Findings - PZ - 2013 - CU-06-13 - Cup For 2,000 Sq Ft Restaurant With Dirive-Thru/2.96 Acre/145 E Riverside Drive BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A )
RESTARUANT WITH DRIVE-THRU FOR )
EAGLE RIVER HOSPITALITY,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-13
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on September 16, 2013, 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:
Eagle River Hospitality, LLC, represented by The Land Group, Inc., is requesting
conditional use permit approval for a 2,000 sq.ft. restaurant with drive-thru. The 2.96-acre
site is generally located on the east side of South Eagle Road (SH-55) approximately 145-
feet south of the intersection of East Riverside Drive and South Eagle Road (SH-55), Lot
6, Block 4,Mixed Use Subdivision No. 2, at 145 East Riverside Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, July 22, 2013, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on July 25, 2013.
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 August 26, 2013. 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 August 23, 2013. The site was posted in accordance with the Eagle City Code on
September 4, 2013. Requests for agencies' reviews were transmitted on August 1, 2013,
in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone with a development
agreement(including a concept plan)for Eagle River Development(RZ-02-98).
On April 24, 2001, the Eagle City Council approved a preliminary plat for Eagle River
Development(PP-14-00).
On May 8, 2001 the Eagle City Council approved a final plat application for Mixed Use
Subdivision No. 1 (Eagle River Development) (FP-13-01).
On September 13, 2001, the Eagle City Council approved a design review application for
the common area landscaping within the Eagle River Development(DR-70-00).
On October 23, 2001, the Eagle City Council approved a combined preliminary plat and
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final plat for Mixed Use Subdivision No. 2 (Eagle River Development) (PP/FP-O1-01).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3-DA Vacant/Hotel
Proposed Commercial C-3-DA Commercial/Restaurant
North of site Commercial C-3-DA Commercial/Bank
South of site Boise River Boise River Boise River
East of site Commercial C-3-DA Commercial/Restaurant
West of site Commercial C-1 (across Eagle Rd) Commercial
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA, or DSDA.
EXISTING SITE CHARACTERISTICS: The site has an existing 98-room hotel, 102 parking
spaces, and a flat lawn area immediately north of the hotel adjacent to Eagle Road (site of the
proposed restaurant with drive-thru). The existing hotel and parking are located on the south and
eastern portion of the site. Drive aisle improvements and sidewalk improvements have been
completed adjacent to the site.
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.96 n/a
Percentage of Site Devoted to Building Coverage 23.12% 92% (maximum)
Percentage of Site Devoted to Landscaping 29.56% 10% (minimum)
Number of Parking Spaces 139* 128 (minimum)
Front Setback(east) 242' 0 (minimum)
Rear Setback(west) 60' 0(minimum)
Side Setback(north) 25' 0(minimum)
Side Setback(south) 217' 0 (minimum)
*The total number of parking spaces consists of The Hilton Garden Inn site with 102 existing parking
spaces, the proposed restaurant site plans to add 9 parking spaces, and there is an existing cross
parking agreement with the neighboring bank (Bank of the West) that has an excess of 28 parking
spaces. The required site design information is for the entire site, including the hotel.
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K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) building is proposed to be constructed for the operation of a restaurant with one
(1)drive-thru lane.
One(1) 1,340 square-foot entry patio located on the east side of the building.
Height and Number of Stories of Proposed Buildings:
A single-story building is proposed. City of Eagle Code allows a maximum 35-feet in
height.
Gross Floor Area of Proposed Buildings: 2,000 square-feet
On and Off-Site Circulation:
This site is located within the Mixed Use Subdivision No.2. Plat Note#16 provides that,
"Lot 5, 6, and 7, Block 4, shall provide reciprocal cross-access for vehicular and
pedestrian ingress and egress to the public right-of-ways as described in the declaration."
