Findings - CC - 2020 - CU-09-20 - Idaho First BankBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A BANK/FINANCIAL INSTITUITION WITH
DRIVE UP SERVICE AND A MINIMUM
LOT COVERAGE WAIVER FOR IDAHO
FIRST BANK
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-09-20
The above -entitled conditional use permit application came before the Eagle City Council for their action
on December 8, 2020, at which time public testimony was taken and the public hearing was closed. The
Eagle City 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 First Bank, represented by Greg Toolson with JGT Architecture, is requesting conditional
use permit approval for a bank with drive -up service and a lot coverage waiver request pursuant
to Idaho Code Section 67-6512(f). The .57-acre site is located at the northeast corner of East State
Street and North Stierman Way at 560 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Thursday, September 3, 2020, in
compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on September 10, 2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 8, 2020, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on October 15, 2020. Notice of this public
hearing was mailed to property owners within 500-feet of the subject property in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 13, 2020.
The site was posted in accordance with the Eagle City Code on October 22, 2020.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
November 20, 2020. Notice of this public hearing was mailed to property owners within 500-feet
of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on November 19, 2020. The site was posted in accordance with the Eagle
City Code on November 25, 2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 23, 2002, the Eagle City Council approved a conditional use permit for the addition of
the drive -up service land and automatic teller machine with associated drive -up lane (CU-3-02).
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On May 21, 2002, the Eagle City Council approved a design review sign application for a
monument sign for Pioneer Federal Credit Union (DR-1-02).
On November 26, 2002, the Eagle City Council approved a design review application for a
second drive -up service lane and automatic teller machine with associated drive -up lane for
Pioneer Federal Credit Union (DR-52-02).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G.
H.
Existing
Proposed
I North of site
South of site
1
East of site
West of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Downtown
No Change
Downtown
Downtown
Downtown
Downtown
CBD (Central Business
District)
No Change
CBD (Central Business
District)
CBD (Central Business
District)
CBD (Central Business
District)
CBD (Central Business
District)
DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the Community Entry Development Area (CEDA).
EXISTING SITE CHARACTERISTICS:
LAND USE
Vacant Building
Bank Facility with Drive -
Up Service
City of Eagle Public
Library
I
Commercial Building
(Retail/Restaurant) I
City of Eagle Parking Lot
Convenience Store with
Fuel Service
The parcel has an existing building that was originally used as a bank with two (2) drive -up
service lanes. The building was subsequently converted to an office use.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED I
Total Acreage of Site
Percentage of Site Devoted to Building
Coverage
.57-acres (24,829-square 500-square feet
feet)
12% (not inclusive of the 20% (minimum) and 85%
drive up canopy) (maximum)*
Percentage of Site Devoted to 26.9% 10% (minimum)
Landscaping
Number of Parking Spaces 16-spaces 15-spaces
Front Setback (State Street) 22-feet 20-feet (minimum)*
Rear Setback (Civic Lane) 60-feet (drive through 0-feet*
support)
Side Setback (east) 74-feet 10-feet (minimum)*
IStreet Side Setback (west) 20-feet 20-feet (minimum)*
* Note: Lot coverage and setbacks when located within the Community Entry Development Area (CEDA) overlay
district.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) building — Bank facility with two (2) covered drive -up service lanes.
Height and Number of Stories of Proposed Buildings:
One-story building with a 25-foot peak height.
Gross Floor Area of Proposed Buildings:
2,978-square feet plus covered drive -up service lanes.
On and Off -Site Circulation:
The property will have access to East Civic Lane and a shared ingress/egress easement located in
proximity to the southeast corner of the property. The existing access point to North Stierman
Way is proposed to be closed.
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 permit. Approval
from Eagle Water Company will be required prior to the issuance of a building permits for the
site.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
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: 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
Eagle Fire 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;
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
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING 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 November 15, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary
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. Residential only development should be discouraged. 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.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
Bank/Financial Institution with drive -up service requires the approval of a conditional use
permit within the CBD (Central Business District) zoning district.
