Findings - CC - 2010 - CU-01-10 - Conditional Use Permit For Bank With Drive Up Key Bank 3144 E State
BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action
on June 8, 2010, 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 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 corner of East State Street and North Horseshoe Bend Road approximately three
hundred feet (300') west of North Horseshoe Bend Road, Lot II, Block I, 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 2S, 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 6S,
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 6S, 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 2S, 2010 in
accordance with the requirements of the Eagle City Code.
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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 May 17, 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 6S, Idaho Code and Eagle City Code on May 13,2010.
The site was posted in accordance with the Eagle City Code on May 24, 2010.
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-18-00).
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, 200 I, the Eagle City Council approved the common area landscaping within
Eagle Towne and Country Centre (DR-06-01).
On February 2S, 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 A TM lanes for KeyBank bank facility (DR-07-1 0).
Design review application to construct two (2) building wall signs for the Key Bank bank
facility (DR-08-l 0).
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
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).
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site l.l2-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 1I7-feet O-feet minimum
Side Setback lIS-feet O-feet minimum
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (I) 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 corner 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.
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L. 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.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON-SITE FEA TURES:
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 street frontage
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);
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e. 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 08-2S-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-S (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. 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 I) 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 sh ine
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 (Le. 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 S3
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 (l)
parking space for each 200 square-feet of gross floor area; plus queue for four (4) cars per
drive 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.
· Staffhas 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
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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 (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 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.
R. 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.
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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,
20 I 0, 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 center.
· By utilizing the existing wall adjacent to State Highway 44 the applicant will be able to
achieve appropriate screening for the proposed drive up service lane.
COMMISSION DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of CU-Ol-IO for a
conditional use permit for a bank facility with drive up service for KeyBank, with the site specific
conditions of approval and standard conditions of approval as shown within their Findings of Fact
and Conclusions of Law document, dated May 17, 2010.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 8, 2010, 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
app licant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-OI-I0 for a conditional use permit for a bank facility with
drive up service for KeyBank, with the following Planning and Zoning Commission recommended
site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. 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
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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-S[D][ID.
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-S[D][ID.
S. 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).
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 D.
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-S[D][2D.
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 perm its 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.
S. 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
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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.
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.
II. 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
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Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shaH be 1,000 gallons per minute for one and two family dweHings,
I ,SOO gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,SOO
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with aH 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
shaH 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.
IS. 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 shaH 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
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the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change
from the City of Eagle.
2S. 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 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 2S, 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 6S, 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 6S, 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 2S, 2010 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 May 17,2010.
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 6S, Idaho Code and Eagle
City Code on May 13, 2010. The site was posted in accordance with the Eagle City Code on May 24,
2010.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-Ol-lO) 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 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;
e. 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
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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 since the bank
will utilize existing driveways 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.
DA TED this 22nd day of June 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 14 of 14 '..............
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ATTEST:
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Sharon . Bergmann, Eagle City erk