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Findings - PZ - 2010 - CU-01-10 - Cu For Bank Service Drive Up Service/1.11 Acre/3144 E. State Street ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) A BANK FACILITY WITH DRIVE UP ) SERVICE FOR KEYBANK ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-OI-IO The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on May 3, 2010. The Eagle Planning and Zoning Commission 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 DESCRIPTION: KeyBank, represented by Craig Slocum with CSHQA is requesting conditional use approval for a bank with drive up service. The 1.1 I-acre site is generally located on the northwest comer of East State Street and North Horseshoe Bend Road approximately three hundred feet (300') west of North Horseshoe Bend Road, Lot 11, Block 1 , Yes Subdivision (Eagle Promenade), at 3144 East State Street. B. PROJECT SUMMARY: The applicant is proposing to construct a bank facility with three (3) drive up service lanes at 3144 East State Street (Lot 11, Block 1, Yes Subdivision). The property is designated in the comprehensive plan as Commercial and is located in the C-3 (Highway Business District) zoning district. Eagle City Code states that a bank/financial institution (with drive up service) requires approval of a conditional use permit to be located within the C-3 zoning district. The site contains landscaping adjacent to State Street and a sidewalk adjacent to the southern and eastern boundaries. Design review approval will be required for the proposed building and additional on-site landscaping. The applicant will also be required to comply with other agency requirements. C. APPLICA TION SUBMITTAL: A Neighborhood Meeting was held at 3116 E. State Street at 6:00 PM, March 22, 2010, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 25, 2010. D. 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 April 12,2010. 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 April 12, 2010. The site was posted in accordance with the Eagle City Code on April 22, 2010. Requests for agencies' reviews were transmitted on March 25, 2010 in accordance with the requirements of the Eagle City Code. Page 1 of 14 K:IPlanning DeptlEagle ApplicationslCUI201 OICU-0I-1 0 pzf Key Bank. doc E. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 27, 2001, the Eagle City Council approved a preliminary plat for Eagle Towne and Country Centre (PP-I8-00). On February 27, 2001, the Eagle City Council approved a conditional use permit for conditional use approval for Eagle Towne & Country Shopping Center and a height exception (CU -18-00). On April 24, 2001, the Eagle City Council approved the common area landscaping within Eagle Towne and Country Centre (DR-06-0l). On February 25, 2003, the Eagle City Council approved a final plat for Yes Subdivision (Eagle Towne and Country) (FP-OI-02). F. COMPANION APPLICATIONS: Design review application to construct a 3,876-square foot bank facility with three (3) drive up service and ATM lanes for KeyBank bank facility (DR-07-1O). Design review application to construct two (2) building wall signs for the KeyBank bank facility (DR-08-1O). Page 2 of 14 K:\Planning Dep[IEagle ApplicationslCUI20 I OICU -0 1-10 pzf KeyBank.doc G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Commercial C-3 (Highway Business Vacant Lot District) Proposed No Change No Change Bank with drive up service North of site Commercial C-3 (Highway Business Retail Business (Northwest District) Pets) and Vacant Lot South of site Mixed Use M-U (Mixed Use) St. Lukes Regional Medical Center East of site Commercial C-3 (Highway Business Shopping center drive way District) access and bank with drive up service (Syringa Bank) West of site Commercial C-3 (Highway Business Shopping center drive way District) access and restaurant with drive up service (Carls Jr.) H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. I. EXISTING SITE CHARACTERISTICS: The parcel is currently vacant with drive aisle improvements (completed with the development of Yes Subdivision) located on the eastern and northern portions of the parcel. Landscaping and sidewalk improvements have been completed on the western and southern boundaries (with the development of Yes Subdivision). Page 3 of 14 K:IPlanning DeptlEagle ApplicationslCUI20 1 OICU -01-10 pzf KeyBank.doc 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1 . 12-acres I ,300-square feet Percentage of Site Devoted to Building 8.00% 92% Coverage Percentage of Site Devoted to 41% 10% site, 8% parking Landscaping Number of Parking Spaces 21 20 Front Setback 78-feet 30-feet (pursuant to CU -18- 00) Rear Setback 23-feet O-feet minimum Side Setback 117 -feet O-feet minimum Side Setback 1I5-feet O-feet minimum K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One (1) building is proposed to be constructed for the operation of a bank facility with three (3) drive up service lanes. Height and Number of Stories of Proposed Buildings: A single-story building is proposed, measuring approximately twenty-two feet (22') in height. Gross Floor Area of Proposed Buildings: 3,876 square-feet On and Off-Site Circulation: Patrons will enter the shopping center site (in which the bank is proposed to be located) from one of six (6) entrances located on East State Street and Horseshoe Bend Road. The parking lot for the bank may be accessed from a shopping center drive aisle (located along the northern boundary of the bank property) which provides reciprocal ingress-egress among the adjacent lots. The drive up service will be accessed through the parking area located at the west elevation of the bank proceeding around the southern elevation of the bank to the three (3) drive up service