Findings - CC - 2010 - CU-02-10 - Conditional Use Permit Orville Jackson Drug Store To Stand Alone Bar 50 E State Street
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A BAR (STAND ALONE WITHOUT A )
RESTAURANT) FOR BILL MCCARREL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-02-10
The above-entitled conditional use permit application came before the Eagle City Council for their action
on August 10, 2010. 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:
Bill McCarrel is requesting conditional use approval for a Bar (stand-alone without a
restaurant). The 0.32-acre site is generally located on the north side of East State Street
approximately one hundred-twenty feet (120') east of North Eagle Road at 50 East State
Street.
B. PROJECT SUMMARY:
The applicant is proposing to convert the Orville Jackson Drug Store from its previous use
to a Bar (stand-alone without a restaurant) at 50 East State Street. The property is
designated in the comprehensive plan as Central Business District and is located in the
CBD (Central Business District) zoning district. Eagle City Code states that a bar requires
approval of a conditional use permit to be located within the CBD zoning district. The site
contains four (4) mature trees and a covered sidewalk adjacent to East State Street. Design
review approval will be required for the building and additional on-site landscaping. The
applicant will also be required to comply with other agency requirements.
C. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 7:00 PM, on Monday, April 19, 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 April 21, 20 I O.
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 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 65, Idaho Code and Eagle City
Code on May 12, 2010. The site was posted in accordance with the Eagle City Code on
May 28, 2010. Requests for agencies' reviews were transmitted on April 27, 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 65, Idaho Code and the Eagle City
Code on July 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 July 7,2010.
The site was posted in accordance with the Eagle City Code on July 30,2010.
E. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
F. COMPANION APPLICATIONS:
Design review application to convert an existing building (utilized for retail) into a bar
(stand-alone without a restaurant) (DR-ll-1 0).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Central Business District CBD (Central Business Vacant retail building
District)
Proposed No Change No Change Bar (Stand-alone without
restaurant)
North of site Central Business District CBD (Central Business Residential (Carpenters
District) Addition Subdivision)
South of site Central Business District CBD (Central Business Eagle Museum and
District) restaurant (Wild West
Bakery)
East of site Central Business District CBD (Central Business Office building
District)
West of site Central Business District CBD (Central Business Restaurant (Smoky
District) Mountain Pizza)
H. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the DDA (Downtown Development Area).
I. EXISTING SITE CHARACTERISTICS:
The site contains an existing building (Orville Jackson's Drug Store) which was
constructed in 1910 and subsequently remodeled in 1940. The parking area is located
adjacent to the east building elevation (13 spaces) with additional parking located adjacent
to the north elevation (S spaces) for a total of eighteen (18) spaces. The site also contains
an approximately eight foot (8') wide sidewalk covered by a portico located on the
southern boundary of the property and adjacent to East State Street.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.32-acre (approximately 500-square feet
13,939 square feet)
Percentage of Site Devoted to Building 33% (approximately) 40% (minimum)*
Coverage 95% (maximum)*
Percentage of Site Devoted to 8% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces I8-parking spaces 27-parking spaces (minimum)
Front Setback O-feet (south) O-feet (minimum)*
O-feet (maximum)*
Rear Setback 48-feet (north) O-feet (minimum)
Side Setback (west elevation) O-feet (west) O-feet (maximum)*
Side Setback (east elevation) 34-feet (east) O-feet (maximum)*
* Note: Minimum and maximum lot coverage and setbacks required when located within the DDA.
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) existing building to be utilized as a bar (stand-alone without a restaurant).
Height and Number of Stories of Proposed Buildings:
The one (1) story building is eighteen feet (18') in height.
On and Off-Site Circulation:
Patrons will enter the parking area from an existing entrance (on East State Street) located
on the east side of the building. They will also be able to enter the parking area from the
public alley located north of the site.
