Findings - PZ - 2015 - CU-03-15 - Craft Beer Bar Located In Clock Tower Cntr/.92 Acre/1580 E. State Street BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A CRAFT BEER BAR FOR PATRICK WEBER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-15
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on June 1, 2015, 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:
Patrick Weber is requesting conditional use permit approval for a craft beer bar located within the
Clock Tower Center. The .92-acre site is generally located on the northeast corner of S. Edgewood
Lane and E. State Street at 1580 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Monday, April 20, 2015, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item was
received by the City of Eagle on April 23, 2015.
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 11, 2015. 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 6, 2015. The site was posted in
accordance with the Eagle City Code on May 20, 2015. Requests for agencies' reviews were
transmitted on May 4,2015, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 14, 2004, the City Council approved a design review application for a multi-tenant
retail building(DR-83-04).
On September 14, 2004, the City Council approved a master sign plan for a multi-tenant retail
building(DR-84-04).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Business Park C-2(General Business Multi-tenant retail building
District)
Proposed No Change No Change Bar
North of site Commercial C-2(General Business Vacant
District)
South of site Mixed Use BP(Business Park District) East State Street/Vacant
East of site Commercial C-2(General Business Multi-tenant office building
District)
West of site Downtown M-1 &MU(Light Industrial Precision Panel/multi-
District&Mixed Use tenant retail building
District)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Dunyon/State Development Area(DSDA)overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (1) existing 8,896-square foot single-story retail building. A paved parking
area(36-spaces)with landscaping is located adjacent to the building.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 40,273-square feet(0.92- 1,300-square feet(0.03-acres)
acres) (minimum)
Percentage of Site Devoted to Building 22% (approximately) 92% (maximum)
Coverage
Percentage of Site Devoted to 40% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 36-parking spaces 36-parking spaces(minimum)
Front Setback 19-feet(southwest) 0-feet
Rear Setback 0-feet(northeast) 0-feet
Side Setback 30-feet(southeast) 0-feet
Side Setback 80-feet(northwest) 0-feet
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing the use within a suite of the existing building.
Height and Number of Stories of Proposed Buildings: No new buildings proposed.
Gross Floor Area of Proposed Buildings: No new buildings proposed.
On and Off-Site Circulation:
The access for the retail building is located at the south property line approximately 172-feet east
of the intersection of South Edgewood Lane and East State Street. There is an emergency access to
the parking area located at the western property line approximately 140-feet north of the
intersection of South Edgewood Lane and East State Street.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Water Company, Eagle Sewer District, and the Eagle Fire
Department.
L. PARKING ANALYSIS:
Combined Total for Tenant Area(based on retail use)
Total: 6—on-site parking spaces(Existing)
Gross Floor Area of Proposed Bar:
Storage(uninhabitable area) =500-square feet
Bar area =935-square feet
Total = 1,435-square feet
Combined Required Total for Bar use.
Bar Area— 1/150 square feet 935/150 square feet =6 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor area
for"Restaurants,dining rooms,taverns, nightclubs,etc."uses:
Storage Area— 1/1,000 square feet 500/1,000 square feet= 1 parking space
• Eagle City Code Section 8-4-5 requires 1 parking space per 1,000-square feet of gross storage
area for"Storage(enclosed building and/or fenced area)"uses:
Total: =7 parking spaces(Six[6]existing,one[1]additional required)
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. 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 existing landscaped areas. All landscaped areas are to
remain.
Riparian Vegetation—no
Steep Slopes—no
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Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. 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
Tesoro Logistics NW Pipeline
R. LETTERS FROM THE PUBLIC: None received to date.
S. 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.
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•
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 February 7, 2011) designates this site as
Commercial.
Commercial
Suitable primarily for the development of a wide range of commercial activities including
offices, retail and service establishments. Uses should compliment uses within Downtown
Eagle.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code,Section 8-1-2 defines Bar as:
An establishment for which a license under Title 3, chapter 2, article A, B, and/or C of this
code is required and the principal business of which is the sale of alcoholic beverages to be
consumed on premises.
• Eagle City Code,Section 8-2-1 C-2 General Business District:
To permit the establishment of areas for commercial uses allowed in other commercial zones
and commercial uses which are more intensive than those permitted in other commercial
zones. Uses that complement rather than compete with the uses allowed within the CBD
zoning district shall be encouraged.
• Eagle City Code, Section 8-4-4-3(A)(7):Joint/Collective Parking Facilities:
The zoning administrator may permit a maximum reduction in the number of spaces to be
provided not exceeding twenty percent(20%) of the sum of the number of spaces required for
each use only if the provisions of this chapter have been met. The maximum allowable
reduction in the number of spaces to be provided shall not exceed twenty percent(20%)of the
sum of the number required for each use served unless a conditional use is approved by the
City Council.
