Findings - PZ - 2010 - CU-01-09 - Cu For Bank W/Drive Up Service/0.971 Acre Site/80 E. Riverside Dr.
ORIGlhll\L
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 CAPITAL EDUCATORS )
CREDIT UNION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-OI-09
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on January 19,2010. 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 SUMMARY:
Capital Educators Credit Union, represented by Chad Slichter with Slichter Architects, is
requesting condition use approval for a bank with drive up service. The 0.971-acre site is
generally located at the northeast comer of the intersection of South Eagle Road and East
Riverside Drive, Lot 2, Block 1, Mixed Use Subdivision No.2, at 80 East Riverside
Drive.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at 462 E. Shore Drive (The Land Group) at 6:00 PM,
November 19, 2009, in compliance with the application submittal requirement of Eagle
City Code. The application for this item was received by the City of Eagle on November
23,2009.
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 December 28,2009. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on December 23,2009. The site was posted in accordance with the Eagle City Code
on January 8, 2010. Requests for agencies' reviews were transmitted on December 7,
2009, 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 application for Mixed Use
Subdivision No.1 (Eagle River Development) (FP-13-01).
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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 October 23, 2001, the Eagle City Council approved a combined preliminary plat and
final plat for Mixed Use Subdivision No.2 (Eagle River Development) (PP/FP-01-01).
E. COMPANION APPLICATIONS:
Design review application to construct a 3,600-square foot bank facility with drive-up
service and ATM lanes for Capital Educators Credit Union bank facility (DR-41-09).
Design review application to construct three (3) building wall signs for Capital Educators
Credit Union bank facility (DR-42-09).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DE SIGNA TION
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 Bank with drive-up service
District with Development
Agreement)
South of site Commercial C-3-DA (Highway Business Riverside Drive, bank with
District with Development drive-up service, Hilton
Agreement) Garden Inn Hotel
East of site Commercial C-3-DA (Highway Business Multi-tenant retail buildings
District with Development
Agreement)
West of site Commercial C-l (Neighborhood Business Eagle Road/Channel Center
District) Commercial Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The parcel is currently vacant with partial parking and drive aisle improvements
completed with the construction of the Home Federal Bank to the north and the multi-
tenant retail building to the east. Landscaping has been completed on the western and
southern boundaries (improved with the development of the Eagle River commercial
development).
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .917-acre 1,300-square feet
Percentage of Site Devoted to Building 9.01% 92% - maximum coverage
Coverage
Percentage of Site Devoted to 41.3% 10% - Minimum
Landscaping
Number of Parking Spaces 38 18
Front Setback 58-feet O-feet minimum
Rear Setback 69-feet O-feet minimum
Side Setback 41-feet - 10-inches O-feet minimum
Side Setback 28-feet - 4-inches 0- feet minimum
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 three
(3) drive-up service lanes.
Height and Number of Stories of Proposed Buildings:
A single story building is proposed, measuring approximately twenty-seven feet (27') in
height.
Gross Floor Area of Proposed Buildings: 3,600 square-feet
On and Off-Site Circulation:
Patrons will enter the bank site on drive aisles from East Riverside Drive or Inlet Bay Lane
located north and south of the site. The existing drive aisles provide reciprocal ingress-
egress access among the adjacent lots (Home Federal Bank and the multi-tenant retail
building). The proposed drive-up service located on the south elevation of the building is
accessed from the drive aisle located on the north side of the building then proceeding
south along the west side of the building to the area where the drive-up service is to be
located. The drive-up aisle provides access to three (3) drive-up service facilities located
on the south elevation of the building. Patrons exiting the drive-up service lanes enter into
the drive aisle east of the bank and may proceed south to East Riverside Drive or north to
Inlet Bay Lane.
K. PUBLIC SERVICES A V AILABLE:
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.
L. PUBLIC USES PROPOSED: None
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M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes - the applicant will be required to meet the floodplain requirements approved
with the Eagle River development and provide the required elevation certificates.
Mature Trees - yes - street trees adjacent to 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: 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:
Chevron Pipe Line - No coriflict with the pipe line
Division of Environmental Quality - Provided overview of Air Quality, Wastewater and Reuse,
Drinking Water, Surface Water and Hazardous Waste and Ground Water Contamination
concerns.
