Findings - PZ - 1998 - CU-1-98 - 3,000 Sq Ft Bank With Drive Thru
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A BANK )
WITH DRIVE- THRU FOR ZAMZOW'S COMPANY)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-1-98
The above-entitled conditional use permit application came before the Eagle Planning and
Zoning Commission for their recommendation on June 15, 1998. The Eagle Planning and
Zoning Commission having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
B.
PROJECT SUMMARY:
Zamzow's, represented by BRS Architects, is requesting a conditional use permit
for a 3,000 sq. ft. bank with drive-thru. The 2.43-acre site located on the
northwest comer of State Highway 44 and S. Eagle Road at 435 S. Eagle Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 14, 1998.
C.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter
65, Idaho Code and the Eagle City ordinances on May 29, 1998. Notice of this
public hearing was mailed to property owners within three-hundred feet (300-feet)
of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on May 29, 1998. Requests for agencies'
reviews were transmitted on May 15, 1998 in accordance with the requirements of
the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: Rezone (RZ-4-98) & Variance (V-I-98)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business C-l (Neighborhood Vacant
District & Publici Business District) & CBD
Semi-Public (Central Business District
- if approved)
Proposed No Change No change Bank with drive-thru and
a Zamzow's retail store
North of site Central Business R-4 (Residential) Residences
District
South of site Publici Semi-Public C-l (Neighborhood State Highway 44 and
and commercial Business District) Channel Center
Commercial subdivision
East of site Central Business CBD-DA (Central Albertson's with non-
District & Publici Business District with conforming fuel island
Semi-Public Development Agreement) and vacant land
& A (Agriculture)
West of site Central Business R-4 (Residential) Vacanti Residences
District & Medium
Density Residential (4-
units per acre
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development
Area).
H.
EXISTING SITE CHARACTERISTICS:
The site is predominantly vacant with three existing trees located near the
northeast comer of the site.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 2.43-acres .05-acres (minimum)
Percentage of Site Devoted 12.7% 20% (minimum)
to Building Coverage (13% ifV-1-98 is approved as
recommended by staff)
Percentage of Site Devoted Over 10% 10%
to Landscaping
Number of Parking Spaces 55-spaces 54-spaces
Front Setback 25-feet 20-feet (min)
Rear Setback 240-feet O-feet
Side Setback (norht) 85-feet 10-feet (min)
Side Setback 20-feet 10-feet (min)
1.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Two buildings: one bank with drive-thru (which is the subject of this requested
conditional use permit) and one retail garden shop (which is a permitted use).
Height and Number of Stories of Proposed Buildings:
Both buildings are one story and will be less than the 35-foot maximum height
requirement.
Gross Floor Area of Proposed Buildings:
3,000 square foot bank with drive-thru (which is the subject of this requested
conditional use permit) and 9,000 square foot retail garden shop (which is a
permitted use).
On and Off-Site Circulation:
The site is provided with one driveway on Eagle Road. On-site circulation
appears to meet minimum parking lot dimensional requirements. Specific review
will be done when an application for design review is submitted.
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K.
L.
M.
N.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters have been received by Central District Health, Eagle
Sewer District and Eagle Fire District. Approval from the water company having
jurisdiction will be required prior to issuance of a building permit.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Yes - 100 year floodplain
Evidence of Erosion - no
Fish Habitat - no
Floodplain-YES
Mature Trees - YES
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to
the rezone staff report (RZ-4-98). Comments which appear to be of special
concern are noted below:
Ada County Highway District
Central District Health
Eagle Fire District
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each
proposed Conditional Use in terms of the following standards and shall find adequate
evidence showing that such use at the proposed location:
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A.
B.
C.
D.
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;
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);
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;
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 WITIDN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. LAND USE
This area is shown on the Land Use Map ofthe Comprehensive Plan as "CBD
(Central Business District)". The "CBD (Central Business District)" section of
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the "Land Use" chapter ofthe Comprehensive Plan states, "To accommodate and
encourage further expansion and renewal in the historical core business area of the
community. A variety of business, public, quasi-public, cultural, residential and
other related uses are encouraged. The greatest possible concentration of retail
sales and business is to occur in this land use category. Pedestrian friendly uses
and developments are encouraged. Land within this district requires a CBD
zoning designation."
