Findings - CC - 2016 - CU-04-16 - Add An Accessory Use Bar/Eagle Art Gallery/Permit Beer&Wine By Glass/50N2ndBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
THE ADDITION OF AN ACCESSORY USE
(BAR) TO THE EAGLE ART GALLERY FOR
STEPHEN DOUGLAS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -04-16
The above -entitled conditional use permit application came before the Eagle City Council for their action
on June 14, 2016, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council 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:
Stephen Douglas, represented by Walter Lindgren with Lindgren Labrie Architecture, PLLC, is
requesting conditional use permit approval to add an accessory use (bar) to the Eagle Art Gallery
to permit sales of wine and beer by the glass. The 0.08 -acre site is located on the east side of North
2nd Street approximately 110 -feet north of the intersection of North 2nd Street and East State Street
at 50 North 2nd Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, on Tuesday, June 30, 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 March 17, 2016.
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 April 11, 2016. 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 April 6, 2016. The site was posted in
accordance with the Eagle City Code on April 21, 2016. Requests for agencies' reviews were
transmitted on March 28, 2016, in accordance with the requirements of the Eagle City Code.
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
May 30, 2016. 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 25, 2016. The site was posted in accordance with the
Eagle City Code on June 2, 2016.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a design review application for a multi -
tenant office building (DR -72-00).
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On May 11, 2004, the Eagle City Council approved a design review sign application for the master
sign plan for Old Towne Square (DR -29-04).
On May 9, 2008, City Staff approved a staff level design review modification application to
replace existing grid style windows, to add two windows to the east building elevation and to
repaint the existing building for a multi -tenant retail building (DR -72-00 MOD).
On January 14, 2015, City staff approved a staff level design review sign application for a wall
sign for the Eagle Art Gallery (DR -74-14).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Downtown Development Area (DDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (1) single -story multi -tenant building (Wishing Well Botanicals and Eagle
Art Gallery).
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Downtown
CBD (Central Business
Multi -tenant retail building
District)
(A portion of which
contains the Eagle Art
Gallery)
Proposed
No Change
No Change
Bar (Accessory Use)
North of site
Downtown
CBD (Central Business
Eagle Chamber of
District)
Commerce
South of site
Downtown
CBD (Central Business
Retail (Again Consignment
District)
Clothing Boutique)
East of site
Downtown
CBD (Central Business
Parking Lot
District)
West of site
Downtown
CBD (Central Business
Restaurant (Subway)
District)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Downtown Development Area (DDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (1) single -story multi -tenant building (Wishing Well Botanicals and Eagle
Art Gallery).
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I. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
.08 -acres (3,615 -square feet)
500 -square feet (minimum)
Percentage of Site Devoted to Building
45% (approximately)
40% (maximum)*
Coverage
95% (maximum)*
Percentage of Site Devoted to
5% (approximately)
5% (minimum) (As
Landscaping
previously approved with
DR -72-00)
Number of Parking Spaces
Four (4)
Three (3) (Based on the uses
located within the multi -
tenant building)
Front Setback (West)
0 -feet
0 -feet (minimum)*
0 -feet (maximum)*
Rear Setback (East)
0 -feet
0 -feet (maximum)*
Side Setback (North)
30 -feet
0 -feet (maximum)*
Side Setback (South)
80 -feet
0 -feet (maximum)*
*Note: Minimum and maximum lot coverage and setbacks required when located within the DDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings:
One (1) existing mulit-tenant building used for retail and an art gallery/studio.
Height and Number of Stories of Existing Buildings:
The existing multi -tenant building is approximately 18 -feet high, one story.
Gross Floor Area of Existing Buildings:
The gross floor area of the Eagle Art Gallery is approximately 900 -square feet. The gross floor
area of Wishing Well Botanicals is approximately 700-sqaure feet.
