Findings - PZ - 2019 - CU-08-18 - Cup For An Indoor Commercial Entertainment FacilityBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT
FOR AN INDOOR COMMERCIAL
ENTERTAINMENT FACILITY AND
WAIVERS PURSUANT TO THE IDAHO
CODE 67-6512(0 FOR ROBERT J. MALIN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -08-18
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on February 19, 2019, 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:
Robert J. Malin is requesting conditional use permit approval for an indoor commercial
entertainment facility (video golf) and waivers pursuant to Idaho Code 67-6512(0. The 0.30 -acre
site is located on the north side of East State Street approximately 585 -feet west of the intersection
of North Parkinson Street and East State Street at 2250 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site on Monday, 6:00 PM, October 29, 2018, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item was
received by the City of Eagle on December 11, 2018.
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 January 18, 2019. 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 January 15, 2019. The site was posted in
accordance with the Eagle City Code on January 24, 2019. Requests for agencies' reviews were
transmitted on December 14, 2018, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 1, 1993, the City Council approved a design review application for a golf sales and club
repair business and building wall sign for Golf Magic (DR -06-93).
E. COMPANION APPLICATIONS: DR -06-93 MOD (building addition)
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
LAND USE
Existing Mixed Use MU (Mixed Use) Commercial Business (Golf
Your Way)
Proposed No Change No Change Commercial Business (Golf
Your Way) & Indoor
Commercial Entertainment
Facility (video golf)
North of site Compact R-4 (Residential) Single -Family Residential
South of site Mixed Use BP (Business Park) Single -Family Residential
East of site Mixed Use MU (Mixed Use) Single -Family Residential
West of site Mixed Use MU (Mixed Use) Single -Family Residential
G. DESIGN REVIEW OVERLAY DISTRICT:
Located within the DSDA (Dunyon/State Development area).
H. EXISTING SITE CHARACTERISTICS:
The site consists of one (1) existing 864 -square foot metal building. The site also contains an asphalt
parking area with 9 parking spaces at the front (south) of the building with a 24 -foot wide access
point from East State Street. The street right-of-way is located approximately 28 -feet from the front
of the building. Approximately 28 -feet of the parking area and the access point from East State
Street are located within the right-of-way. An outdoor putting green/outdoor club demo area is
located on the west side of the existing building. An open area to the rear (north) of the building on
the property consists of approximately 8,555 -square feet. A chain link fence runs adjacent to the
eastern and western property lines, the fence adjacent to the western property line has slats within
the chain link.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.30 acres (13,068 -sq. ft.) 5,000 -sq. ft. (minimum)
Percentage of Site Devoted to Building 50% 50% (maximum)
Coverage
Percentage of Site Devoted to 12% 10% (minimum)
Landscaping
Number of Parking Spaces 9 -parking spaces 8 -parking spaces
Front Setback (south) 20 -feet 20 -feet (minimum)
Rear Setback (north) 20 -feet 20 -feet (minimum)
Interior Side Setback (east) 7.5 -feet 7.5 -feet (minimum)
Street Side Setback (west) 7.5 -feet 7.5 -feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site consists of one (1) existing commercial metal building (18 -feet high) used to provide
custom golf club services and retail sales of golf clubs and merchandise. A 2,300 -square foot
building addition that includes a virtual indoor driving range for entertainment is proposed.
Height and Number of Stories of Proposed Buildings: approximately 24 -feet high, one-story
Gross Floor Area of Proposed Buildings: 3,164-sqiare feet
Existing building (retail) = 864 -square feet
Proposed building addition (entertainment) = 2,300 -square -feet
Total = 3,164 -square -feet
On and Off -Site Circulation:
A 1,597 -square foot (approximately) paved parking area is located on the south side of the existing
building for vehicles using this site. A 24 -foot wide entrance drive from East State Street is located
on the south side of the parking lot.
Site Lighting:
An existing non -shielded light is shown on the south elevation of the existing building. The light
has been removed from the new, proposed elevations.
K. PARKING ANALYSIS:
Gross Floor Area: 3,164 -square feet: 864 -square feet retail/2,300-square feet entertainment
Retails sales — 1 per 250 -square feet of gross floor area
Auditoriums, sports arenas, theaters, and similar uses — 1 for each 3 seats
Number of entertainment stations: four (4), (one (1) person per station maximum capacity)
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• Eagle City Code Section 8-4-5 requires 1 parking space per 250 -sq. ft. for "Retail sales" uses.