• Eagle City Code, Section 8-4-5: Schedule of Parking Requirements:
Restaurants,dining rooms, 1 per 150 square feet of gross
taverns, floor area;plus 1 per 35 square
nightclubs,etc. feet dance floor
Storage(enclosed building 1 per 1,000 square feet of gross
and/or storage area
fenced area)
• 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;
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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.
C. DISCUSSION:
• The applicant is requesting conditional use permit approval to allow for a craft beer bar to be
located within one (1) of the suites located within the Eagle Clock Tower building at 1580
East State Street.
• The total number of required parking spaces for the Eagle Clock Tower building is thirty six
(36)based on the building being utilized for retail uses. The area being leased for the proposed
bar use is 1,435-square feet in size; six (6) spaces would be required based on a retail use.
Based on the square footage of the bar area (excluding the storage areas), six (6) spaces are
required and based upon the square footage of the storage area, one (1) space is required. The
proposed use bar/storage would require one (1) additional parking space. The applicant
indicated within the provided narrative, date stamped by the City on April 23, 2015, that the
busy time of the proposed bar business would be after 5:00pm at which time most of the other
businesses located within the building would be closed so an additional parking space should
not be needed. The uses located within the building are inclusive of a bank, chiropractor
office, and a martial arts studio. There is also two (2) vacant suites (not inclusive of the
proposed craft beer bar) located within the building. Since the existing building is located on
one (1) parcel which is in single ownership there is not a joint/collective parking agreement
associated with the site. Since it is unknown what future uses may located within the vacant
suites it is also unknown how many spaces will be required at this time. Pursuant to Eagle City
Code, Section 8-4-4-3(A)(7) a reduction of up to twenty percent (20%) of the number of
spaces may be granted by the administrator if the provisions of the chapter are met, however,
a reduction of parking of more than twenty percent(20%) may be granted if a conditional use
is approved by the City Council. Since the applicant is requesting conditional use permit
approval for a craft beer bar, which will only require one [1] additional space beyond that of a
retail business and the proposed craft beer bar peak business time will take place after the
other businesses in the building have closed for the day, the existing parking on the site for the
proposed use is supported by staff. The permitting of the parking reduction (less than twenty
percent[20%])will be articulated in the associated design review application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 1,
2015, 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 this proposal was presented to the Planning and Zoning Commission by no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• That since the other businesses located within the Eagle Clock Tower Center will be closed during the
peak business hours of the proposed craft beer bar the availability of parking should not be an issue.
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COMMISSION DECISION:
The Commission voted 3-0 (Wright and Villegas absent) to recommend approval of CU-03-15 for a craft
beer bar for Patrick Weber with the following staff recommended site specific conditions of approval and
standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A Craft Beer Bar 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 and legal 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 operating a bar within the building(ECC 8-7-2[A]).
4. If applicant proposes any changes to the exterior of the building, the applicant shall submit a design
review application showing elevations of the proposed changes. (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 hours of operation shall be as follows:
Monday—Thursday 11:00 am— 10:00 pm
Friday and Saturday 11:00 am— 12:00 am
6. The conditional use permit approval of the Craft Beer Bar is for Patrick R. Weber and is non-
transferable.
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.
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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.
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.
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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 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.
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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. A Neighborhood Meeting was held on-site at 6:00 PM, Monday, April 20, 2015, in compliance with
the application submittal requirement of Eagle City Code. The applications for this item was received
by the City of Eagle on April 23, 2015.
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 11, 2015. 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 6, 2015. The site was posted in accordance with
the Eagle City Code on May 20, 2015. Requests for agencies' reviews were transmitted on May 4,
2015,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-
03-15) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since a Bar may be permitted in the C-2 (General Business District) zoning district
with the approval of a conditional use permit;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) since there are no
inconsistencies with the Comprehensive Plan and since a Bar is permitted with the approval of a
conditional use permit with the C-2 (General Business District) zoning district and the
Comprehensive Plan designates the site as Commercial;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 since the proposed Bar will be located within an
existing building (previously utilized for retail) and the applicant is not proposing substantial
changes to the exterior of the building;and
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D. Will not be hazardous or disturbing to existing or future neighborhood uses since the Bar is to be
located within an existing building (previously utilized for retail) that currently has compatible
commercial uses located adjacent to the site and since the hours of operation are limited herein;
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 since the site is already developed and served by adequate infrastructure;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 since the applicant is not
proposing any new development on the site;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 since the existing building contains
commercial uses and traffic was previously anticipated for the site and the site is located adjacent
to a collector(East State Street)and since the hours of operation are limited herein; and
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the bar will be located at an existing site
and will utilize existing access points on East State Street and ACHD has issued a report
indicating they have no site specific conditions of approval for this application;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 the site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 15th day of June,2015.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
L �
Trent Wright,Chairman
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Sharon . Bergmann,Eagle City C erk J4 ‘"e•
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