lanes located at the east elevation of the bank. Near the southeast 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 east 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. Page 4 of 14 K:\Planning DeptlEagle ApplicationslCUI20 I OICU -01-10 pzf Key Bank. doc L. PUBLIC SERVICES AVAILABLE: Sewer service will be provided through the Eagle Sewer District. The applicant will be required to submit construction plans to the Eagle Sewer District, Eagle Fire Department and Ada County Highway District for review and approval prior to the issuance of a building permit. Approval from Eagle Water Company will be required prior to the issuance of any building permits for the site. M. PUBLIC USES PROPOSED: None N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes - within the landscaped areas adjacent to State Street Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. 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 in bold below: Ada County Highway District - No comment regarding site improvements since the site has no ACHD streetfrontage Eagle Fire Department - No opposition to application R. LETTERS FROM THE PUBLIC: None received to date. S. 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); Page 5 of 14 K:\Planning DeptlEagle ApplicationslCUI20 I OICU -0 I-I 0 pzf KeyBank.doc 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. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map (adopted 08-20-08) designates this site as: 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: · Eagle City Code Section 8-2-3 BanklFinancial Institution with drive up service requires the approval of a conditional use permit within the C-3 zoning district. · Eagle City Code 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. Page 6 of 14 K:\Planning DeptlEagle ApplicationslCUI201 OICU-O I-I 0 pzf KeyBank.doc 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. The site is located within the existing Yes Subdivision (Lot 11, Block 1) a commercial development. It may be considered that because existing commercial uses surround this site, there will be little impact on the adjacent properties and uses. The proposed drive up service lanes travel from west to east and then north along the building, headlights from the vehicles using the drive up service lanes have the potential to shine directly into westbound traffic travelling on State Highway 44 (abutting the southern boundary of this property) and southbound traffic on the shopping center drive aisle (eastern boundary) providing access to State Highway 44. The master landscape plan approved by the City for the Eagle Towne & Country Centre (Yes Subdivision) was designed with landscaping along the southern boundary of the center (adjacent to State Highway 44). The existing wall and landscaping would appear to provide adequate screening of the drive up service lanes adjacent to State Highway 44. However, there is still the potential of headlight glare on the drive aisle adjacent to the eastern boundary where the shopping center drive aisle is located and it does not appear that adequate screening is proposed in this area. The applicant should provide a minimum forty-eight inch (48") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive up service lanes to reduce the impact of the vehicles utilizing the drive up service lanes (i.e. vehicle headlights and vehicle queuing). . · 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. A public sidewalk is located approximately one-hundred feet (100') south of the proposed drive up service lanes and adjacent to the drive aisle from East State Street. The applicant has provided an audio system sound specification sheet showing the decibel levels (dB) associated with the proposed Diebold audio system. The specification sheet shows the audio system at a maximum level of output to be less than 53 dBs at the sidewalk location. This would be equivalent to a normal conversation at three feet (3 '). · With regard to parking, the site may be considered "self-contained" in that it is designed to be bounded on all three sides with landscaping, and the remaining side is a shopping center drive aisle. Pursuant to Eagle City Code, banks/financial institutions are required to have one (1) parking space for each 200 square-feet of gross floor area; plus queue for four (4) cars per dri ve up window. The applicant is proposing twenty-one (21) parking spaces, based on the size of the proposed facility twenty (20) parking spaces are required. Because of the site configuration and the required number of parking spaces being provided, 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. · 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: Page 7 of 14 K:IPlanning DeptlEagle ApplicationslCUI20 1 OICU -0 1-10 pzf KeyBank.doc The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) since a bank/financial 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 which contains other uses with drive up service that are adjacent to this site and the design of the proposed structure must meet the City's design review requirements; 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 compatible commercial 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 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 applicant will be required to provide outdoor communication systems that are designed to mitigate noise projection onto adjacent property, and the drive up service lanes will be placed on the east side of the building which buffers the lanes from State Highway 44 and eliminates any potential vehicle headlight glare on State Highway 44; 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 Idaho Transportation Department (ITD); 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. Page 