• Eagle City Code Section 8-4-5 requires 1 parking space for each 3 seats for "Auditoriums,
sports arenas, theaters and similar" uses.
Total parking spaces required: eight (8)
Total parking spaces existing: nine (9)
L. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Sewer District, Suez Water, Eagle Police Department, and Eagle Fire
Department.
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 — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek— no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Q.
Andeavor (Tesoro Logistics NW Pipeline)
Eagle Fire Department
Eagle Sewer District
Eagle Park, Pathway and Recreation
Idaho Transportation Department
Division of Environmental Quality
Ada County Highway District
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
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objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determin
ed on a site by site basis. Uses should complement and not take away from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD and
/or development agreement process. See the planning area text for a complete description of site
specific uses.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules And Definitions:
Defines Commercial Entertainment Facilities as: An establishment which is generally related
to the entertainment field, the principal business of which is not the sale of alcoholic beverages.
Defines Retail Sales as A. General: The retail sale of merchandise not specifically listed under
another use classification. This classification includes department stores, clothing stores, video
stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials,
handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records,
sporting goods, kitchen utensils, hardware, appliances, art antiques, art supplies, and services,
paint and wallpaper, carpeting and floor coverings, office supplies, bicycles, and new
automotive parts and accessories (excluding services and installation).
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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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. 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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-
08-18) 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 Eagle City Code Section 8-2-3 for the
zoning district involved since an indoor commercial entertainment facility may be permitted within
the MU (Mixed Use) 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), (as shown within
the findings provided within this document), since there are no inconsistencies with the
Comprehensive Plan and since the proposed indoor commercial entertainment facility use will be
located within a MU (Mixed Use) and the proposed building with addition will be architecturally
compatible with the surrounding properties and structures within the area, and since the
development will be required to meet conditions of a design review application;
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 development will not only be required to
meet the City's design review requirements, but will also be required to the meet the requirements
noted herein;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the site is
bordered to the west and east by residential homes within the mixed use zoning district and bordered
to the south and north by a roadway;
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• Eagle City Code, Section 8-2-3 states, in part, that an Indoor Commercial Entertainment
Facility located within a MU (Mixed Use) zoning district requires the approval of a conditional
use permit.
• Eagle City Code Section 8-2A-1: Design Review Overlay District: General Applicability:
This article applies to all proposed development located within the Design Review Overlay
District which shall include the entire City limits, and any land annexed into the City after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi -family residential projects, signs, common areas,
subdivision signage, proposed conversions, proposed changes in land use and/or building use,
exterior remodeling or repainting with a color different than what is existing, exterior
restoration, and enlargement or expansion of existing buildings, signs or sites, and requires
the submittal of a design review application pursuant to this article and fee as prescribed from
time to time by the City Council.
• Eagle City Code Section 8 -2A -6(A)(5)
Utilities: Utility service systems shall not detract from building or site design. Cable,
electrical, and telephone service systems shall be installed underground.
• Eagle City Code Section 8 -2A -6(F) Dunyon/State Development Area: DSDA shown on
exhibit A-1 within the EASD book.
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks And Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be
fifteen feet (15') minimum.
b. Side Setbacks: Side building setbacks shall be five feet (5') minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the City
encourages joint efforts between adjoining property owners. Suggested amenities include:
public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable
planters, outdoor dining, plaza, streetscape extension and bike racks.
d. Site And Landscape Design: At the discretion of the design review board the following
may be considered when the board finds that the site has been designed in harmony with
the design guidelines, objectives and considerations noted within subsection A of this
section:
(1) Interior and perimeter parking lot landscape area dimensions may be reduced.
(2) The minimum required landscaping between the building and the property line may be
reduced when the design review board finds that the building's design style and
architecture serves as an appropriate buffer to the adjacent property.
• Eagle City Code Section 8-2A-6(B)(3)(e): Fences
e. Dog ear cedar, fir, chainlink, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
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• Eagle City Code Section 8-2A-7 (L): Landscape Commercial Strips
1. Landscaped strips shall be provided between all building development and public rights of
way to lend continuity among different architectural styles, screen unsightly views, establish
a pleasing view for motorist, and create a safe and pleasant corridor for pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade tree
and ten (10) shrubs for every thirty-five feet (35') of street frontage. Two (2) ornamental or
two (2) evergreen trees may be substituted for one shade tree.
