Findings - CC - 1997 - CU-2-97 & CU-1-97 - 2 Cup/One Commercial Complex/Restaurant W/Drivethr
B.
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C.
0 RIG ll~ A L
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
TWO CONDITIONAL USE APPROVALS, ONE
FOR A COMMERCIAL COMPLEX, AND
ANOTHER FOR A RESTAURANT WITH
DRIVE- THRU WITHIN THE COMMERCIAL
COMPLEX FOR EDGE DEVELOPMENT
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2-97 & CU-1-97
The above-entitled rezone application came before the Eagle City Council for their action on
March 25, 1997. 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:
Edge Development, represented by BRS Architects, is requesting two conditional
use approvals, one for a commercial complex, and another for a restaurant with
drive-thru within the commercial complex. The staff report addresses both
applications. The 4.4-acre site is located on the east side of Eagle Road
approximately 600-feet south of State St. at 174 S. Eagle Road (temp. address).
APPLICATION SUBMITTAL:
The applications for these items were received by the City of Eagle on January
16, 1997.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on both of these applications for the Eagle Planning
and Zoning Commission were published in accordance for requirements of Title
67, Chapter 65, Idaho Code and the Eagle City ordinances on January 31, 1997.
Notice of these public hearings were 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 24, 1997. Requests for agencies' reviews were transmitted on January
17, 1997 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 for requirements of Title 67, Chapter 65, Idaho Code
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G.
H.
and the Eagle City ordinances on March 7, 1997. 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 28, 1997.
D.
HISTORY OF PREVIOUS ACTIONS:
On March 11, 1996, the City received an application requesting a rezone from R-5
to C-2, and conditional use permit for a multi-building commercial development
located at this site. A letter from the applicant's representative, BRS Architects,
dated April 9, 1996, requested that the application be withdrawn.
E.
COMP ANION APPLICATIONS:
Rezone (RZ-I-97) requesting rezone approval from R-5 (residential) to C-2
(commercial).
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial R-5 (Residential) Residential dwellings
Proposed Commercial C-2 (Commercial) Multi-tenant commercial
North of site Commercial L-O (Limited Office) Land Group's office and
R-5 (Residential) residential dwellings
South of site Commercial C-2 (Commercial) Albertson's
East of site Commercial and C-2 (Commercial) Residential dwellings
High Density Residential! R-5 (Residential) and senior housing
Limited Professional Office/
Limited Commercial
West of site Commercial R-5 (Residential) Residential dwellings
DESIGN REVIEW OVERLA Y DISTRICT: TDA (Transitional Development Area)
EXISTING SITE CHARACTERISTICS:
The site is currently being use for residential use. There are several mature trees
located at this site. The Eagle Drain abuts the north property line of this proposed
development. The vegetation along the drain is dense and the drain is
approximately 10-feet deep. It appears that water runs in this drain year around.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.4 ac. Gross 1,300 s.f minimum lot size
3.15 ac. net
Percentage of Site Devoted to Building Coverage 20% 20% min
Percentage of Site Devoted to Landscaping 14% 10% min
Number of Parking Spaces 131 112 min
Front Setback for retail pad "A" (south) 10' lO'min - 25'max
Rear Setback for retail pad "A" (north) 180' O'min
Side setback for retail pad "A" (east) 0' O'min - 10'max
Rear Setback for retail pad "B" (north) 25' O'min
Front Setback for bank (south) 10' 10'min - 25'max
Rear Setback for bank (north) 125' O'min
Front Setback for drive-thru (Eagle Road used for 25' lO'min - 25'max
front setback since other structures front on Eagle
Road)
Rear Setback for drive-thru (north) 80' O'min
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Four buildings proposed; Two retail buildings, one bank, and one restaurant with
a drive-thru.
Height and Number of Stories of Proposed Buildings:
The applicant states that the buildings will not exceed the 35-foot maximum
height, and two story maximum, permitted within the Transitional Development
Area. Building elevations will be provided with the design review applications.
Gross Floor Area of Proposed Buildings:
Retail pad "A" = 10,280-square feet, retail pad "B" = 8,400-square feet, bank =
2,800-square feet (with a 2,400-square foot car canopy), and restaurant with drive-
thru = 3,767-square feet. Total = 27,647-square feet.
