Findings - PZ - 2012 - CU-01-12 - Approval For Bank With Drive Up Service/30,448 Sq Ft/768 E State Street BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A BANK FACILITY WITH DRIVE )
UP SERVICE FOR IDAHO CENTRAL )
CREDIT UNION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-01-12
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on June 4, 2012, at which time public testimony was taken and the public
hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Idaho Central Credit Union, represented by LCA Architects, P.A., is requesting
conditional use permit approval for a bank with drive up service. The 30,448-square foot
site is generally located on the northwest corner of East State Street and North Palmetto
Avenue (Lot 1,Block 1, Aquila Village Subdivision) at 768 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Tuesday May 1, 2012, and an
additional on-site meeting was held from 5:30 PM to 6:30 PM, Tuesday, May 30, 2012, in
compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on May 3, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on May 14, 2012. 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 10, 2012. The site was posted in accordance with the Eagle City Code on
May 23, 2012. Requests for agencies' reviews were transmitted on May 3, 2012, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On May 12, 1998, the City Council approved a lot split for the site (future Aquila Village
Subdivision) (LS-1-98).
On April 13, 1999, the City Council approved a design review application for two office
buildings located within the future Aquila Village Subdivision(DR- 7-99).
On August 22, 2000, the City Council approved a preliminary plat application for Aquila
Village Subdivision(PP-04-00).
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On December 19, 2000, the City Council approved the final plat for Aquila Village
Subdivision(FP-08-00).
E. COMPANION APPLICATIONS:
Design review application to construct a 3,396-square foot bank facility with three (3)
drive up service and ATM lanes for an Idaho Central Credit Union facility(DR-33-12).
Design review application to construct a monument sign and wall signage for the Idaho
Central Credit Union facility(DR-34-12).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business Vacant lot
District)
Proposed No Change No Change Bank facility with drive up
service
North of site Downtown CBD(Central Business Multi-tenant office building
District)
South of site Downtown CBD(Central Business Paint store/Office building
District)
East of site Downtown MU-P(Mixed Use—PUD) Veterinary Clinic/Eagle
Sewer District Building
West of site Downtown CBD (Central Business Medical office building
District)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the Community Entry Development Area (CEDA) overlay
district.
H. EXISTING SITE CHARACTERISTICS:
The parcel is currently vacant with drive aisle improvements (completed with the
development of Aquila Village Subdivision) located on the western portion of the parcel.
Landscaping and sidewalk improvements have been completed on the southern, eastern,
and a portion of the western boundaries (with the development of Aquila Village
Subdivision). The sidewalk has not been completed adjacent to the western property line
between the site access entrance driveway and the northern property line.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .70-acres(30,448-square 500-square feet(minimum)
feet)
Percentage of Site Devoted to Building 11.2% 20% (minimum)*
Coverage 85% (maximum)*
Percentage of Site Devoted to 23% 10% site, 8%parking
Landscaping (minimum)
Number of Parking Spaces 18 17
Front Setback(south elevation—E. State 55-feet 20-feet(minimum)*
Street)
Rear Setback(north elevation) 10-feet(measured from drive 0-feet(minimum)
through equipment base)
Side Setback(west elevation— 72-feet(measured from back 10-feet(minimum)*
ingress/egress access drive aisle) edge of sidewalk)
Side Setback(east elevation—N. Palmetto 28-feet 10-feet(minimum)*
Drive)
*Note:Lot coverage and setbacks when located within the CEDA overlay district.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) building is proposed to be constructed for the operation of a bank facility with
three(3)drive up service lanes.
Height and Number of Stories of Proposed Buildings:
A single-story building is proposed,measuring approximately 23-feet in height.
Gross Floor Area of Proposed Buildings: 3,396 square-feet
On and Off-Site Circulation:
Patrons will enter the bank site from an existing site entrance driveway which is connected
to an ingress and egress drive lane (Instrument No. 101038961) located within and
adjacent to the western property line. The drive up service will be accessed through a drive
aisle located at the south elevation of the bank proceeding around the eastern elevation of
the bank to the three (3) drive up service lanes located at the north elevation of the bank.