• Eagle City Code, Section 8-2A-7 (M): Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Sidewalks shall be required when space
permits. An eight -foot (8') wide minimum parkway planter strip planted with shade class
(class II) trees shall be required between the sidewalk and street to provide a canopy effect
over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty-five
(35) linear feet of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-4-3: Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt
surfaces shall not be permitted.
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Auditoriums, sports arenas, 1 for each 3 seats
theaters and similar uses
Retail sales not
listed under
another
use classification
1 per 250 square feet of gross floor area; in the DDA and
TDA 1 per 500 square feet of gross floor area shall be
required for any such use and on street parking shall be
included in the minimum requirement
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• Eagle City Code Section 8-2A-7 (K)(4)(a)
4. Parking Lot Interior Landscaping:
a. Calculated Amount: Interior parking lot landscaping shall be required on any parking lot
with ten (10) spaces and above. The required amount of landscaping is based on a sliding
scale, as follows:
Percent Of Total Area Of
Total Number A Lot That Must Be An
Of Spaces Interior Landscaped Area
10 - 20 5 percent
21 - 50 8 percent
51+ 10 percent
• 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);
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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• Eagle City Code Section 8-7-3-5(D)
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.
• Eagle City Code Section 8-4-4-2: ADDITIONAL DESIGN AND MAINTENANCE
REGULATIONS AND REQUIREMENTS:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light
away from the adjoining property.
3. Except as noted in subsection A4 of this section, all site and building lighting shall be
recessed or shielded to direct all light downward and the source of the light (including the
lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by a
person of average height standing on the property line of any public right of way, or any
private street, or on the property line of any residentially zoned parcel of land or parcel of
land used for residential purposes.
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.
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D. DISCUSSION:
• Chain Zink fencing is located along each side property line (east and west). Pursuant to Eagle
City Code Section 8-2A-6(B)(3)(e), chain Zink fencing is prohibited within the design review
overlay district. As part of the conditional use permit, the applicant is requesting a waiver to
permit the chain link fence to remain along the east and west property lines. The images below
show the existing chain link fencing adjacent to the east and west property lines.
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East property line
West property line
• Pursuant to Eagle City Code Section 8-2A-6(F)(2)(c) within the DSDA (Dunyon/State
Development Area), pedestrian amenities are encouraged within the front and rear setback
areas. Golf Your Way has proposed to keep the existing concrete patio with an existing putting
green and plaza area located on the west side of the building and north of the existing parking
area. The applicant is proposing a new bike rack and outdoor table to complete the plaza area.
The image below shows the putting green and plaza area west of the existing building.
• Curb, gutter, and sidewalk is not currently present along East State Street (south of the site) or
East Dunyon Street (north of the site). Eagle City Code Section 9-4-1-3 "Curbs and Gutters"
and Section 9-4-1-6 "Pedestrian/Bicycle Pathway and Sidewalk Regulations", requires the
installation of curb, gutter and sidewalk along East State Street and East Dunyon Street. As
part of this conditional use permit, the applicant is requesting a waiver of this requirement. The
City received correspondence from Ada County Highway District, date stamped by the City on
January 23, 2019, which contains the following:
1. Lnprove State Street as' of a 36 -foot commercial street section with vertical curb, gutter
and 5 -foot wide concrete sidewalk.
2.
Construct a 24 -foot wide curb cut type driveway in the existing driveway location on State
Street.
3. Improve Dunyon Street as I of a 36 -foot commercial street section complete with vertical
curb, gutter and 5 -foot wide concrete sidewalk.
4. Construct the existing driveway on Dunyon Street at the eastern property line as a 24 to
30 -foot wide curb cut type driveway paved a minimum of 30 -feet into the site from the
edge of pavement on Dunyon Street.
5. Close all unused driveways on Dunyon Street with vertical curb, gutter and sidewalk.
Construct all utilized driveways as a curb cut type driveways a maximum of 40 -feet wide,
paved a minimum of 30 -feet into the site from the edge of pavement on Dunyon Street.
6. A Traffic Impact Fee will be assessed by ACHD and will be due prior to issuance of a
building permit. Please contact the ACHD planner for information regarding impact fees.
Previously, ACHD granted waivers for the installation of curb, gutter and sidewalk for other
properties in the area (2225 E. Dunyon Street and 2128 E. State Street).
The applicant will be requesting ACHD Commission review and removal of the above
requirements at their March 6, 2019, meeting.