On and Off-Site Circulation:
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Three driveways proposed for this site are connected with 25-foot minimum width
isles, as required per Eagle City Code. However, the site is designed with back
out parking spaces located at the two driveways near the connection to the new
east/west road. Parking spaces which require drivers to back out into driveway
isles that are close to street entries typically are not safe. This is because of the
likelihood for vehicular accidents due to the lack of clear visibility between the
vehicle backing out of the space and the vehicle entering the site from the adjacent
roadway.
The applicant states that access to and from the parcel to the east (shown as "Not a
part") is to be allowed with a cross access agreement. The applicant is attempting
to purchase that parcel, and is currently planning to propose public parking for
that site. Eagle City Code encourages public parking in the Transitional
Development Area.
The applicant is providing an east/west pedestrian pathway (along the Eagle
Drain) intended to connect Eagle Road to Second Street. The pathway will be
within a public-use easement and the CC&R's for the site will require the owners
of this commercial complex to maintain the pathway. The applicant is also
proposing to construct a 4- foot high wrought iron fence on the north side of the
site along the Eagle Drain to provide a safety barrier between the drain and the
pedestrian pathway and plazas.
Off-site circulation is to be provided by Eagle Road and a new east/west roadway
to be located between this site and the Albertson's site. The east/west roadway is
in the location recommended by ACHD and approved by the Eagle City Council
in late 1996. The new east/west roadway will eventually extend to Second Street
and further to the east as development occurs. The proposal for this roadway is in
accordance with the City's strategic goal of enhancing the street grid system
within the downtown.
The applicant has agreed to provide a $4,800.00 cash deposit to the City for one
half of the cost of a future 8-foot wide pedestrian/bicycle bridge connecting First
Street to this site's east/west pedestrian easement along the Eagle Drain. The
bridge could be constructed if and when the property, which is at the south end of
First Street abutting this site, is redeveloped in the future.
K.
LANDSCAPING DESIGN:
Retention of Existing Trees and Preservation Methods:
There are several existing trees located at this site. A Certified Arborist, Jerry
Stallsmith, has completed an analysis of the proposed development with regard to
the existing trees. That documentation is attached. Eight trees will be preserved.
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L.
M.
N.
Tree Replacement Calculations:
The total caliper of the trees to be removed is 176 inches.
Eagle City Landscape Guidelines Section 6-C-l would require a total caliper
replacement of 176" (based upon the caliper noted above). The replacement
calculations are in addition to any trees which would be required if no existing
trees were to be removed.
The Eagle Landscape Guidelines call for one street tree for every 35-feet of street
frontage. (19 trees would be needed to meet this guideline). The applicant shows
approximately 45 on-site shade trees. If the 19 street trees and 45 shade trees
were required to have a minimum caliper width of 4 to 5 inches each, the tree
replacement requirement would be satisfied.
Parking Lot Landscaping:
a. Perimeter Landscaping:
Continuous landscaping is proposed for the entire perimeter of the site.
b. Interior Landscaping:
The applicant is proposing several landscape islands within the interior of
the parking lot. The islands are proposed with trees, grass and shrubs and
have a total area of approximately 14% of the interior parking lot. The
Landscape Guidelines call for a minimum of 10% interior parking lot
landscaping.
OUTDOOR LIGHTING:
Outdoor lighting is not shown. Required parking lot lighting is to be reviewed by
the City Engineer.
SIGNAGE:
None proposed with this application. A separate design review application is
required for any signs.
PUBLIC SERVICES AVAILABLE:
Letters stating services are available from the Eagle Water Company, and Eagle
Sewer District have been submitted to the City. The Eagle Fire District
representative has stated that fire service can be provided. However, an approval
letter has not been received to date and will be required to be submitted to the
City.
O.
PUBLIC USES PROPOSED:
East/west pedestrian pathway (with seating plazas) running from Eagle Road to
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this site's east property line along the Eagle Drain. The pathway will provide for
a future connection to Second Street, and connection to First Street by way of a
eight foot wide pedestrian/bicycle bridge over the Eagle Drain. Use of the Eagle
Drain for passive/visual amenities is encouraged by Eagle City Code Section 8-
2A-6 ( C) (3) (e)
P.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Q.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - unknown
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - unknown
Steep Slopes - yes
(Eagle Drain) The applicant is proposing to construct a 4-foot high wrought iron
fence on the north side ofthe site along the Eagle Drain for a safety barrier.