Patrons exiting the drive up service lanes will travel west returning to the site entrance
driveway.
K. 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 Sewer District, Eagle Fire Department and Ada
County Highway District for review and approval prior to the issuance of a building
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permit. Approval from Eagle Water Company will be required prior to the issuance of any
building permits for the site.
L. PUBLIC USES PROPOSED:None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes—located within the planter strips adjacent to North Palmetto Avenue
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District—Indicated that ACHD has no site specific conditions of approval
at this time due to the fact that all improvements exist abutting the site.
Central District Health Department—Indicated that they have no objections to the proposal.
Eagle Sewer District—Indicated that central sewer has been constructed to the site. The District
will allow connection after review and approval of the construction plans and assessment of sewer
capacity fee and monthly user charges.
Idaho Department of Environmental Quality — Referenced regulations regarding air quality,
wastewater and recycled water, drinking water, surface water, and hazardous waste and ground
water contamination.
Idaho Department of Lands—Indicated the proposed use will not impact State Trust Lands.
Idaho Transportation Department—Indicated that they have no objection to the project and will
not need a new access to a state highway.
Middleton Irrigation Association/Middleton Mill Ditch—Indicated that the project is not located
within their service area.
Republic Services—Indicated that they have concern that a trash enclosure is not located on the
site (applicant emailed a response and is attached with the Republic Storage response).
Q. LETTERS FROM THE PUBLIC:None received
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R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective 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 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 02-03-11)designates this site as:
Downtown
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 occur in this land use designation. Pedestrian
friendly uses and developments are encouraged. Land within this district is the only place to
utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed
Use,Residential, Commercial and Professional Office.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-3 Schedule of District Use Regulations:
Bank/Financial Institution with drive up service requires the approval of a conditional use
permit within the C-3 zoning district.
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
Banks/financial institutions 1 for each 200 square feet of gross floor area; plus queue for
4 cars per drive up window
• Eagle City Code Section 8-7-3-5 Conditional Use Permit:
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including,but not limited to,those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
F. Effect Of Issuance On Other Conditional Uses: A conditional use permit shall not be
considered as establishing a binding precedent to grant other conditional use permits.
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 Aquila Village
Subdivision (Lot 1, Block 1) commercial development. It may be considered that because
existing commercial uses surround this site, there will be little impact on the adjacent
properties and uses. The proposed drive up service lanes travel from west to east and then
north along the building; headlights from the vehicles using the drive up service lanes have the
potential to shine directly into westbound traffic travelling on East State Street (abutting the
southern boundary of this property) and southbound traffic on North Palmetto Avenue(eastern
boundary). Upon entering the actual drive up service area the glare from the vehicle headlights
will be shining into the. southeast corner of the commercial building located west of the
proposed drive up service lanes. The landscape plan provided by the applicant and date
stamped by the City on May 3, 2012, shows several shrubs and small pine trees that will be
planted adjacent to the southern and eastern property lines to mitigate the glare from vehicle
headlights that are accessing the drive up service lanes. The proposed landscaping would
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appear to provide adequate screening of the drive up service lanes adjacent to East State Street
and North Palmetto Avenue. However, there is still the potential of headlight glare on the
commercial building located west of the proposed drive up service lanes and it does not appear
that adequate screening is proposed in this area. The applicant should provide additional
landscaping in the area west of the drive up service lanes (northwest corner of the subject site)
to reduce the impact of the vehicles utilizing the drive up service lanes (i.e. vehicle headlights
and vehicle queuing) on the commercial building located west of the proposed site.
• 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 adjacent to North Palmetto
Avenue approximately 70-feet east of the proposed drive up lanes. There is also a public
sidewalk located adjacent to the western boundary of the site and approximately 120-feet from
the drive up lanes. The adjacent property to the north contains a building within 60-feet of the
proposed drive up lane. The applicant has provided an audio system sound specification sheet
date stamped by the City on May 15, 2012, showing the decibel levels (dB) with the
measurements at maximum values. These measurements are based on no vehicles being
present within the service lane area. The specification sheet also indicates that normal site
conditions require less than maximum levels of output. The specification sheet shows the
audio system at a maximum level of output to be 53 dBs at the building located north of the
site and also at the sidewalk located adjacent to North Palmetto Avenue. This would be
equivalent to a normal conversation at three feet(3').
