Findings - CC - 2007 - CU-10-06 - Construct A Bank Facility With 2 Drive Up Services Lanes/.93 Acre/47 E Rive
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
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-IO-06
The above-entitled conditional use permit application came before the Eagle City Council for their
decision on February 13, 2007, at which time testimony was taken and the public hearing was closed. 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:
Eagle River, represented by Billy Ray Strite with BRS Architects, is requesting
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 Code 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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on January 16, 2007. 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 January 8,
2007.The site was posted in accordance with the Eagle City Code on February 2,2007.
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).
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On May 8, 2001 the Eagle City Council approved a final plat application for Mixed Use
Subdivision No. I (Eagle River Development) (FP-13-01).
On September 13,2001, the Eagle City Council approved a design review application for
the common area landscaping within the Eagle River Development (DR-70-00).
On November 7, 2001, the Eagle City Council approved a combined preliminary plat and
final plat for Mixed Use Subdivision No.2 (Eagle River Development) (PP/FP-OI-OI).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
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
RiverIResidential Two Agreement) and R-2-P of the Boise RiverlIsland
(Residential, Planned Unit Woods Subdivision
Development)
East of site Mixed Use MU-DA (Mixed Use with Lake/Office Buildings &
Development Agreement) Restaurant Building
West ofsite Eagle Road/Commercial C-l (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, parking, common area
landscaping, and parking lot landscape islands completed.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .93-acres (42,046 S. F.) 0.03-acres (1,300 S.F.) minimum
Percentage of Site Devoted to 9% (approx.) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 26% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces *45-spaces 18-spaces, plus queue space for four
4-queue spaces per lane cars per drive up window
Front Setback (north) 26- feet O-feet minimum
Rear Setback (south) 59-feet O-feet minimum
Side Setback (east) 158-feet O-feet minimum
Side Setback (west) 66-feet O-feet minimum
.Note: The proposed bank on the pad site of Lot 5, Block 4, IS a 3,500-square foot bUlldmg. Per Eagle CIty Code, the
required parking for a 3,500-square foot bank would be IS-parking spaces, plus queue space for four cars per drive up
window. There are currently 60-parking spaces located on Lot 5, Block 4 and 15-parking spaces will be eliminated to
accommodate the drive-up service lanes, which totals 45-parking spaces (this would leave an excess of 27 soaces). 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-soaces). The hotel site has 121-
parking spaces (Lot 6, Block 4). It was required to have lIS-parking spaces (excess of 3-soaces). Taking the total of
1he excess parking spaces noted above (27+15+3), 45-oarking soaces are available to be counted towards any future
additions to 1he 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 drive 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 into the
project 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 permit. The Eagle Sewer District
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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 - SOO-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 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;
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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. 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 District 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 BanklFinancial 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 binding precedent to
grant other conditional use permits.
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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 C3IDA and MUIDA 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 IS0,OOO total square footage Specific
Limitations (defined below) for 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 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 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, staff believes there
will 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
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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 staffs 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 compliment 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/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 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
semces;
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
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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 staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
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-1O-06 for a
conditional use permit for a bank facility with two drive-up service lanes for Eagle River with the
site specific conditions of approval and standard conditions of approval provided within their
findings of fact and conclusions oflaw document dated, December ]8,2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February ]3,2007, 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-1O-06 for a conditional use permit for
a bank facility with two drive-up service lanes for Eagle River with the with the following
Planning and Zoning Commission 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.
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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 ofPP-14-00, FP-13-01, DR-70-00, and PP/FP-OI-OI for 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 APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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 first.
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 from 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.
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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 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 permits or
Certificate of Occupancy, whichever occurs first.
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 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.
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. "
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 for one and two family
dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and I,SOO 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.
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13. 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 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 Certificate
of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
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.
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.
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CONCLUSIONS OF LAW:
1. 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 6S, Idaho Code and the Eagle City
code 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 6S, 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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 6S, Idaho Code and the Eagle City code on January 16,
2007. 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 January 8, 2007.The site was posted in accordance with the Eagle City Code on
February 2,2007.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-I0-06) with regard to Eagle City Code Section 8-7-S "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
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 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
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K:\Planning Dept\Eagle ApplicationsICU\2006\CU_IO_Q6 ccfdoc
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.
DATED this 27th day of February 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon K. Bergmann, Eagle City Cler
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