. COMPREHENSIVE PLAN LAND USE MAP
Shows the property where the bank is proposed to be located as publiclsemi
public.
B.
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
. Eagle City Code Section 8-7-3-2 "GENERAL STANDARDS FOR CONDITIONAL
USES" required finding "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.
DESIGN REVIEW ORDINANCE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL: (Not being reviewed at this time)
D.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (n/a)
E.
DISCUSSION:
. The proposed bank with drive-thru is not in accordance with the specific objective of
the Comprehensive Plan because of the following two reasons:
1. The site plan shows most of the bank facility placed within the area shown on
the Comprehensive Plan Land Use Map as "Public/Semi-Public"; and
2. The remaining portion of the bank facility is on land shown on the
Comprehensive Plan Land Use Map as CBD (Central Business District). The
plan specifically states, "Land within this district requires a CBD zoning
designation". The zoning designation of this land is C-l.
Therefore, the requested conditional use permit should be denied since required
finding "B" of Eagle City Code Section 8-7-3-2 "GENERAL STANDARDS FOR
CONDITIONAL USES" cannot be met.
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.
Other than the landscape area shown on Comprehensive Plan to be PubliclSemi Public
as depicted on Exhibit "A" attached to variance request V -1-98, the remaining
buffer/landscape area along the Alternate Route (approximately 50-feet in width)
should be determined upon review of any Design Review application for this site.
A pathway extending west from Eagle Road in this location is not practical because
there are existing residential developments to the west which would block the
pathway. There is a pathway on the south side of the alternate route in this location.
Since the landscape/buffer area along the alternate route was planned for a pathway,
as well as a landscape/buffer area, staff believes that the width should be reduced
upon review of any development proposed for this site (as a design review) since the
pathway is not feasible.
. Staff has reviewed the particular facts and circumstances of this proposed conditional
use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for
approval of a conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 for the C-I zoning district since a bank with a
drive-thru is shown as needing approval of a conditional use permit in the
C-I zoning district on the "Official Schedule of District Regulations" chart
of that section;
B. Will not be harmonious with and in accordance with specific objectives of the
Comprehensive Plan because of the following two reasons:
1. The site plan shows most of the bank facility placed within the area
shown on the Comprehensive Plan Land Use Map as "Public/Semi-
Public"; and
2. The remaining portion of the bank facility is on land shown on the
Comprehensive Plan Land Use Map as CBD (Central Business
District). The plan specifically states, "Land within this district
requires a CBD zoning designation". The zoning designation of this
land is C-I.;
C.
Will not be designed and constructed to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity
because the design puts the building on a portion of the site that the
Comprehensive Plan designates as a publici semi public area. This area is
also shown for the other two undeveloped comers and is to add a sense of
openness and beauty to the most viewed and most aesthetically significant
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intersection of the City. Such use will change the essential character of the
area by taking away the visual beauty and replacing it with a building with
drive-thru stacked with idling cars;
D.
Will not be hazardous or disturbing to existing or future neighborhood
uses since the area is developing as commercial;
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 is responses received by agencies
providing the public 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 since the area is planned for commercial and since
expected commercial tax revenues will pay for needed public services;
G.
Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors because this is a high traffic area which
anticipates commercial uses and since the design review requirements will
address issues such as glare. The only exception with regard to
detrimental results is that drive-thrus result in additional vehicle emissions
from idling cars;
H.
Will have vehicular approaches to the property which are designed as not
to create an interference with traffic on surrounding public thoroughfares
as shall be approved by the highway district having jurisdiction; and
I.
Will result in the loss of a scenic feature of major importance - the scenic
beauty of the most viewed and most aesthetically significant intersection
of the City.
.
Staff believes that the City may state that the actions the applicant could take to
obtain a permit would be to submit a new application;
I. Showing the minimum lot coverage required (reduced from 20% to 13% if the
requested variance, V -1-98, is approved as staff has recommended);
2. Complying with any conditions of variance V -1-98 (if approved);
3. Moving the bank off the public/semi public part of the property;
4. Moving the bank to the CBD portion of the property (or requesting a rezone
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from C-l to CBD for the south portion of the property; and
5. Complying with any design review and other City Code requirements.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the proposed
conditional use permit.