• With regard to parking, the site may be considered"self-contained" in that it is designed to be
bounded on all three sides with landscaping, and the remaining side is a shopping center drive
aisle. Pursuant to Eagle City Code, banks/financial institutions are required to have one (1)
parking space for each 200-square feet of gross floor area; plus queue for four (4) cars per
drive up window. The applicant is proposing 18-parking spaces, based on the size of the
proposed facility 17-parking spaces are required.
• 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 bank/financial with drive up service 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 bank/financial institution with drive-up service is permitted with the
approval of a conditional use within the CBD (Central Business District) zoning
district and the Comprehensive Plan designates this site as Downtown;
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
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commercial development 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 limit outdoor communication systems that
are designed to mitigate noise projection onto adjacent property, and the drive up
service lanes will be placed on the north side of the building which buffers the
lanes from East State Street and North Palmetto Avenue and eliminates any
potential vehicle headlight glare on both public roads;
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 site will
take access from an internal private street; 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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 4,
2012, 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 the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Villegas absent) to recommend approval of CU-01-12 for a
conditional use permit for a bank facility with drive up service for Idaho Central Credit Union,
with the following staff recommended site specific conditions of approval and standard conditions
of approval with strike through text to be deleted by the Commission and underline text to be
added by the Commission:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use `Bank/Financial 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 certificate of occupancy(ECC 1-7-4 [A]).
3. The applicant shall provide additional landscaping in the area west of the drive up service lanes
(northwest corner of the subject site) to reduce the impact of the vehicles utilizing the drive up
service lanes (i.e. vehicle headlights and vehicle queuing) on the commercial building located west
of the proposed site(ECC 8-7-3-5[D][1]).
4. 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 building permit
for this site (ECC 8-2A-17).
5. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to commencing construction of a structure on the site(ECC 8-7-2[A]).
6. The applicant shall install m asures to minimize the decibel level of the outdoor intercom system
. - . !- .• . . • !- !a. . •
.
the issuance of a zoning certificate The applicant shall ensure that the decibel (dB) level of the
outdoor intercom system shall not exceed 55 dB at 50 feet. (ECC 8-7-3-5[D][1]).
7. A building permit for this proposal shall be obtained within one year, otherwise the conditional use
approval for a bank with drive up service shall be considered null and void(ECC 8-7-3-5[D][2]).
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to the City Engineer signing the final plat.
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,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage 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.
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11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust,trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Depai fluent 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
Depar lucent."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy,whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy,whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to issuance of a building permit or Certificate
of Occupancy,whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy,whichever occurs first.
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.
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20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code.
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 25, 2010.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 14, 2012. 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 10, 2012. The site was posted in accordance
with the Eagle City Code on May 23, 2012. Requests for agencies' reviews were transmitted on May
3, 2012, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU-
01-12) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional uses:
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 CBD (Central Business District) zoning district if a conditional
use permit is approved by the City Council;
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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 CBD (Central Business District) zoning
district and the Comprehensive Plan designates this site as Downtown;
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 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/fmancial 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 limit outdoor communication systems that
are designed to mitigate noise projection onto adjacent property, and the drive up
service lanes will be placed on the north side of the building which buffers the
lanes from East State Street and North Palmetto Avenue and eliminates any
potential vehicle headlight glare on both public roads;
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 site will
take access from an internal private street; and
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. Eagle City Code Section 8-7-3-5: C (2) (c) states that the Council shall specify, "The actions, if any,
that the applicant may take to obtain a permit".
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DATED this 18th day of June, 2012.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE e"0`ttg•!
Ada County,Idaho Q. L1; �•• 14,0k•�•+4��E ••
• • ,c•Victor Villegas, ChairmP : U: v Q
Cy
ATTEST: `*******n**e**
Sharon 1 :ergmann, Eag e City C rk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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