Findings - CC - 2024 - CU-07-23 - Conditional Use Permit for a Restaurant [With Drive-Through] and Retail Sales [General and Limited] BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A RESTAURANT [WITH DRIVE-THROUGH] )
AND RETAIL SALES [GENERAL AND )
LIMITED] FOR LANDMARK PACIFIC )
INVESTORS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-07-23
The above-entitled conditional use permit application came before the Eagle City Council for their action
on February 13, 2024, 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:
Landmark Pacific Investors, LLC, represented by Andrew Newell with BAWCE, is requesting
conditional use permit approval for a restaurant(with drive-through) and retail sales (general and
limited) within a MU-DA (Mixed Use with development agreement) zoning district. The 2.84-
acre site is located at the northeast corner of State Highway 44 and West State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM,on Monday,April 17,2023, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on May 23, 2023. A revised narrative was received by the City of
Eagle on June 8, 2023.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 8, 2023, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on November 3, 2023. Notice of this public
hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on November 3, 2023. The site was posted in accordance
with the Eagle City Code on November 9, 2023.
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
January 26, 2024. Notice of this public hearing was mailed to property owners in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 26,
2024. The site was posted in accordance with the Eagle City Code on January 22,2024.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 3, 2015, the City Council approved a rezone from A (Agricultural), A-R (Agricultural-
Residential) and R-2-DA-P (Residential with a Development Agreement — PUD) to MU-DA
(Mixed Use with a Development Agreement in lieu of a PUD, including a height exception) at
9.93-dwelling units/acre and preliminary plat approval for Predico Eagle Pointe Subdivision (RZ-
06-14 and PP-08-14).
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On August 15,2015, the Design Review Board approved the common area landscaping, seven(7)
apartment buildings, caretaker's unit, and a clubhouse within Predico Eagle Pointe Subdivision
(DR-62-14).
On June 28, 2016, the City Council approved a preliminary plat extension of time for Predico
Eagle Pointe Subdivision to be valid until June 9, 2017 (EXT-06-16).
On June 21, 2017, the Zoning Administrator approved a lot line adjustment for Michael Wright
(LLA-07-17).
On August 24, 2021, the City Council approved a development agreement modification, rezone
from MU-DA (Mixed Use with a development agreement) to R-9-DA (Residential with a
development agreement [in lieu of a PUD], and preliminary plat for Kingfisher Cove Townhomes
Subdivision, a 72-lot(63-buildable, 9-common) residential Subdivision (RZ-06-14 MOD/RZ-14-
20 &PP-07-20).
On January 25,2022,the City Council approved a design review application for the common area
landscaping within Kingfisher Cove Townhomes Subdivision(DR-50-21).
On May 10, 2022, the City Council approved a design review modification for the common area
structures within Kinghouse Cove Townhomes Subdivision(DR-50-21 MOD).
On May 10, 2022, the City Council approved a design review modification for eleven townhome
buildings within Kingfisher Cove Townhomes Subdivision(Dr-50-21 MOD2).
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 Mixed Use MU(Mixed Use with Vacant property
development agreement [in
lieu of a PUD])
Proposed No Change No Change Restaurant(with
drive-through)
and Retail Sales
(General and
Limited)
North of site Neighborhood Residential R-2-DA-P(Residential with a Countryside
development agreement— Estates
PUD) Subdivision
South of site Industrial PS-DA(Public/Semipublic State Highway
with a development 44 and Eagle
agreement) Sewer District
headworks
East of site Mixed Use R-9-DA(Residential with a Proposed
development agreement [in Kingfisher Cove
lieu of a PUD])(7.38-acre Townhomes
area) Subdivision
(currently under
construction)
West of site Neighborhood Residential R-2-DA-P (Residential with a Countryside
development agreement— Estates
PUD) Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:No.