If the City approves the conditional use application staff recommends the site specific and
standard conditions of approval within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 15, 1998, 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 by three individuals before the
Planning and Zoning Commission. They voiced concerns regarding the driveway location,
bank building location, excessive noise, lights, and vehicle activity because of the drive-thru.
They felt their property values and lifestyle would be impacted by the bank with the drive-
thru. One person stated that his bedroom window faces this site. The opponents wanted the
City to adhere to their requirements for the on-site landscaping and public/semi-public space
required by the Comprehensive Plan.
C. Oral testimony in favor of the application was presented by no one before the Planning and
Zoning Commission
COMMISSION DECISION:
The Commission voted 5 to 0 to recommended approval of CU-1-98 for a conditional
use permit for a 3,000 sq. ft. bank with drive-thru. Text shown with strike-thru was
deleted from staff s recommendations and text shown with underline was added to staff s
recommendations.
SITE SPECIFIC CONDITIONS:
1. Only the use (bank with drive-thru) is approved. The property is subject to the conditions of
design review. A berm, such as was required around the McDonald's drive-thru at Eagle
Road and Plaza Street will be required around the bank drive-thru.
2. Coordinate landscaping along the Ballantyne Canal Company's easement with that company
and the City.
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3. Comply with the conditions of approval for the variance for this site (V -1-98).
STANDARD CONDITIONS:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the
highway district having jurisdiction shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall
be secured prior to issuance of building permit or Certificate of Occupancy, whichever
occurs first.
4.
Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources shall be submitted to the City prior to
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
6.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance
of any building permits or Certificate of Occupancy, whichever occurs first. A copy of
the construction drawing(s) shall be submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a 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
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8.
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.
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
the light away from the adjoining property.
11.
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.
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12.
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. "
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 PathwaylGreenbelt
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.
14.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City PathwaylGreenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
15.
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.
17.
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
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18.
19.
20.
21.
22.
23.
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.
24.
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 application for this item was received by the City of Eagle on May 14, 1998.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission
was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the
Eagle City ordinances on May 29, 1998. Notice of this public hearing was mailed to
property owners within three-hundred feet (300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 29,
1998. Requests for agencies' reviews were transmitted on May 15, 1998 in accordance with
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the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of the proposed conditional
use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for
approval of a conditional use), has made the following conclusions:
The proposed conditional use;
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the C-l zoning district since a bank with a drive-thru is
shown as needing approval of a conditional use permit in the C-l zoning district
on the "Official Schedule of District Regulations" chart of that section;
B. Will be harmonious with and in accordance with specific objectives of the
Comprehensive Plan because the following two issues are the only
Comprehensive Plan provisions that appear to be of concern and the Commission
has addressed those issues as noted herein:
1. The site plan shows most of the bank facility placed within the area shown
on the Comprehensive Plan Land Use Map as "Public/Semi-Public" but
the Commission believes that landscaping within the right-of-way and a
20-foot wide minimum on-site landscape strip is sufficient for landscaping
in this location; and
2. The remaining portion of the bank facility, which is on land shown on the
Comprehensive Plan Land Use Map as CBD (Central Business District -
in which the plan specifically states, "Land within this district requires a
CBD zoning designation") should be approved in the existing C-l zoning
designation since that designation would also allow a bank with drive-thru
if a conditional use permit was approved.;
C.
Will be designed and constructed to be harmonious and appropriate in appearance
with the existing or intended character of the general vicinity because the
Commission believes that the Design Review Ordinance will control the design to
be harmonious and appropriate in appearance with the area and that the
Comprehensive Plan Land Use map, designating the intersection comers a
publiclsemi public area, is to excessive and restrictive in its area.;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is developing as commercial and since the Design Review Board will
most likely require landscape and berming buffers in accordance with Eagle City
Code, and the lighting will be required to be shielded in accordance with Eagle
City Code;
E.
Will be served adequately by essential public facilities such as highways, streets,
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F.
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 is
responses received by agencies providing the public services.
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 area is planned for commercial and since expected
commercial tax revenues will pay for needed public services;
G.
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors because this is a high traffic area which anticipates commercial uses and
since the design review requirements will address issues such as glare. The only
exception with regard to detrimental results is that drive-thrus result in additional
vehicle emissions from idling cars;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as shall be
approved and be restricted by the highway district having jurisdiction; and
I.
Will not result in the loss of a scenic feature of major importance.
DATED this 29th day of June, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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