Stream/Creek - Eagle Drain
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat Area - Eagle Drain
R.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
S.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached.
Comments which appear to be of special concern are noted below:
Arborist Consulting Report - 7 pages
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Sewer District
Eagle Water Company
T.
LETTERS FROM THE PUBLIC: Letter from Mr. and Mrs. Walker (property owners to
the north) in favor of the proposal.
U.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
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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.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
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C.
E.
DESIGN REVIEW ORDINANCE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
.
Section 8-2A-6 (A) General Objectives and Considerations:
(1)( d), "The arrangement and adequacy of off-street parking facilities relative to
access points, building location and total site development to prevent traffic
conflict or congestion";
(1 )(1), "The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas".;
(2)(b), "The location and type of new plantings, with due regard to preservation of
specimen and landmark trees, and to maintenance of all plantings;
.
Section 8-2A-6 (C) Transitional Development Area:
(1), "Purpose: To provide an area to accommodate public parking and service to
the Central Business District and serve as an area of future expansion to the
Central Business District as market demands grow.";
(2)(d), "Shall be designed so that at least seventy percent (70%) of the building's
ground level, street facing facades are constructed to abut and be oriented to a
public sidewalk or plaza.";
(3)(e), "The City encourages developing outdoor use and/or strong visual ties on
properties along the Eagle Drain to preserve its natural resource, visual features
and possible recreational value.";
(4)(a), "Continuous front parking areas (off-street) along State Street and Eagle
Road is not permitted.";
(5), "Applicant shall provide urban streetscape treatment with ten foot (10') wide
sidewalks, with curbs and gutters and "bulb-outs" at all intersections excluding
Eagle Road. Streetscape improvements will include, street trees, pedestrian
lighting, and furnishings. A modified streetscape may be approved where
appropriate by utilizing eight foot (8') wide sidewalks plus a ten foot (10') wide
park strip with street trees, pedestrian lights and lawn. Furnishings shall be used
sparingly in the public right of way in this District and may include benches,
planters, and waste receptacles, located primarily at intersections. Private
development is encouraged to provide additional furnishings within the required
setbacks." Examples are shown on Exhibits A-2 through A-13 which are attached
to the Design Review Ordinance.
(6)(c). Extensions ofIdaho Street and 1st Street for vehicular and pedestrian use
should be considered.
DISCUSSION:
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.
The proposed restaurant with drive-thru is designed with the drive-thru lane running
between the building and Eagle Road. This design provides adequate on site
circulation for the drive-thru. However, the requirement for at least seventy percent
(70%) of the building's ground level, street facing facades to be constructed to abut
and be oriented to a public sidewalk or plaza will not be practical with this proposal.
The applicant is proposing a plaza area, near the Eagle Drain, that is connected to this
site with a sidewalk. Staff believes that the plaza along the drain is a better planning
feature than abutting the building in this case, and is in accordance with the code
requirement to encourage passive/visual amenities along the drain.
.
The applicant should be required to provide a berm, with a 3 to I slope, between the
drive-thru lane and the two roads (Eagle Road and the new east/west roadway). The
berm should be heavily landscaped to provide screening of the vehicles, and to block
the headlights from shining toward oncoming traffic on each of the two roads. The
applicant should be required to obtain a license agreement from ACHD for any
berming and/or landscaping within the right-of-way. A landscape plan should be
submitted as a part of the design review for this site, showing the details of berming
and landscaping along Eagle Road and the new east/west roadway.
. The southerly two parking spaces on each side of the east driveway, and the southerly
three parking spaces at the west driveway, along the new east/west roadway should be
eliminated or should be designated as "Employee Parking Only" (Employee parking
spaces will not be actively used).
.
The Design Review Ordinance suggests that the City should consider extending First
Street for vehicular and pedestrian circulation. Staff does not believe that an
extension of First Street for vehicles would be appropriate because if First Street were
extended through this site the distance from Eagle Road and Second Street would be
approximately 300-feet. This would not meet Eagle City Code Section 9-3-4
requiring a minimum of 500-feet for a block length and would cause intersection
conflicts for left turns and queuing between the three streets.