L. PARKING ANALYSIS:
Gross Floor Area of Proposed Buildings:
Storage (uninhabitable area)
Bar area
Total
= I ,OI8-square feet
= 3,841-square feet
= 4,859-square feet
Combined Proposed Total for Entire Building
Total: 18 - on-site parking spaces
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Combined Required Total for Entire Building
Bar Area - 1/150 square feet 3,841/150 square feet = 26 parking spaces
· Eagle City Code Section 8-4-5 requires I parking space per ISO-square feet of gross floor
area for "Restaurants, dining rooms, taverns, nightclubs, etc." uses:
Storage Area - 1/1 ,000 square feet = 1 parking space
· Eagle City Code Section 8-4-5 requires 1 parking space per I ,OOO-square feet of gross
storage area for "Storage (enclosed building and/or fenced area)" uses:
Total:
= 27 parking spaces
M. PUBLIC SERVICES AVAILABLE:
Sewer service will be provided by the Eagle Sewer District. The applicant will be required
to submit construction plans to the Eagle Fire Department for review and approval prior to
the issuance of a building permit. The applicant will be required to connect to central
water service (Eagle Water Company) prior to the issuance of a certificate of occupancy
for the building.
N. PUBLIC USES PROPOSED: None
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, one (1) deciduous tree contained within a tree grate within the sidewalk
adjacent to East State Street, one (1) conifer tree located adjacent to the southeast corner of the
building, and two (2) deciduous trees located in planter bed next to the northeast corner of the
building.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Prior to final approval the applicant is required to submit
construction plans to the ACHD Development Review Section to ensure compliance with
conditions and/or traffic impact fee assessment.
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Central District Health Department - Plans required to be reviewed and approved for a food
establishment, beverage establishment or grocery store and connection to central water and
sewer.
Chevron Pipeline - No conflict with pipeline
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 Department of Environmental Quality - No comment at this time
Idaho Transportation Department - No comment
S. LETTERS FROM THE PUBLIC: None received to date.
T. 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);
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 designates this site as Central Business District.
Central Business District
Suitable primarily for development that accommodates and encourages further
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expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related uses are
encouraged. The greatest possible concentration of retail sales and business is to
occur in this land use designation. Pedestrian friendly uses and developments are
encouraged. Land within this district requires a CBD zoning designation upon any
rezone.
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public and are
generally available to Eagle residents. The City and special districts provide the basic services of
water, sewer, school, police, fire and library to residents. With Eagle's growing population comes
the need for increased public services and the necessity to improve existing service delivery
systems.
Policies concerning the manner in which public utilities and services are expanded play an
important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in any
plans that will affect the community. Service providers currently include:
D. United Water, Eagle Water Company, and the City which provide water to Eagle
residents. Some private water systems and wells are also used.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-1-2 defines Bar as:
An establishment for which a license under Title 3, chapter 2, article A, B, and/or C of this
code is required and the principal business of which is the sale of alcoholic beverages to
be consumed on premises.
· Eagle City Code Section 8-2-3 states that a Bar requires a conditional use permit within the
CBD zoning district.
· Eagle City Code, Chapter 4 Off Street Parking and Loading
8-4-2 Application of Provisions
A. No building or structure shall be erected, substantially altered, or its use changed
unless permanently maintained off street parking and loading spaces have been
provided in accordance with the provisions of this title.
B. The provisions of this chapter, except where there is a change of use, shall not
apply to any existing building or structure. Where a new use involves no additions
or enlargements, there shall be provided as many such spaces as may be required
by this title.
C. Whenever a building, structure, or use, constructed or changed in use after the
effective date hereof, is changed or enlarged in floor area, number of employees,
number of dwelling units, seating capacity, or otherwise to create a need for an
increase in the number of existing parking spaces per this title, additional parking
spaces shall be provided so that the existing building, structure, or use, and
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proposed enlargement or change in use, shall then and thereafter comply with the
full parking requirements set forth herein.