8 of 14 K:IPlanning DeptlEagle ApplicationslCUI20 I OICU-O I-I 0 pzf KeyBank.doc 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 May 3, 2010, 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 DELIBERATION: Upon closing the public hearing the Commission indicated during deliberation that: · The bank facility with drive up service fits well with other uses within the shopping center. · By utilizing the existing buffering adjacent to State Highway 44 and the proposed buffering adjacent to the eastern property boundary the applicant will be able to achieve appropriate screening for the proposed drive up service lanes and mitigate the sound coming from the outdoor intercom system. COMMISSION DECISION: The Commission voted 4 to 0 (Villegas absent) to recommend approval of CU-OI-1O for a conditional use permit for a bank facility with drive up service for KeyBank, with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Only the use "BanklFinancial Institution with drive up service" is approved with this conditional use permit (ECC 8-2-3). 2. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this project prior to the issuance of a building permit (ECC 1-7-4 [B)). 3. 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 (ECC 8-7-3-5[D][I)). 4. The applicant shall provide a minimum forty-eight inch (48") high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, landscaping, or combination thereof within the buffer area adjacent to the drive up service lane to reduce the impact of the vehicles utilizing the drive up service lanes (i.e. vehicle headlights and vehicle cueing) (ECC 8-7- 3-5[D][1)). 5. The applicant shall submit a design review application showing elevations of the proposed building, site landscaping, and parking (ECC 8-2A-6, 8-2A-7). The design review application shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate for this site (ECC 8-2A-17). Page 9 of 14 K:\Planning DeptlEagle ApplicationslCU\20 IOICU-O 1- 10 pzf KeyBank.doc 6. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to commencing construction of any improvements on the site (ECC 8-7-2[A)). 7. A building permit for this proposal shall be obtained within one year, otherwise the conditional use approval for a bank with drive up service shall be considered null and void (ECC 8-7-3-5[D][2)). 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 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. 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 Page 10 of 14 K:\Planning DeptlEagle ApplicationsICUI2010ICU-01-1O pzf KeyBank.doc 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. 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. 11. 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. 12. 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. 13. 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, 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. 14. 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. Page 11 of 14 K:\Planning DeptlEagle ApplicationsICU\2010ICU-01-10 pzf KeyBank.doc 15. 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. 16. 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. 17. 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. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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). 26. 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. Page 12 of 14 K:\Planning DeptlEagle ApplicationslCUI20 I OICU -0 I-I 0 pzf KeyBankdoc CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 3116 E. State Street at 6:00 PM, March 22, 2010, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 25, 2010. 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 Code on April 12, 2010. 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 April 12, 2010. The site was posted in accordance with the Eagle City Code on April 22, 2010. Requests for agencies' reviews were transmitted on March 25, 2010 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-OI-IO) 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 this title (Eagle City Code Title 8) since a bank/financial 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 which contains other uses with drive up service that are adjacent to this site and the design of the proposed structure must meet the City's design review requirements; 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 compatible commercial 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 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; Page 13 of 14 K:IPlanning DeptlEagle ApplicationslCUI20 I OICU-O 1- 10 pzf KeyBank.doc 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 applicant will be required to provide outdoor communication systems that are designed to mitigate noise projection onto adjacent property, and the drive up service lanes will be placed on the east side of the building which buffers the lanes from State Highway 44 and eliminates any potential vehicle headlight glare on State Highway 44; 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 Idaho Transportation Department (ITD); 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-S (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 17th day of May 2010. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho j]_--: _ _--.~)- ~r> i '"~-- -, 'tn1 ~'K6t/-- i ,--- ~ \ Don Roehling, Chairman r" \...../ ATTEST: "II II II"", ........" <( 0 FE""" ...... \.~ ........-10/ ".. ...' G ..- -.. "'" ". $ ..o~POR-1 ..'{(\~ ::c, ;.~~ ';. =*: . : : : ~.-- : * : . .... SEA L · . .. · "t .....,.. ~ r.p -..(\0 ....~..: ~.. ~ ..!"OR A 1f~.. ,0 ..' ",I/" ......., ~ '\ "..... ',_ S OF \\). "" """",. .....,,,, Page 14 of 14 K:\Planning Dep[lEagle ApplicationslCU\20 IOICU-Ol-l 0 pzf KeyBankdoc