encourage the development of a hotel and free-standing restaurant(s) on the Hotel SIte, the Hotel Site shall not be developed and improved for any other purposes for a period of seven (7) years from the date of this Agreement. After the expiration of the seven (7) year period, the development of the Hotel Site for a use other than hotel and/or restaurants must be approved by amendment of this Development Agreement. D. 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. The pad is located within the existing Eagle River mixed use development. It should be considered that because existing commercial uses surround this site, there will be little impact on the adjacent properties and uses. The applicant also proposes to place the drive-up service lanes on the east side of the building which buffers lanes from South Eagle Road and eliminates any potential vehicle headlight glare on South Eagle Road. · Typical bank facilities with dnve-up service lanes have outdoor intercom systems (tor 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 subject parcel is part of a project that includes a hotel and restaurant. The proposes bank with drive-up service may be considered "self-contained" in that it is located on the north side of the project and designed to be bounded on two sides with landscaping and two sides with drive aisles. Because of this configuration, stafI believes there wlll not be any parking conflicts with the hotel and restaurant since this parcel is "separated" from the others and patrons will tend to use the parking on this particular site rather than abutting parcels. · The Development Agreement approved with application RZ-02-98 specified that the development of this portion of Eagle River is intended to be used for hotel (as defined by the Eagle Zoning Code) including restaurant(s), meeting and/or convention rooms, and similar full Page 6 of 13 K.\Pkmning Dept\Eagk ApplicaliDlls\ClJ\2006\CL-IO-()() pzfdllC service hotel uses, and for two (2) free-standing, restaurant uses. At the time that the Development Agreement was written, it was the developer's and statrs objective to ensure that the site was developed with a hotel. Since the hotel and one restaurant (adjacent to the hotel) has been built, it is staffs opinion that a bank with drive-up service on the north side of this project will not negatively affect the hotel and restaurant uses but will compltment the adjacent uses to the north. 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 incorporation of a bank with drive-up service is an allowed use that compliments the adjacent uses to the north of the site. . Staff 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 since a bank/financial institution with drive-up service may be permitted in the C-3 - DA (Highway Business District with a Development Agreement) 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 - DA (Highway Business District with a Development Agreement) 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/tinancial institution with drive-up service is located within a commercial development and will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; 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 establtshment of the proposed use shall be able to provide adequately any such services as noted in responses received by agencies providing the publtc services, or as conditioned herein; F. Will not create excessive additional requirements at public cost for publtc 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 conditlOns 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 wi]] be required to provide outdoor communication systems that are designed to mitigate noise Page 7 of 13 K \Planning Dept\Eagk Applications\CU'.200b\C'C-1 0-06 pzfdoc projection onto adjacent property, and the drive-up service lanes have been placed on the east side of the building which buffers the lanes from South Eagle Road and eliminates any potential vehicle headlight glare on South Eagle Road. 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. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to statT to date, statT 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 December 4, 2006, 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 (Jacobs absent) to recommend approval of CU-lO-06 for a conditlOnal use permit for a bank facility with two drive-up service lanes for Eagle River, with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Only the use Bank/Financial 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 the development agreement dated, January 25, 2000, between the City of Eagle and Eagle River LLC. 3. Comply with all requirements of PP-14-00, FP-13-01, DR-70-00, and PP/FP-OI-Ol tor this site. 4. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and its affects 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 permits. 5. A separate design review application is required for the approval of any signs. STANDARD CONDITIONS OF APPRO V AL: I. The applicant shall comply with all requirements of the Ada County Highway Distnct 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 or Certiticate of Occupancy, whichever occurs first. Page 8 of 13 K\PI:11lning Depl\Eagk Applicatiolls'.,CU'..::!006\CU-IU-Ob pzf JO(; 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer DIstrict & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs tirst. 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 or Certificate of Occupancy, whichever occurs first. 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 trom the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 storm drain disposal system shall be complete before an occupancy permit is issued. 8. 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 Engmeer shall certIfy that any ditch rerouting, piping, covering or otherwise changing the existing imgation or waste ditch (l) 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 or Certificate of Occupancy, whichever occurs tirst. 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 tirst. 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 Page 9 of 13 K.\Planning Depl\Eagle Applicalions\CL'\2{)()(j\CU-10-06 pzfJo(; public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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. II. The parking area shall be paved and shall be mamtained in good condition without holes and tree 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 Certiticate 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." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute tor 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. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 or Certificate of Occupancy, whichever occurs first. 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 or Certtficate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the efTects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. l7. 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 or Page 10 of 13 K.\Planning Depl\E<lgle Applications\C'U'.,;!OOb\CU-10-06 pzf doc Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Buildmg Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All desih'l1 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. 22. 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 advises the City of Eagle of its intent to change the planned use of the subJect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 23. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 24. 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 Planning and Zoning Commission approval date). 25. 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. CONCLUSIONS OF LAW: I. The application for this item was received by the City of Eagle on October 4, 2006. 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 November 13, 2006. 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 November 7, 2006. The site was posted in accordance with the Eagle City Code on November 21, 2006. Requests for agencies' reviews were transmitted on October 13, 2006, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-IO-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information 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 Page 11 of 13 K\Plmming Depl\Eagle Applications\CLF2006\CLJ-IO-06 pzf doc the C-3-DA (Highway Business District with a Development Agreement) 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 - DA (Highway Business District with a Development Agreement) 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 and will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; 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 withm 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 placed on the east side of the building which buffers the lanes from South Eagle Road and eliminates any potential vehicle headlight glare on South Eagle Road. 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. Page 12 of 13 K:\Planning Dept\Eagle A.pplicatillns\CU'-.:!006\CU-IO-()6 pzf doc DATED this 18th day of December 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ,> :.> ---- "\ '\.-.. -- (laSorr; Pierce, Chairman '----- - ATTEST: ",.,.....".,., JI>'" 'i 0 FE.... ,. ,.,~ ....... -1 Q ". I v... -.. '< "'.., ~ .- 1\l.POR-1 e. ~ ~ :. ;--.. : .. ~, : : -......: . , :. : -S EAL ,,': i . ..~~R ,o...e. ~~... - ..:OR.A1t:..~....."J...O_" " (/' ......v ,.'fr "" S OF It> po. ,.. I" ,t' ""'''1'''''' Page 13 of 13 K\Plannillg Dept\Eagk App]icatil1ns\CL\2()()b'CU~ I (l.()o pzfdl1C