I. EXISTING SITE CHARACTERISTICS:
The site consists of three(3)unplatted vacant parcels.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.84-acres 1,300-square feet(minimum)
Percentage of Site Devoted to Building 13% 50%(maximum)
Coverage
Percentage of Site Devoted to 31.2% 10% (minimum)
Landscaping
Number of Parking Spaces 96-spaces 78-spaces
Front Setback 95-feet 20-feet(minimum)
Rear Setback 60-feet 20-feet(minimum)
Side Setback 0-feet 7.5-feet(minimum)
Street Side Setback 45-feet 20-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings(based on entire site):
The applicant is proposing four(4)buildings with the following uses:
• Pad A—Restaurant with drive-through
• Pad B—Salon
• Pad C—Retail and Restaurant
• Pad D—Medial Office
Height and Number of Stories of Proposed Buildings:
The applicant is proposing a maximum height of 30-feet, and all buildings will be single-story.
Gross Floor Area of Proposed Buildings:
• Pad A—2,078-square feet
• Pad B—7,000-square feet
• Pad C— 1,500-square feet(Retail) and 1,500-square feet(Restaurant)
• Pad D—4,000-square feet
On and Off-Site Circulation:
The site plan shows two (2) access points for ingress/egress. One access points is located along
West State Street approximately 260-feet north of the intersection of State Highway 44 and the
other access point is located at the northeast corner of the site.
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L. PARKING ANALYSIS:
Combined Total for Four(4)Commercial Buildings:
Proposed: 96—on-site parking spaces
Gross Floor Area of Proposed Buildings 16,078-square feet:
Restaurant(with drive-through) =2,078-square feet
Salon =7,000-square feet
Restaurant/Retail =3,000-square feet
Medical Office =4,000-square feet
Total = 16,078-square feet
Combined Required Total for all uses.
Pad A—Restaurant(with drive-through)— 1/200-square feet 2,078/200-square feet = 11
parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor
area for"Restaurants with drive-through"uses.
Pad—B Salon— 1/250-square feet 7,000/250-square feet = 28 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross storage
area for Personal Improvement uses:
Pad C—Retail and Restaurant
Retail 1/250 square-feet 1,500/250-square feet =6 parking spaces
Restaurant 1/150 square-feet 1,500/150-square feet = 10 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 250-square feet of gross floor
area for"Retail"uses
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square feet of gross floor
area for"Restaurant"uses.
Pad D—Medical Office— 1/200-square feet 4,000/200-square feet =20 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 200-square feet of gross floor
area for"Office, Medical and Dental"uses
Total: =75 parking spaces
M. PUBLIC SERVICES AVAILABLE:
The property will be served by the Veolia Water System. The applicant will be required to
comply with all conditions associated with the sewer system required by the Eagle Sewer District.
The applicant will be required to install fiber-optic conduit within the joint trench for future
connection.
N. PUBLIC USES PROPOSED:
10-foot-wide public pathway located adjacent to the southern property line.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—no
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
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required.
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Valley Regional Transit
S. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Patrick and Mariah Courtright, date stamped by the City on
November 13,2023.
Correspondence received from Charles Moore,date stamped by the City on November 15, 2023.
T. 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.
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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;
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
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15,2017),designates this site as the
following:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced
landscaping, detached meandering pathways and appropriate signage controls.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating,
which includes drive-up window service for ordering food to go.
RETAIL SALES:
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, bicycles, kitchen utensils, hardware, appliances, art antiques, art
supplies and services, paint and wallpaper, carpeting and floor coverings, and office
supplies.
B. Limited: Excludes furniture, hardware, paint and wallpaper, carpeting and floorcovering,
and similar uses.
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• Eagle City Code Section 8-2-3: Schedule of District Use Regulations:
A Restaurant (with drive-through) and Retail Sales (General and Limited) require a
conditional use permit within the MU(Mixed Use)zoning district.
• Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for
the MU(Mixed Use)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
MU 35' 20' 20' 7.5' 20' 50% 5,000 50'
C. DISCUSSION (based on the Conceptual Site Plan, date stamped by the City on May 23, 2023
and the executed development agreement, Ada County instrument #2022-075833 [attached to the
staff report]):
• The applicant is requesting conditional use permit approval for a coffee shop with a drive-
through (restaurant [with drive-through]) and retail sales (general and limited) use to be
permitted within the property. The Conceptual Site Plan shows the restaurant (with drive-
through) use located within Pad A, in proximity to the intersection of West State Street and
State Highway 44. The Conceptual Site Plan shows the retail use located within Pad C,
located north of the west access point from West State Street.
The Comprehensive Plan identifies this area as a Scenic Corridor. The Comprehensive Plan
defines the Scenic Corridor area as an overlay designation that is intended to provide
significant setbacks from major corridors and natural features through the city. These areas
may require berming, enhanced landscaping, detached meandering pathways and appropriate
sign controls. The restaurant (with drive-through) should be designed to include a minimum
forty-eight inch (48") berm (measured from the centerline of the adjacent roadway),
decorative block wall, minimum forty-eight inch (48") high landscaping, or combination
thereof shall be provided adjacent to the drive-through lanes or a minimum forty-eight inch
(48") grade separation (measured from the centerline of the adjacent roadway) to reduce the
impact of the vehicles utilizing the drive-through lanes (i.e. vehicle headlights and vehicle
cueing). The berm, wall, or landscaping should be reviewed and approved by the Design
Review Board and City Council prior to installation. The berm, wall, or landscaping should
be installed prior to the issuance of a certificate of occupancy.
• The Conceptual Site Plan shows the drive-through structure located within Pad A straddling
the property line. If the Restaurant(with drive-through) use is approved, the applicant should
be required to submit a lot line adjustment application to move the property line (associated
with Pad A) to a location where the proposed building will be in conformance with the
required setbacks. The lot line adjustment applicant should be reviewed and approved by the
Zoning Administrator prior to recording the lot line adjustment. The applicant should provide
a copy of the recorded lot line adjustment prior to issuance of a zoning certificate for
construction of the building.
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• The Conceptual Site Plan shows a 10-foot-wide sidewalk located adjacent to the southern
property line. The sidewalk terminates approximately 80-feet east of the intersection of West
State Street and State Highway 44. Also, the Conceptual Site Plan does not show a detached
sidewalk located adjacent to West State Street. The applicant should be required to submit a
landscape plan showing a 10-foot-wide sidewalk connecting to the intersection of West State
Street and State Highway 44 and extending to the sidewalk associated with Kingfisher Cove
Townhomes Subdivision. The landscape plan should also show a 5-foot-wide detached
sidewalk located adjacent to West State Street. The landscape plan should be reviewed and
approved by the Design Review Board and City Council prior to issuance of a zoning
certificate for construction of the first structure within the site.
PUBLIC HEARING OF THE COMMISSION (Public Hearing Audio/Video Record):
https://eagle-id.granicus.com/player/clip/1 804
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 20, 2023, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning
Commission by five(5) individuals who indicated the following reasons:
• A restaurant with drive-through use is not appropriate for the area.
• There is already too much vehicular traffic within the area.
• The access point to West State Street is too close to the intersection of West State Street and State
Highway 44.
• The vehicle lights from vehicles accessing the restaurant with drive-through will impact the
adjacent neighbors.
D. Oral testimony neither in favor of nor in opposition to the application was provided to the Planning
and Zoning Commission by one (1) individual who indicated if a restaurant (with drive-through) is
permitted,the west entrance from West State Street should be limited to right-out only.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony provided. A summary of the deliberation can be found at the following link
(Granicus time: 02:28:00):
https://eagle-id.granicus.com/player/clip/1804
COMMISSION DECISION:
The Commission voted 3 to 2 (Guerber and McCauley against) to recommend denial of CU-07-23 for a
conditional use permit for a restaurant(with drive-through)use and a retail sales(general and limited)use
as provided within their findings of facts and conclusions of law document, dated December 4, 2023.
