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Findings - CC - 2019 - CU-08-18 - Cup For Indoor Commercial Entertainment/WaiversBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR AN INDOOR COMMERCIAL ENTERTAINMENT AND WAIVERS PURSUANT TO IDAHO CODE 67-6512(f) 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 City Council for their action on April 9, 2019, 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: 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(f). 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. 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 February 23, 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 February 22, 2019. The site was posted in accordance with the Eagle City Code on March 2, 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). On March 6, 2019, Ada County Highway District Commissioners approved a waiver of the Page 1 of 20 K:U'lanning Doff -a& Applications1CU120181CU-08- IR Goll Your Way ccl:docx requirement for the installation of curb, gutter, and sidewalks along State Street and Dunyon Street abutting the site for Golf Your Way (EAG19-0002; CU -08-18). E. COMPANION APPLICATIONS: DR -06-93 MOD (building addition) 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. URBAN RENEWAL DISTRICT: Yes I. 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. Page 2 of 20 K:1Ylanning Dept1lEagle Applications1CU120181CU-08-18 Golf Your Wayccl:Jocx J. 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) K. 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 buildin>? addition (entertainment) = 2300 -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. Page 3 of 20 K:1Planning lhpt1Eagle Applicatiun,1CU120181CU-O8-18 Golf Your Way ccl:Jucx L. 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) • 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) M. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Sewer District, Suez Water, Eagle Police Department, and Eagle Fire Department. N. PUBLIC USES PROPOSED: None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. P. SPECIAL ON-SITE FEATURES: Q. 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 SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required R. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. 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 S. LETTERS FROM THE PUBLIC: None received to date. Page 4 of 20 K:1Planning I) pt\liaglc Applications1CU1211181CU-OS-18 (io11 Your Way ceI.ducx 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. 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 CODE 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. Page 5 of 20 K:U'lanning Uept1L•agle Application.s\CULo181CU-08-18 Golf Your Way ccldocx 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). • 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. Page 6 of 20 K:U'lanning Deptll:aglc Applications1CU120181CU-O8-1 K CioIf Your Way ccI docx • 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. • 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 Page 7 of 20 K:Wlanning IkptU:agk Apphcations1CU1211I81CU-08-18 (jolt Your Way ccI.docx • 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: Total Number Of Spaces Percent Of Total Area Of A Lot That Must Be An 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. Page 8 of 20 K: Planning Ikept113aglc Applications\CU1?11181CU-t18-18 Golf Your Way ccf.docx • 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. Page 9 of 20 K:1Ylanning [)ept\Eagle Applications\CU120181CU-08-18 Goll Your Way cadocx D. DISCUSSION: • Chain link 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. East property line • 414:61 - West property line Page 10 of 20 K \I'lannmg I) plu a,ke Apphkal lun.K7'\2018\CU•OS• 181;oh Your Way «! dues • 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: I . Improve State Street as' of a 36 -foot commercial street section with vertical curb, gutter and 5 -foot wide concrete sidewalk. Construct a 24 -foot wide curb cut type driveway in the existing driveway location on State Street. 3. Improve Dunyon Street as'/ 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. Page 1 1 of 20 10Plammng I lepiTagle Appl cauons\('l'Uu181('('-I) -18 (*loll Your Way Lci.Jotr • 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. SOUTH ELEVATION • 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. Page 12 of 20 K \Planning 1)ep111 ,Iele Appl0100.41 1 \ 20 1 K1( 1-0K- (1 11 Your Way t..I &lc< • 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 condition 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 rnd 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 fit in with Eagle and the neighborhood at which it is located. • This business is good for Eagle and Eagle tries to be business friendly. The proposed waivers are appropriate as the changes will be consistent with other developments in the area. Page 13 o 20 K \Planning 1 epi\Lagle Application, (1.1\2(1 1810( :-08-18 ( Your Way a l.Jui t • Nothing would be gained by removing the existing parking area to install 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. The Eagle City Code prohibits chain link fencing, but the Commission understands the financial obligation of the owner. • The Commission is concerned that the parking lot area is large enough for customers as the business grows. The property owner may need to consider additional on-site parking. 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(f) with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated March 4, 2019. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on April 9, 2019, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). COUNCIL DECISION: The Council voted 4 to 0 to approve CU -08-18 for an indoor commercial entertainment facility (video golf) and waivers pursuant to Idaho Code 67-6512(0, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council and text shown with strikethrough to be deleted by the Council: 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 bollardsr-eurbing, or other City - approved 3 -rail fence and boulders (with approval from ACHD) barrier method along the Dunyon Street frontage. The revised site plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. The appreved bier 3 -rail fence and boulders 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. Page 14 of 20 K:11'lanning IkplWagle Applications\CU120181CU-08-18 (soli Your Way xtidoc:x 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. 