Eagle Fire Department - No opposition to the application and requested a full set of construction
plans for review and approval prior to issuance of a building permit.
Idaho Transportation Department - No comment
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 ofthe 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;
E. Will be served adequately by essential public facilities such as highways, streets, police
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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.
ST AFF 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 08-25-09) 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.
C. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.2.5 All development within the Property shall be consistent with the Site Design
Guidelines ("Design Guidelines") attached hereto as Exhibit D and generally
consistent with the Conceptual Plan attached hereto as Exhibit E. The Conceptual
Plan attached hereto describe the general nature and relative location of certain
elements fro the Property. The intent of this Agreement is to allow sufficient
flexibility at the time of detailed planning and platting while still maintaining the
general intent of the Conceptual Plan with the requirements set forth in this
Development Agreement.
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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 is proposing
to place the drive-up service lanes on the south side of the building adjacent to East Riverside
Drive. Although this location will allow for buffering the lanes from South Eagle Road and
eliminate any potential vehicle headlight glare on South Eagle Road, there is still the potential
of headlight glare on East Riverside Drive as the vehicles are queuing into the drive-up
service. 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 lane to reduce
the impact of the vehicles utilizing the drive-up service lane (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 forty-five feet
(45') south of the proposed drive-up service lanes and adjacent to East Riverside Drive. 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 approximately 56 dBs at the sidewalk
location without a vehicle present in the drive-up service lane. This would be equivalent to a
normal conversation at three feet (3 '). If a vehicle were present at the drive-up service the dB
level would be significantly reduced.
· The proposed bank facility is proposed within an area of special flood hazard (ASFH). The
applicant should be required to comply with Eagle City Code Title 10, Flood Control and the
flood plain development requirements associated with the Eagle River development. The
applicant should provide an Elevation Certificate (EC) prior to the issuance of a certificate of
occupancy for the building.
· 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
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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 bank/financial institutions 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 and the design
requirements pursuant to the development agreement associated with the Eagle
River development;
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 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 south side of the building which buffers the
lanes from South Eagle Road and eliminates any potential vehicle headlight glare
on South Eagle Road and East Riverside Drive.
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 January
19 2010, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
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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 proposed bank with drive-up service is compatible with the uses adjacent to this site.
· The Design Review Board will address the required buffering of the proposed drive-up
service lanes adjacent to East Riverside Drive.
· There are no residential uses located in proximity to the site that will be impacted by the
outdoor intercom system.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of CU-O 1-09 for a
conditional use permit for a bank facility with drive-up service for Capital Educators Credit Union,
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 the conditions noted
herein.
2. Comply with all requirements of the development agreement dated, January 25, 2000, between the
City of Eagle and Eagle River LLC, (instrument No.1 00011692).
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.
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 lane (i.e. vehicle headlights and vehicle cueing).
5. The applicant shall be required to comply with Eagle City Code Title 10, Flood Control and the flood
plain development requirements associated with the Eagle River development. The applicant shall
provide a post construction Elevation Certificate (EC) (FEMA form 81-31) prior to the issuance of a
certificate of occupancy for the building.
6. 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.
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.
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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
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.
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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 of3,600 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.
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.
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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.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 462 E. Shore Drive (The Land Group) at 6:00 PM, November
19, 2009, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on November 23,2009.
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 December 28, 2009. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on December 23, 2009. The site was posted in
accordance with the Eagle City Code on January 8, 2010. Requests for agencies' reviews were
transmitted on December 7, 2009, in accordance with the requirements of the Eagle City Code.
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3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-01-09) 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 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 which contains other bank/financial institutions 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 and the design requirements pursuant to the
development agreement associated with the Eagle River development;
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 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 south side of the building which buffers the lanes from South
Eagle Road and eliminates any potential vehicle headlight glare on South Eagle Road
and East Riverside Drive.
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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 1st day of February 2010.
PLANNING AND ZONING COMMISSION
OF THE CITYOF EAGLE
Ada County, Idaho
~~
Gary Tanner, Chao
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Sharon K. Bergmann, Eagle City Clerk
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Page 13 of 13
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