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives and Considerations:
E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD
book.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section 8-2-4 of this chapter, the setback requirements
below shall control.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty
percent (20%) and a maximum of eighty five percent (85%) in which case off site
parking shall be provided for.
• 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
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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. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• §67-6512 SPECIAL USE PERMITS, CONDITIONS, AND PROCEDURES:
(f) In addition to other processes permitted b this chapter, exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a
zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be imposed
pursuant to a local ordinance drafted to implement subsection (d) of this section.
D. DISCUSSION:
• In regard to the review of an application with a drive -up service, consideration should be
given to surrounding properties and uses due to noise and headlight glare created by the
vehicles accessing the site. It may be considered that because commercial uses abut the site
in all directions this site will have little impact on the adjacent properties. The vehicles
utilizing the drive -up service lanes will be facing west. The commercial building located
across North Stierman Way to the west does not have any windows facing the street. Staff
will defer to the Planning and Zoning Commission, Design Review Board and City Council
to determine whether additional screening or other measures shall be required for the drive -up
service.
• The applicant is proposing to remove the existing 1,931-square foot bank facility (7.9% lot
coverage) from the site and construct a new 2,978-square foot bank facility (12% lot
coverage). The applicant is requesting a waiver of the 20% minimum lot coverage required
within the CEDA overlay district. Pursuant to Idaho Code Section 67-6512(0, exceptions or
waivers of standards, other than use, inclusive of the subject matter addressed by section 67-
6516, Idaho Code, in a zoning ordinance may be permitted through issuance of a special use
permit (conditional use permit). Since the use on the site was originally approved as a bank
with a drive -up service and the proposed new bank facility will increase the lot coverage from
7.9% (existing building) to 12%, staff recommends approval of the requested waiver.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if City Council approves the conditional use permit
application, then staff recommends the site specific 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
November 2, 2020, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by no one.
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COMMISSION DELIBERATION: (Granicus Time 00:12:49)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They support a new bank with drive -up service being constructed at the new location.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-09-20 for a bank/financial institution with
drive -up service and a waiver (pursuant to Idaho Code §67-6512[f]) of the minimum lot coverage for
Idaho First Bank, with the site specific conditions of approval and standard conditions of approval
provided within their findings of fact and conclusions of law document, dated November 16, 2020.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 8, 2020, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-09-20 for a bank/financial institution with drive -up service and a
waiver (pursuant to Idaho Code §67-6512[f]) of the minimum lot coverage for Idaho First Bank, with the
following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use "Bank/Financial Institution with drive -up service" is approved with this conditional use
permit.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City, whichever occurs first.
3. 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 and City Council prior to the issuance of a zoning
certificate for construction of the building.
4. 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.
5. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and
its effects on adjacent properties (sound not to be audible at more than one -hundred feet from source).
Details shall be submitted for review and approval by the Design Review Board prior to the issuance
of a zoning certificate.
6. 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.
7. The proposed 2,978-square foot building shall be permitted with a minimum lot coverage of 12-
percent.
8. Durina the demolition of the existing building and construction of the new bank/financial institution
the applicant shall ensure that public access to the Citv's recycle bins is not obstructed.
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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 Health & Welfare 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 and 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, 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
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Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
The applicant shall pay applicable street light inspection fees prior to issuance of any 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 be 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.
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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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-09-
20) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional uses:
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A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 since a
bank/financial institution with drive -up service and waiver of the minimum lot coverage
(pursuant to Idaho Code Section 67-6512[f]) may be permitted within the CBD (Central Business
District) zoning district with the approval of a conditional use permit;
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 there is currently a bank/financial
institution with drive -up service located on site and the design of the proposed structure must
meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
bank/financial institution with drive -up service will be located within a commercial development
that currently has compatible commercial uses within the development and located in proximity
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 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 Stierman Way 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 internal
private streets; 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.
2. 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.
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DATED this 17th day of December, 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, I
Jason Pierce, Mayor
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