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• Pursuant to Eagle City Code Section 8-2A-6(F)(d)(1-2), at the discretion of the Design Review
Board and City Council, interior parking lot landscaping and perimeter landscaping between
the building and the property line within the DSDA (Dunyon/State Development Area) may be
reduced. The applicant is requesting elimination of the required 5% parking lot interior
landscaping and the elimination of the minimum l0 -foot wide perimeter landscape strip. The
applicant is proposing a new tree at the southwest corner of the parking lot and two (2) new
trees at each side (east and west) of the existing building. The applicant is also proposing new
drainage swales on each side (east and west) of the proposed building addition, which includes
a landscaped area identified as "zeroscape" on the proposed landscape plan. The image below
is the proposed south elevation showing the proposed landscape at the sides of the proposed
addition.
• Eagle City Code Section 8-4-3 "Design and Maintenance", states that all parking and loading
areas shall provide for proper drainage of surface water to be retained on site. As part of this
conditional use permit. the applicant is requesting a waiver of this requirement. The applicant
is proposing to keep the current drainage system in place, draining from the existing parking
lot area off the southeast corner of the lot into the undeveloped right-of-way. East State Street
is improved with 40 -feet of pavement within the right-of-way with no curb, gutter, or sidewalk
abutting the site. The image below shows this area east of the entrance into the site.
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• Eagle City Code Section 8-4-3 requires all parking and loading spaces, together with
driveways, aisles and other circulation areas to be improved with material such as asphalt or
concrete, to provide a durable and dust free surface. Gravel or dirt surfaces are not permitted.
East Dunyon Street has been improved with 26 -feet of pavement within the right-of-way with
no curb, gutter or sidewalk abutting the site. The applicant is not proposing to use this area as
an entry point into the site for parking. As art of this conditional use permit, the applicant is
requesting a waiver of the requirement to pave this area. If the waiver is approved, staff
recommends the applicant provide a revised site plan showing the use of bollards, curbing, or
other city -approved barrier method along the Dunyon Street frontage. The image below is
looking south at the gravel area on site from East Dunyon Street.
• No signs are proposed with this application and no signs have been approved.
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 with the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
19, 2019, 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 (not including the applicant/representative).
COMMISSION DELIBERATION: (Granicus Time 00:32:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The appearance of the proposed building addition and update to the existing building will be
architecturally compatible with the surrounding properties and structures within the area and will be
harmonious with the neighborhood in which it is located.
• This business will be designed, constructed, operated and maintained to be harmonious and appropriate
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in appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the area.
• Nothing would be gained by decreasing the existing parking area for installation of a landscape strip
along East State Street. The ACHD right-of-way is a grassy area from the property line to the edge of
street.
• The Ada County Highway District Commission will determine whether curb, gutter, and sidewalk is
required along the Dunyon Street and State Street frontages.
• Existing fencing proposed to remain along the east and west property lines should be reviewed in two
(2) to three (3) years, or at a later date, if the chain link fencing is approved to remain. Eagle City Code
prohibits chain link fencing.
COMMISSION DECISION:
The Commission voted 4 to 0 (Wright absent) to recommend approval of CU -08-18 for a conditional use
permit for an indoor commercial entertainment facility (video golf) and waivers pursuant to Idaho Code
67-6512(0 with the following staff recommended site specific conditions of approval and standard
conditions of approval with underline text to be added by the Commission and strikethrough text to be
deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. An indoor commercial entertainment facility is the only use approved with this conditional use permit.
(ECC 8-2-3)
2. The applicant shall obtain a zoning certificate prior to construction of the indoor commercial
entertainment facility. (ECC 8-7-2[A])
3. 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 and/or upon receipt of an
invoice by the City, whichever occurs first.
4. If the City Council approves a waiver to permit the gravel to remain along the north portion of the site,
the applicant shall submit a revised site plan showing the use of bollards, curbing, or other city -
approved barrier method along the Dunyon Street frontage. The revised site plan shall be reviewed and
approved by staff prior to the issuance of a zoning certificate. The approved barrier shall be installed
prior to the issuance of an occupancy permit for the new structure.
5. Provide detailed cut sheets of all building lighting showing the style, color, wattage, luminaire, etc. The
detailed cut sheets shall be reviewed and approved by staff prior to the issuance of a zoning certificate.
6. All overhead utilities to the site shall be removed and/or placed underground prior to the issuance of a
zoning certificate.
7. No signs are proposed with this application and none are approved.
ADDITIONAL SITE SPECIFIC CONDITIONS OF APPROVAL IF THE WAIVER REQUESTS
ARE NOT APPROVED:
8. The existing chain link fence adjacent to the east and west property lines shall be removed and/or
replaced with a fence style to conform to Eagle City Code 8 -2A -6(B)(3) within a two (2) year period
from the date of the City Council's approval of this conditional use permit (CU -08-18). pric,r to the
ice of a zoning ce: ti€icate.