D. If more than one use is located on the site, the number of off street parking spaces
shall be equal to the sum of the requirements prescribed for each use unless a
joint/collective parking facility is approved as provided for in section 8-4-4-3 of
this chapter.
. Eagle City Code Section 8-4-4-5 Parking in Lieu Payments:
Within the central business district, as defined by the city of Eagle comprehensive plan,
the required number of parking spaces may be met by a cash in lieu payment to the city
prior to issuance of a building/zoning permit or certificate of occupancy, whichever occurs
first. The fee shall be for the city to provide public off street parking in the vicinity of the
use, the maximum distance of which shall not exceed the maximum distance permitted by
this title. The fee shall be five thousand seven hundred dollars ($S,700.00) per space, or
such sum as may be adopted by resolution of the city council. In addition to the above fee
the owner shall be required to pay an annual per space maintenance fee as shall be
determined by resolution of the city council.
The city shall not provide more than twenty (20) spaces for any single use without the
specific approval of the city council. When considering in lieu payments the city may set
limitations on the number of spaces for which an in lieu fee may be tendered.
All in lieu funds received for reduction of parking spaces under this section shall be
placed into a special and separate parking improvement and acquisition account to be used
solely for the purchase and improvement of municipal parking lots and structures to be
located within the central business district, as defined by the city of Eagle comprehensive
plan, and may be for use by the general public.
. 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.
e. DISCUSSION:
· The applicant is requesting conditional use approval to operate a Bar (stand-alone without a
restaurant) within the Central Business District (CBD) zoning district. The applicant provided
a floor plan date stamped by the City on April 21,2010, which shows a 4,859-square-foot
facility consisting of a bar, proposed seating, seven (7) billiard tables, shuffleboard, storage
and bathrooms.
. The applicant has indicated within the application date stamped by the City on April 21, 2010,
that potable water is provided by a well. Eagle Water Company has a water service line
located in the alley adjacent to the northern property boundary. Central District Health
Department provided correspondence (date stamped by the City on May 25,2010), indicating
that the establishment should be connected to central water. The applicant should be required
to connect the Bar to central water service (Eagle Water Company) prior to issuance of a
certificate of occupancy for the building.
· The total number of required parking spaces for the proposed bar is twenty seven (27). Based
on the square footage of the seating area (excluding the storage areas), twenty-six (26) spaces
are required and based upon the square footage of the storage area, one (1) space is required.
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The applicant is proposing eighteen (18) parking spaces to be located on-site. Pursuant to
Eagle City Code the applicant will be required to provide an additional nine (9) parking
spaces. In accordance with Eagle City Code Section 8-4-4-5 the applicant should provide
either a joint parking agreement to achieve the required parking or provide a cash payment of
$51,300 ($S,700/space) in lieu of parking for an additional nine (9) parking spaces prior to
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 this
title (Eagle City Code Title 8) since a Bar may be permitted in the CBD (Central
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 Bar is permitted with the approval of a conditional use permit within the
CBD (Central Business District) zoning district and the Comprehensive Plan
designates this site as Central Business District;
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 proposed Bar will be located within an existing building (previously
utilized for retail) located in downtown Eagle and the applicant is not proposing
substantial changes to the exterior of the building;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the Bar is to be located within an existing building (previously utilized for retail)
that currently has compatible commercial uses adjacent to the site;
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 are able to provide adequately any such services as noted in the
documentation provided from said agencies and as required as a part of the
conditions of approval;
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 as part of the approval the applicant is conditioned to connect
the building to central water service;
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 activities associated with the proposed use will be contained indoors;
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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 since the Bar will
be located at an existing site and will utilize existing access points on East State
Street and the alley and ACHD has not issued any statement requiring said access
points to close; 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 June 7,
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).