On and Off -Site Circulation:
The access for the multi -tenant building is located at the west property line approximately 110 -feet
north of the intersection of North 2nd Street and East State Street at 50 North 2' Street.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Water Company, Eagle Sewer District, and Eagle Fire Department.
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 — yes — mature trees located within the tree grates adjacent to the western property
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek— no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC: None received to date.
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;
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G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
I XMIXI 11-Mm1['sIlyW4T0)Z61T.W
• The site is designated as Downtown on the Comprehensive Plan Land Use Map.
Chapter 6 — Land Use
6.3.12 Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core business area of the community. A variety of business, public,
quasi -public, cultural, residential and other related uses are encouraged. The Pedestrian
friendly uses and developments are encouraged. Land within this district is the only place to
utilize 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 8-1-2 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.
0 Eagle City Code, Section 8-2-1 CBD Central Business District:
To accommodate and encourage further expansion and renewal in the historical core business
area of the community. A variety of business, public, quasi -public, cultural, residential and
other related uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this district. Pedestrian friendly uses and developments are encouraged.
• Eagle City Code, Section 8-2-3 states in part that a Bar located within the CBD (Central
Business District) zoning district requires the approval of a conditional use permit.
• Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use:
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);
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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.
• 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.
E. Transfer of Permit: A conditional use permit is not transferable from one parcel of land to
another. Conditional use permits are an entitlement to the specific property on which the
approval was granted and upon any transfer of title for the property the conditional use
permit transfers to the new owner(s) without further application or approval, provided,
however, the new owner(s) shall be bound by the same conditions of approval applicable
to the conditional use permit that was transferred. The new owner(s) shall provide written
acknowledgement to the city accepting the terms of the transferred conditional use permit
within sixty (60) days of purchase and receipt by the new owners of actual notice of the
existence of the conditional use permit for the parcel, whichever event occurs later;
otherwise, the permit may be declared void after notice and public hearing before the city
council.
D. DISCUSSION:
The applicant is requesting conditional use permit approval to allow for an accessory use (bar)
to the Eagle Art Gallery to permit the sales of wine and beer by the glass. The applicant
indicated within their narrative, date stamped by the City on March 17, 2016, that the art
gallery/studio currently offers regular wine tastings on Saturdays, but state licensing
requirements limit these activities to one (1) ounce tastings and wine (bottle) sales, and cannot
sell individual glasses for consumption on-site. With the request of this conditional use permit,
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the art gallery/studio is seeking to expand these tastings to allow patrons to purchase wine
and/or beer by the glass and enjoy on-site while observing the art and partaking in classes. The
conditional use permit approval of the accessory use (bar) to the Eagle Art Gallery should be
the only use approved with this conditional use permit and remain valid in the event that,
either the ownership of the gallery/studio changes, or if there is a change of use within the
space similar in nature to the existing gallery/studio. However, pursuant to Eagle City Code
Section 8-7-3-5(F), any new owner(s) should be bound by the same conditions of approval
applicable to the conditional use permit that was transferred. In the event of transfer of
ownership, the new owner(s) should provide written acknowledgment to the City accepting the
terms of the transferred conditional use permit within sixty (60) days of purchase and receipt
by the new owners of actual notice of the existence of the conditional use permit for the parcel,
whichever event occurs later; otherwise, the permit may be declared void after notice and
public hearing before the city council.
The applicant indicated within their narrative that the tastings will be enjoyed on-site, which
shall encompass both inside and outdoor areas. The applicant should only be allowed to have
tastings outside if there is art displayed, since the bar is an accessory use to the art gallery. If
the applicant proposes any changes to the exterior of the building, the applicant should submit
a design review application showing elevations of the proposed changes (ECC 8-2A-6). The
design review application shall be reviewed and approved prior to the issuance of a building
permit or zoning certificate for this site (ECC 8-2A-17).