However, the need for a pedestrian/bicycle connection is more feasible and would
provide a nice amenity to the area. The applicant has agreed to provide a $4,800.00
cash deposit to the City for one half of the cost of a future 8- foot wide
pedestrian/bicycle bridge connecting First Street to this site's east/west pedestrian
easement along the Eagle Drain. The bridge could be constructed if and when the site
at the end of First Street is redeveloped.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommended approval with
the site specific conditions of approval and the standard conditions of approval provided
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within the report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning
Commission on February 24, 1997, at which time testimony was taken and the public hearing
was closed. The Commission made their recommendation at that time.
B. No oral testimony in opposition to this proposal was presented to the Planning and
Zoning Commission.
C. Oral testimony in favor of the application was presented by the applicant's representative
and one other individual before the Planning and Zoning Commission who were in favor of the
proposed commercial complex, and restaurant with drive-thru within the commercial complex,
for the following reasons: The proposed conditional use will encourage development and
business activity within the downtown; provides pedestrian amenities, plazas, and other design
features which are in accordance with the design review ordinance; adequate on and off site
circulation are provided; the proposal is not detrimental to existing uses and will not place a
burden on utilities.
COMMISSION DECISION:
The Commission unanimously recommended approval of these two conditional use permits, one
for a commercial complex, and another for a restaurant with drive-thru within the commercial
complex, with the site specific and standard conditions of approval shown within the March 3,
1997, Findings and Conclusions of the Commission.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 25, 1997,
at which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B.
No oral testimony in opposition to this proposal was presented to the City Council.
C. Oral testimony in favor of the application was presented by the applicant's representative
who was in favor of the proposed commercial complex, and restaurant with drive-thru within the
commercial complex, for the following reasons: The proposed conditional use will encourage
development and business activity within the downtown; provides pedestrian amenities, plazas,
and other design features which are in accordance with the design review ordinance; adequate on
and off site circulation are provided; the proposal is not detrimental to existing uses and will not
place a burden on utilities.
D.
Written testimony from Mr. And Mrs. Walker, in favor of the proposal, was read into the
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record.
COUNCIL DECISION:
The Council unanimously approved these two conditional use permits, one for a commercial
complex, and another for a restaurant with drive-thru within the commercial complex, with the
site specific and standard conditions of approval below:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide a 48" high berm, with a 3 to 1 slope, between the drive-thru lane and the two roads
(Eagle Road and the new east/west roadway). (If a retainer wall is needed the wall shall be
reviewed and approved as a part of the design review for the site.) The berm shall be heavily
landscaped to provide screening of the vehicles, and to block the headlights from shining
toward oncoming traffic on each of the two roads. The applicant shall be required to obtain a
license agreement from ACHD for any berming and/or landscaping within the right-of-way.
A landscape plan shall be submitted, as a part of the design review for this site, showing the
details of berming and landscaping along Eagle Road and the new east/west roadway.
2. The southerly two parking spaces on each side of the east driveway, and the southerly three
parking spaces at the west driveway, along the new east/west roadway shall designated as
"Employee Parking Only".
3. Provide the City with a recorded cross access agreement for the site to the east to use this
parcel for access to the public streets. The City intends to require the developer of the parcel
to the east to provide an easement for access to the public streets across that site when that
site is proposed for development.
4. The CC&R's for this site shall require the owners of this commercial complex to maintain
the pathway and plazas along the Eagle Drain and maintain any landscaping within the right-
of-way abutting this site including the street trees and landscape strips between the sidewalk
and the curb. A public use easement shall be recorded for the pathway/plaza area, or shall be
noted on any final plat if the site is subdivided.
5. Provide a $4,800.00 cash deposit to the City for one half of the cost of a future 8-foot wide
pedestrian/bicycle bridge connecting First Street to this site's east/west pedestrian easement
along the Eagle Drain. The City intends to require the bridge to be constructed if and when
the property, which is at the south end of First Street abutting this site, is redeveloped in the
future.
6. Trees #1, 8, 9, 15, 18, (and 14 if possible) shall preserved as recommended by the Arborist
(see site plan with trees numbered - attached to Arborist report). The landscape island at the
south east corner of the proposed bank shall be modified to preserve tree # 15 (and # 14 if
possible without a conflict with the drive isle).
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7. Approximately nineteen street trees and 45 shade trees shall be required to have a minimum
caliper width of 4 to 5 inches each, to be determined upon design review.
