Findings - PZ - 2010 - CU-02-10 - Cu For A Bar W/Out Restaurant/.32 Acre/50 E. State Street
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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 Planning and Zoning
Commission for their recommendation on June 7, 2010. The Eagle Planning and Zoning Commission
having heard and taken oral and written testimony, and having duly considered the matter, makes the
following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT DESCRIPTION:
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 with in 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. APPLICA TION 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, 2010.
D. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on 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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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-l 1-10).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
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 (5 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 8010 (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 18-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
= 1,018-square feet
= 3,841-square feet
= 4,859-square feet
Combined Proposed Total for Entire Building
Total: 18 - on-site parking spaces
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 1 parking space per 150-square feet of gross floor
area for "Restaurants, dining rooms, taverns, nightclubs, etc." uses:
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Storage Area-1/1,000 square feet = 1 parking space
· Eagle City Code Section 8-4-5 requires 1 parking space per 1,000-square feet of gross
storage area for "Storage (enclosed building and/or fenced area)" uses:
Total:
= 27 parking spaces
M. PUBLIC SERVICES A V AILABLE:
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 comer of the
buDding, and two (2). deciduous trees located in planter bed next to the northeast comer of the
buDding.
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 (IF REQUIRED):
N at 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.
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
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Eagle Fire Department - No opposition to the application and requested a fuU set of
construction plans for review and approval prior to issuance of a buDding 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);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare ofthe 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
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
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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
proposed enlargement or change in use, shall then and thereafter comply with the
full parking requirements set forth herein.
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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 ($5,700.00) 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.
C. 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 requ ired.
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
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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 ($5,700/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. Wil1 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;
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
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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 DELmERATION:
Upon closing the public hearing the Commission indicated 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 following staff recommended site specific conditions of approval and standard conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A Bar (stand-alone without restaurant) is the only use 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 certificate of occupancy.
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3. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to the issuance of a building permit to construct tenant improvements (ECC 8-7-
2 (A)).
4. The applicant shall submit a design review application showing elevations ofthe 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 building permit
for this site (ECC 8-2A-17).
5. The applicant shall provide either a joint parking agreement or provide a cash payment
($5,700/space in accordance with Eagle City Code) in lieu of parking for an additional nine (9)
parking spaces prior to issuance of a zoning certificate (ECC 8-4-4-5).
6. The applicant shall be required to connect the bar to central water service (Eagle Water Company)
prior to issuance of a certificate of occupancy for the building.
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 Environmental Quality 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. Unless septic tanks are permitted, wet line sewers wil1 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.
5. 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 al1 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.
6. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
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7. 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.
8. 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.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
The applicant shaU pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. AU construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the foUowing comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gaUons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
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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.
13. 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.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
17 The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18 Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions ofthis 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.
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24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
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, 2010, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-02-10) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) since a 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
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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;
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.
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.
DA TED this 21 st day of June 2010.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada n, Idaho
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Don Roehling, Chairman
ATTEST:
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