D. Oral testimony neither in favor nor in opposition to this proposal was presented by one (1) person who
owns the site where Smoky Mountain Pizza is located. The person was concerned with the number of
pool tables located within the bar. They were also concerned with the lack of on-site parking and
informed the Commission that their site could not provide any additional parking for the proposed use.
COMMISSION DELIBERATION:
Upon closing the public hearing the Commission stated during deliberation that:
. The building should remain as it is today regarding the design.
. The shortage of required parking should be addressed through a joint parking agreement
to ensure that sufficient parking is provided.
· The Commission requested information regarding the noise ordinance and whether or not
the ordinance would address events (live music, pool tournaments, etc) occurring at the
Bar.
· The applicant should be required to connect the Bar to central water service.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aizpitarte and Villegas absent) to recommend approval of CU-02-
10 for a conditional use permit for a Bar (stand alone without a restaurant) for Bill McCarrel, 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 June 21,2010.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 10, 2010, at
which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
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B. Oral testimony in opposItion to this proposal was presented to the City Council by five (5)
individuals who indicated that a proposed bar downtown does not provide for a family friendly
environment which may impact the quality of life within the city, the use may impact the quaint
downtown, the allowance of a bar in downtown will perpetuate the allowance of more bars; bar
patrons may harm citizens in proximity to the establishment, the proposed use may affect the
quality of life within the community; and one (I) individual questioned whether or not the
applicant has experience in operating this type of business.
e. Oral testimony in favor of this proposal was presented to the City Council by three (3) individuals
who indicated that the proposed location is within walking distance of several neighborhoods; that
the Orville Jackson building should be open with some form of business located within it; citizens
may not have to drive to patronize the bar; and the business should be welcomed.
D. Oral testimony neither in favor nor opposed to this proposal was presented to the City Council by
two (2) individuals who indicated that the city should allow uses downtown that attract patrons to
utilize the businesses and encourage folks to live downtown. It was also indicated that downtown
revitalization may not occur unless the city reduces the parking and landscaping requirements by
providing parking waivers or by working with the urban renewal agency to provide downtown
parking. One (I) of the individuals also has questions regarding 1) whether or not hard liquor
would be served, 2) if there would be big screen TV's located in the bar, 3) would the interior
reflect the old building, and 4) would smoking be allowed?
COUNCIL DECISION:
The Council voted 4 to 0 to deny CU-02-10 for a conditional use permit for a Bar (stand alone
without a restaurant) for Bill McCarrel since the proposed use does not meet all of the required
findings for approval of a conditional use permit. A favorable decision may be provided if the
applicant proposed a restaurant that included a bar that was clearly incidental to the main
restaurant use.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on-site at 7:00 PM, on Monday, April 19, 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 April 21, 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 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 65, Idaho Code and Eagle City Code on May 12, 2010. The site was posted in accordance
with the Eagle City Code on May 28, 2010. Requests for agencies' reviews were transmitted on April
27, 201 0, in accordance with the requirements of the Eagle City Code.
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 July 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 July 7,2010. The site was posted in accordance with
the Eagle City Code on July 30,2010.
3. The Council 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:
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The proposed conditional use does not comply with the following findings (B, C, 0 and I);
B. The requested use as proposed is not in compliance with the parking and
landscaping requirements pursuant to Eagle City Code;
C. A stand-alone Bar within the downtown area may change the essential character
of the same area since there are no stand-alone bars within the City of Eagle;
D. The proposed use may be hazardous or disturbing to existing neighborhood uses
since the Bar is to be located within an existing building adjacent to a residential
area located to the north. In regard to future neighborhood uses the area to the
north has a CBD (Central Business District) zoning designation yet it is unknown
what may develop on the adjacent property;
I. The Orville Jackson building is considered a landmark of major importance and
was constructed approximately one hundred (100) years ago. By converting the
use to a stand-alone Bar the general public will not have access to the interior of
the building to appreciate the unique decor established in the past.
DATED this 24th day of August 2010.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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