9. Provide a revised landscape plan showing a 10 -foot wide landscaped strip between the right-of-way
and the parking lot on the south side of the property and a 10 -foot landscaped strip buffer between the
right-of-way and the north side of the building addition. The landscaped strips along each street frontage
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shall include at a minimum, one (1) shade tree and five (5) shrubs per thirty-five (35) linear feet of
street frontage excluding driveway openings. A design review application shall be reviewed and
approved by the Design Review Board and City Council for this site Prior to the issuance of a zoning
certificate.
10. Providc a.. o.. Site-dfatnage plan i : ac3ordance-with Eaglz City Codc Sect -ons 8 2A 10 (C) & E 1 3
(B) prior to the irouance of a zoning eortifx ate.
11. The Ada County Highway District Commission shall determine whether curb. gutter. and five-foot (5')
sidewalk is required along the street frontages of East Dunvon Street and East State Street. If required
bv Ada County Highway District. provide a revised site plan showing curb, gutter, and five-foot (5')
sidewalk along the street frontage of East Dunyon Street and East State Street separated by an eight -
foot (8') wide parkway planter strip prior to the issuance of a zoning certificate.
12. Prue a revised site planportion of -the ;site (that pe en extending from the
building addition to Dungy or Stfect) irnYFeved-with asphalt (for parking) or landscaping prior to the
ifraanec of a zoning certificate.
13. Provide a revised site and landscape plan showing a minimum of 5% interior parking -let landscaping
around the proposed tree at the southwest corner of the parking lot to be reviewed and approved bv
staff and the Design Review Board prior to the issuance of a zoning certificate.
14. Provide a revised site and landscape plan showing a minimum 10 -foot wide perimeter landscaped strip
between the property lines and the parking lot, and plant with a minimum of one (1) shade tree and five
(5) shrubs per thirty-five (35) linear feet of perimeter. A design review application shall be reviewed
and approved bv the Design Review Board and City Council for this site prior to the issuance of a
zoning certificate.
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 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
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letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District. Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. An 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, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be.
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.
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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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. 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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU -
08 -18) 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 Eagle City Code Section 8-2-4, which
establishes use for the zoning district involved since an indoor commercial entertainment facility
may be permitted within the MU (Mixed Use) 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), (as shown within
the findings provided within this document), since there are no inconsistencies with the
Comprehensive Plan and since the proposed indoor commercial entertainment facility use will be
located within a MU (Mixed Use) and the proposed building with addition will be architecturally
compatible with the surrounding properties and structures within the area, and since the
development will be required to meet conditions of a design review application;
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 development will not only be required to
meet the City's design review requirements, but will also be required to the meet the requirements
noted herein;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the site is
bordered to the west and east by residential homes within the mixed use zoning district and bordered
to the south and north by a roadway;
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E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or
agencies responsible for the establishment of the proposed use shall be able to provide adequately
any such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community because the entire project
will be privately funded by the applicant and all public facilities are available for the project;
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 transportation system has been
found to be adequate by Ada County Highway District and since the development is not expected
to generate any noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property from East State Street, which is designed as not to
create an interference with traffic on surrounding public thoroughfares as approved by Ada County
Highway District; and
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since none are apparent at 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
3. In accordance with Idaho Code 67-6512 (f), the Commission concludes that a waiver to permit a
reduction in landscaping (between the right-of-way and the property line along the frontages of East
State Street and East Dunyon Street) and to permit the existing site drainage system to flow into the
ACHD right-of-way, approved by ACHD, is appropriate and will not change the essential character of
the area.
4. in accordance with Idaho Code 67-6512(f), the Commission concludes that a waiver to permit the use
of chain Zink fencing (along the east and west property lines) and to permit a portion of the site to
remain unpaved is appropriate and will not change the essential character of the area. The portion of
the site to remain unpaved will not result in dust problems as the area is required to be maintained in a
durable and dust free manner.
5. In accordance with Idaho Code 67-6512(f), the Commission concludes that a waiver to permit the
frontages along East State Street and East Dunyon Street remain undeveloped with no curb, gutter, and
sidewalk is appropriate if also approved by the ACHD Commission.
DATED this 4'h day of March 2019.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idah�p n
Trent Wright, Chairman
ST:
K ��✓�
Sharon K. Bergmann, Eagle City CI k
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