Patrons will enter the restaurant site from an existing site entrance driveway onto
Riverside Drive located within the northern property line. The drive through will be
accessed through a shared drive aisle located at the north elevation of the restaurant
proceeding south adjacent to the western elevation of the restaurant to the one drive
through service window located at the west elevation of the restaurant. Patrons exiting the
drive through service lane will travel east through the existing parking lot returning to the
site entrance driveway.
L. PUBLIC SERVICES AVAILABLE:
Potable Water: Eagle Water
Irrigation Water: Eagle River Commercial Owners Association
Sanitary Sewer: Eagle Sewer
Fire Protection: Eagle Fire Dept.
Schools: Meridian School District No.2
Roads: ACHD
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—Yes, 100 year
Mature Trees—no
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
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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
Central District Health
Department of Environmental Quality
Eagle Fire Department
Idaho Department of Lands
Idaho Transportation Department
Q. LETTERS FROM THE PUBLIC: None received.
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; and
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); and
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; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses; and
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; and
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; and
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; and
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:
• As identified on the Comprehensive Plan Land Use Map (adopted 02-03-11), this site is
designated as:
Commercial
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Suitable primarily for the development of a wide range of commercial activities including
offices, retail, and service establishments. Uses should complement uses within Downtown
Eagle.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-4-5 Schedule of Parking Requirements:
Restaurant with drive-thru 1 for each 200 square feet of gross floor area plus queue
space for 5 cars for drive up service
• Eagle City Code Section 8-7-3-5 Conditional Use Permit:
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. DEVELOPMENT AGREEMENT PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Per the development agreement recorded on January 25, 2000, a"Restaurant, with Drive-Thru
Service,"may only be allowed through the Conditional Use Permit process.
D. DISCUSSION:
• The proposed use, restaurant with drive-thru is an allowed use in a Commercial/C-3 zone.
The requirement for the applicant to submit a conditional use application is due to a stipulation
in the development agreement recorded on January 25, 2000 (Instrument #100011692) for
Eagle River, LLC.
• 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 the development
agreement for this site(Instrument Number: 100011692);
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;
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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 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 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
September 16, 2013, 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 the Planning and Zoning Commission by
no one(other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (1 vacant seat) to recommend approval of CU-06-13 for a conditional
use permit for a 2,000 sq.ft restaurant with drive-thru with the following staff recommended site
specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Restaurant with drive-thru 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.
3. 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]).
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).
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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.
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
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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.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess 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
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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.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code(one year from the Planning and
Zoning Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 6:00 PM, July 22, 2013, in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by the City of
Eagle on July 25, 2013.
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 August 26, 2013. 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 August 23, 2013. The site was posted in accordance
with the Eagle City Code on September 4, 2013. Requests for agencies' reviews were transmitted on
August 1, 2013, 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-
06-13) 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 restaurant with drive-thru may be permitted in the C-3 (Highway
Business District)zoning district if a conditional use permit is approved by the City Council;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there are
no inconsistencies with the Comprehensive Plan and since a restaurant with drive-thru is
permitted with the approval of a conditional use within the C-3 (Highway Business District)
zoning district and the Comprehensive Plan designates this site as Commercial;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area since the restaurant with drive-thru 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
restaurant with drive-thru 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 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 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 drive-thru lane will be
placed on the west side of the building with large landscape buffers along Eagle Road and
reduces any potential vehicle headlight glare on the public roads;
H. Will have vehicular approaches to the property which are designed as not to create an
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interference with traffic on surrounding public thoroughfares since the site will take access
from existing public roadways and cross-access agreements; 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. 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".
DATED this 7th day of October, 2013.
PLANN 1► - AND ZONING COMMISSION
OF -E CI OF EAG '. /
a C t my Idaho
David Aizpita e,Chair ,an ,•`4*4•OF E 4G.
P O R
C/O* '1�.•'
ATTEST:
* ..•... : *
.SE A L
,. v>�•S•kP1RA1 ••
••o $•
Sharon . Bergmann, Eagle City Cl rk ,,,,,ms00
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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