8. Parking lot lighting is shall be reviewed by the City Engineer.
9. A separate design review application is required for any signs.
10. The plaza, to be connected to the drive-thru restaurant with an on-site sidewalk, and the
plaza to be located on the north side of retail pad "B", shall be reviewed and approved as a
part of the design review for this site.
11. Retail pad" A" and the bank shall be provided a front plaza along the east/west roadway. The
plaza shall be reviewed and approved as a part of the design review for this site.
12. Construct a ten foot (10') wide sidewalk (attached to the required curb) along the new
east/west roadway abutting the site. Additional right-of-way may be required.
Improvements shall include, street trees at 35-feet on center, pedestrian lighting at 50 to 75-
feet on center. Final improvement plan to be approved by the Zoning Administrator. The
sidewalk may be decreased to five feet in width at the existing tree located near the
intersection of the new east/west roadway and Eagle Road.
13. Provide an eight foot (8') wide sidewalk, plus a ten foot (10') wide park strip with street trees
located a minimum of 35-feet on center and pedestrian lighting at 50 to 75-feet on center
along Eagle Road abutting the site. Final improvement plan to be approved by the Zoning
Administrator
14. Minor site modifications shall be permitted if approved as a part of any design review for the
site.
15. City approval for a rezone shall be required.
16. Provide the City with the final approval from ACHD.
17. Provide the City with a letter of approval from the drainage ditch company (Eagle Drain).
18. Provide the City with a letter from the Sewer District which states that they WILL provide
sewer service to this site.
19. No construction trucks or commercial delivery trucks shall be allowed on 2nd Street. During
construction, signs, approved by the Zoning Administrator, shall be placed on the site stating
that construction trucks shall use Eagle Road and shall not be permitted to use 2nd Street. The
CC&R's for the development shall require all business owners to notify delivery service
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representatives that commercial delivery trucks shall use Eagle Road and shall not be allowed
on 2nd Street until and if 2nd Street is approved for commercial use by the City.
20. The driveway on Eagle Road shall be designed to prohibit left turns exiting the development
onto Eagle Road.
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.
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The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement, and no runoff shall cross
any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
9.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer (if applicable) prior to issuance of any building permits or Certificate
of Occupancy, whichever occurs first. All construction shall comply with the City's
specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the
purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
10.
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
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11.
12.
13.
14.
15.
the light away from the adjoining property.
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.
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. "
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..
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
(ie; 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.
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.
b.
c.
d.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
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.
16.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
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17.
18.
19.
20.
21.
22.
23.
24.
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.
Basements in the flood plain are prohibited.
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.
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.
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.
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.
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.
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).
CONCLUSIONS OF LAW:
1. The applications for these items were received by the City of Eagle on January 16, 1997.
2. Notice of Public Hearing on both of these applications for the Eagle Planning and Zoning
Commission were published in accordance for requirements of Title 67, Chapter 65, Idaho
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Code and the Eagle City ordinances on January 31, 1997. Notice of these public hearings
were 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 24, 1997. Requests for agencies' reviews were transmitted on January
17, 1997 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 7, 1997. 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 28,
1997.
3. The Council reviewed the particular facts and circumstances of the proposed conditional uses
(CU-2-97 & CU-I-97) in terms of Eagle City Code Section 8-7-3-2, "General Standards For
Conditional Uses" and has concluded that the proposed conditional uses:
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, as interpreted to be
similar in use as a shopping mall, and as designated as a drive thru restaurant;
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 fmdings provided within this document), with
the conditions provided within this document;
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
because the applicant is following the design review ordinance requirements and
intends to comply with all City requirements regarding such;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses, as no
residents voiced concern in the public hearing, and since the future of the area is
to be commercial according to the comprehensive plan;
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;
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F.
ATTEST:
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community, since the applicant will bear all costs of development and since the
development is expected to provide additional business opportunities which will
compliment the downtown (as required by the comprehensive plan) rather than
create another downtown business center;
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 the
ACHD and since the development is not expected to generate any 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 as approved by
the ACHD and as conditioned by the City; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance, since the development incorporates several of the
existing trees and provides pedestrian amenities along the Eagle Drain.
DATED this 8th day of April, 1997.
CITY COUNCIL
OF THE CITY OF EAGLE
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