PUBLIC HEARING OF THE COUNCIL(Public Hearing Audio/Video Record):
https://eagle-id.granicus.com/player/clip/1836?meta_id=91436
A. A public hearing on the application was held before the Eagle City Council on February 13, 2024, at
which time testimony was taken and the public hearing was closed. The Council made their decision
at that time.
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B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by four (4)
individuals who indicated the following concerns:
• A concern with increased traffic within the area due to the commercial uses.
• They are opposed to a restaurant(with drive-through)use at this location.
• A coffee shop with drive-through service will have early hours of operation which will negatively
impact the adjacent residents within Countryside Estates Subdivision.
• The re-alignment of Ballantyne and West State Street at this location has created traffic problems
within the area.
• The traffic impact study did not consider traffic from the high school.
• The west ingress/egress access point should not be a full access point due to the proximity of the
SH-44/West State Street intersection.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-07-23 for a conditional use permit for retail sales (general and
limited) use with the following staff recommended site specific conditions of approval and standard
conditions of approval with strike through text to be deleted by the Council:
*Note: The Council voted 4 to 0 to deny the request for a restaurant(with drive-through)use.
1. The conditional use permit for the allowance of coffee h-rwith a drive thr (Restaurant [wits,
Retail Sales (General and Limited) use within the MU-DA (Mixed Use with
development agreement)zoning district is approved.
2. The Restaurant (with a through) use shall be limited to Pad A as shown en the Conceptual Site
Plan, date stamped by the City on May 23, 2023.
3.
minimum forty eight inch (48") berm (measured from the centerline of the a`j cent- roadway),
be provided adjacent to the drive through lanes-or a minimum fei} eight inch (48") grade separation
headlights and vehicle cueing). The berm, wall, or landscaping
shall b d d d b tt D ,.., Review., Board and Cit,z Councilr" t„ i st..11atio.
4. The applicant shall submit a design review application in accordance with Eagle City Code Section 8-
2A. The design review application shall be reviewed and approved by the Design Review Board and
City Council prior to the issuance of a zoning certificate for construction of the building. (ECC 8-2A-
17)
5. The applicant shall submit a lot line adjustment application to move the property line(associated with
Pad A) to a location where the building will be in conformance with the required setbacks. The lot
line adjustment applicant shall be reviewed and approved by the Zoning Administrator prior to
recording the lot line adjustment. The applicant shall provide a copy of the recorded lot line
adjustment prior to issuance of a zoning certificate for construction of the building.
6. The applicant shall submit a landscape plan showing a 10-foot-wide sidewalk connecting to the
intersection of West State Street and State Highway 44 and extending to the sidewalk associated with
Kingfisher Cove Townhomes Subdivision. The landscape plan shall also show a 5-foot-wide detached
sidewalk located adjacent to West State Street. The landscape plan shall be reviewed and approved by
the Design Review Board and City Council prior to issuance of a zoning certificate for construction
of the first structure within the site.
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7. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City,whichever occurs first.
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
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 surety 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
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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. 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.
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.
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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 Parks and Pathways Development Commission for
a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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 staff and
the City Engineer 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 floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
24. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any
change from the City of Eagle.
25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration
of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
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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 Council reviewed the particular facts and circumstances of the proposed conditional use (CU-07-
23) 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. The retail sales (general and limited) use will, in fact, constitute a conditional use as established
in Eagle City Code Section 8-2-3 since retail sales (general and limited) use may be permitted
within the MU(Mixed Use)zoning district with the approval of a conditional use permit;
B. The retail sales (general and limited) use 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 retail sales (general and limited) may be permitted within the MU (Mixed Use) zone with
the approval of a conditional use permit;
C. The retail sales (general and limited) use 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 all
buildings on the site will be designed to meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book. The south property line is located
adjacent to a principal arterial (State Highway 44). The north and west property lines are located
adjacent to a minor arterial (West State Street), and the east property line is located adjacent to a
common lot within Kingfisher Cove Townhomes Subdivision. The subdivision consists of single-
family attached residential units;
Based on public testimony, the Council concluded that the proposed restaurant with drive-through
would not integrate harmoniously with the existing and intended character of the surrounding
area. The Council determined that this use would fundamentally alter the essential character of
the neighborhood, as there are no similar or compatible uses to the north of State Highway 44.