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 Section 8 -2A -6(B)(3) within a one (1) twe (-2) year period from the date of the City Council's approval of this conditional use permit (CU -08-18). 9. Pmvide a rcv' e -plan showing a 10 foot wide landscaped strip between the right of way and thie parking lot on the Cath side of the property and a 10 foot landscaped strip buffer between the right of way and the north Gide of the -building addition. The landxeaped strips cleageach street frontage ilial/ include at a minimum, one (1) shade tree and five (5) shrubs per thirty five (35) linear feet of street fro way opening. A design review application Shall be reviewed and 'b oard and City Council for this site prior to the isrmance of a zoning certificate. 10. Provide an en oite-d: ainage plan in aceor da.rce with Eagle City Code &lotions 8 2A 10 (C) & 8 4-3 (E) prior te-tha issuance of a zoning certificate. 11. The Ada County -Highway Drstric shall determine whether- curb, gutter, and five foot (5') sidewalk is required along the street frontages of East Dunyon Street and East State Street. If rcuired by Ada County-Fligh,i"cy-D. 3triet, provide a r- - ' - :. - ' - b - , . d five foot (5') sidewalk -Meng ctrect frontage-ef East Dunyon Strcct and E-ast ted by an eight feet -(8') wide parkway -planter strip prior to the issuance of a zoning certificate. 12. Prue a revised site plan showing -the -northern portion of the site (that -portion extending from the building addition to Dunyon Street) i...p eved with asphalt (for parking) or landGcaping prior to the issuance of a zening certificate. 13. Provide a revised site and landscape plan showing landscaping around the proposed tree at the southwest corner of the parking lot. The revised site and landscape plan shall be reviewed and approved by staff and one (1) member of the Design Review Board prior to the issuance of a zoning certificate. 14. Provide a re' iced Site and landscape plan &hewing a minimum 10 ped strip and the -parking lot, and plant -with -a mini . - ( hrub, per thirty five (35) linear feet of perimeter. A dcaign review appheation shall -be rc=.'ieied the Design Review Board and City Council -for this site prior to the f5::aance of a zoning certi fic.,to ' 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 Page 15 of 20 K:1PlanninB lhptlliagle Applications1CU120181CU-Q8-18 Golf Your Way ccl:Jocx Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light -fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the Page 16 of 20 K:1Planning Dcpl\Gaglk ApplicationsACUI20181CU-118-18 Coll Your Way ccl.docx 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 be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City 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. Page 17 of 20 K:1Planning Dept\Eagle Applications\CU120181CU-II8-I8 (loll Your Way i U.docx 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. 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-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 Page 18 of 20 K:\Planning Dept\Eagle Applications \CU\2018\CU-08-18 Golf Your Way ccfdocx 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 mixed use, bordered to the south and north by a roadway; 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 I. 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. In accordance with Idaho Code 67-6512 (f), the Council concludes that a waiver for the following is appropriate and will not change the essential character of the area: • ECC Section 8-4-3 Design and Maintenance, (A) Paving — gravel may remain along the north portion of the site along the East Dunyon Street frontage. • ECC Section 8-4-3 Design and Maintenance, (B) Drainage — site drainage may continue to drain into the public right-of-way; also approved by the Ada County Highway District Commission. • ECC Section 8-2A-7 (K)(2)&(3) Parking Lot Landscape Strip and Parking Lot Perimeter Landscaping, and ECC Section 8-2A-6 (L)(1)(a) Landscape Commercial Strips - reduction of landscape strip between the property line and the parking lot at the south side of the property along East State Street and a landscape strip between the north side of the proposed building addition and the right-of-way along the East Dunyon Street frontage. Additionally, and pursuant to Eagle City Code Section 8 -2A -6(F) Dunyon/State Development Area, perimeter parking lot landscape and the minimum landscaping required between the building and the property line has been reduced and the Council concludes that the building's design style and architecture serves as an appropriate buffer to the adjacent property. • ECC Section 8-2A-6 (F) Dunyon/State Development Area, (2) Setbacks and Site Design — the site setbacks are approved as proposed. • ECC Section 8-2A-6 (F) Dunyon/State Development Area and ECC 8 -2A -6(M)(1) Parkway Strips, Page 19 of 20 K:IPlanning Dept\Eagle Applications1CU1211181CU•118-18 (ioIf Your Way cct.docx Separated Sidewalks, And Street Trees - the installation of curb, gutter, sidewalk and street trees along both East State Street and East Dunyon Street frontages is not required; also approved by the Ada County Highway District Commission. 3. Pursuant to Eagle City Code Section 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. 4. Failure to comply with all provisions and any condition of approval of this conditional use permit use may result in a compliance hearing in front of the City Council at which time the Council may add conditions to the permit or modify the existing permit. DATED this 23'' day of April 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway. Mayor ATTEST: K Sharon K. Bergmann, Eagle City 1 lerk ••,,,,,,,,,,,,,, •� r EAC •o *- *• SEAL,• ••air rrrh,11A1111�.•. O '•.ITE OF a •S•,,,,(,,,`,•• Reconsideration Notice: Applicant has the right. pursuant to Section 67-6535. Idaho Code. to Icqucst a reconsideration within fourteen (14) dais of the final written decision Paine 20 of 20 k ‘I'Linning Ikpml.agk• Appl .t i . V('t'\'u1M('1'-u,,-Is (ndl 1 out 1\din'.