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) since a Bar may be permitted in the CBD (Central Business District)
zoning district 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 Bar is
permitted with the approval of a conditional use permit within the CBD (Central Business
District) zoning district and the Comprehensive Plan designates the site as Downtown;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the proposed Bar will be
located within an existing building (an accessory to the art gallery/studio) and the
applicant is not proposing substantial changes to the exterior of the building;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the Bar
is to be located within an existing building (an accessory to the art gallery/studio) that
currently has compatible commercial uses located adjacent to the site;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services since the site is already developed and served
by Eagle Water Company, Eagle Sewer District, and Eagle Fire Department;
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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;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors since activities
associated with the proposed use will be contained indoors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares since the bar will be located
at an existing site and will utilize existing access points on North 2nd Street and Ada
County Highway District has not issued any statement requiring said access points to
close; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site specific
conditions of approval and 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 May 16,
2016, 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 DELIBERATION: (Granicus time 37:45)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed use is a reasonable request based on the use being accessory to the art gallery.
• No one was present to testify against the proposed accessory use (Bar).
• The explanation regarding the proposed hours was reasonable based on the art gallery remaining open
for special events.
• The proposed use will be an enhancement to the art gallery.
COMMISSION DECISION:
The Commission voted 3 to 0 (Koellisch and Wright absent) to recommend approval of CU -02-16 for a
conditional use permit for the addition of an accessory use (Bar) to the Eagle Art Gallery for Stephen
Douglas with the site specific conditions of approval and standard conditions of approval provided within
their findings of fact and conclusions of law document, dated June 6, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 14, 2016, 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.
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C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -04-16 for a conditional use permit for the addition of an accessory
use (Bar) to the Eagle Art Gallery for Stephen Douglas, with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A bar (an accessory use to the Eagle Art Gallery) 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 zoning certificate or upon receipt of an invoice by the
City, whichever occurs first.
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. The conditional use permit approval of the accessory use (bar) to the Eagle Art Gallery shall remain
valid in the event that, either the ownership of the gallery/studio changes, or if there is a change of use
within the space similar in nature to the existing gallery/studio.
5. If in the event there is a new owner of the property, the new owner(s) shall be bound by the same
conditions of approval applicable to the conditional use permit that was transferred. The new owner(s)
shall provide written acknowledgment to the City accepting the terms of the transferred conditional use
permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the
existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the
permit may be declared void after notice and public hearing before the city council.
6. Outdoor consumption of alcohol may be permitted as part of an outdoor art display event only.
7. If the 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). The design
review application shall be reviewed and approved, prior to the issuance of a building permit or zoning
certificate for this site (ECC 8-2A-17).
8. The hours of operation shall be as follows:
Monday — Wednesday 4:00 pm — 7:00 pm
Thursday - Friday 4:00 pm — 11:00 pm
Saturday 11:00 am — 11:00 pm
Sunday 11:00 am — 5:00 pm
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.
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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 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
Occupancy, whichever occurs first.
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.
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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 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 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.
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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 -04-
16) 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 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 Bar is permitted with the approval of a
conditional use permit within the CBD (Central Business District) zoning district and the
Comprehensive Plan designates the site as Downtown;
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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 accessory use (Bar) (an
accessory to the art gallery/studio) will be located within an existing building and patio area (as
conditioned herein) and the applicant is not proposing substantial changes to the exterior of the
building;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the accessory use
(Bar) (an accessory to the art gallery/studio) is to be located within an existing building and patio
area (as conditioned herein) that currently has compatible commercial uses located adjacent to the
site;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services since the site is already developed and served by Eagle Water Company, Eagle
Sewer District, and Eagle Fire Department;
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 of the site which would require additional 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 activities associated with the
proposed use will be contained indoors and the patio area as conditioned herein;
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 accessory use (Bar) will be located at an
existing site and will utilize existing access points on North 2nd Street and Ada County Highway
District has not issued any statement requiring said access points to close; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the 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.
DATED this 28h day of June, 2016.
UC&At�'A�
--SharoA. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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