Additionally, the drive-through design encourages a vehicular-centric model that detracts from
the pedestrian-friendly environment that the community aims to foster, further highlighting its
incompatibility with the established residential context.
D. The retail sales (general and limited)use will not be hazardous or disturbing to existing or future
neighborhood uses since the property where the retail sales (general and limited)use is proposed,
is surrounded by a principal arterial (State Highway 44), a minor arterial (West State Street), and
a common lot within a residential subdivision;
Based on public testimony, the Council determined that the restaurant (with drive-through) use
will be disturbing to the existing or future neighborhood uses since the drive-through would
generate intensive traffic, leading to congestion and traffic stacking at the intersection of West
State Street and State Highway 44. Furthermore, the existing roadways and proposed access
points are not designed to accommodate the high volume of traffic this use would generate,
raising concerns about safety and accessibility for both vehicles and pedestrians.
E. The retail sales (general and limited) use will be served adequately by essential public facilities
such as highways, streets, police and fire protection, drainage structures, refuse disposal, water
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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. All central services are either
available to the site or will be conditioned herein, as noted within the letters provided by the
agencies having jurisdiction over the site. Also, development of sewer, water, drainage, streets,
and other urban services will be provided at the developer's expense. The design and location of
the access roads will be reviewed and approved by Ada County Highway District and Eagle Fire
Department prior to issuance of a building permit.
F. The retail sales (general and limited) use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the economic welfare
of the community since the site will be served with central sewer from the Eagle Sewer District
and will use public water to be served from the Veolia Water of Idaho. Fire protection will be
provided by the Eagle Fire Department and fire hydrants will be provided where required;
G. The retail sales (general and limited) use 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.
It is not anticipated that the retail (general or limited) use or activities will be detrimental to the
surrounding properties upon completion of the site work. The site will be served by West State
Street (minor arterial). The applicant will be required to provide a buffer along the east property
line (at the time of development) to provide a buffer to the residences within the subdivision
currently under construction;
The restaurant (with drive-through) use will involve activities and operations that could be
detrimental to individuals, properties, and the general welfare due to excessive traffic, noise, and
hours of operation that are incompatible with the surrounding residential neighborhoods.
Specifically,the early-morning hours proposed by the restaurant could disrupt the peace and quiet
typically expected in a residential area. The applicant was unable to demonstrate how noise from
the drive-through order speaker would be mitigated, raising concerns about its potential negative
impact on nearby residents.
H. The retail sales(general and limited)use will have vehicular approaches to the property which are
designed as not to create an interference with traffic on surrounding public thoroughfares since
the ingress/egress access points have been reviewed and approved by the Ada County Highway
District;
Although access points were reviewed and approved by the Ada County Highway District,
concerns were raised regarding the positioning of the drive-through lanes in relation to the turning
radius from West State Street. The Council concluded that the turning radius is insufficient to
ensure safe entry into the drive-through lanes. Additionally, the Council anticipates that vehicles
may turn south from the west ingress/egress access point, further contributing to traffic stacking
at the intersection of West State Street and State Highway 44.
I. The retail sales (general and limited) use 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.
Regulatory Takings Analysis Notice: Applicant has a right to request a regulatory takings analysis
pursuant to Idaho Code Section 67-8003
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DATED this 12th day of November, 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Br ike, Mayor
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Tracy E. m,Eagle City Clerk •
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