Findings - PZ - 1998 - CU-6-98 - 4200 Sq Ft Bank With Drive Up Service/480 S. Eagle Rd.
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A BANK
WITH DRIVE-UP SERVICE FOR EAGLE
PAVILION INVESTORS, LLC.
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-6-98
The above-entitled conditional use application came before the Eagle Planning and Zoning
Commission for their recommendation on August 3, 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:
Eagle Pavilion Investors, LLC, represented by Ron Bath, is requesting a
conditional use permit for a 4,200 sq. ft. bank with drive-up service. The 10.2-
acre site is located on the northeast corner of Eagle Road and State Highway 44 at
480 S. Eagle Road.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 18, 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 July 3, 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 July 3, 1998. Requests for agencies' reviews
were transmitted on June 19, 1998 in accordance with the requirements of the
Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS:
RZ-5-98 (Rezone from A to CBD) & PP-4-98 (Eagle Pavilion Sub.)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business A (Agriculture) Vacant
District & Public/Semi-
Public
Proposed No Change CBD (Central Business Commercial Business
District) Center
North of site Central Business CBD-DA (Central Business Commercial Business
District District wi Development & Senior Center
Agreement) & A
(Agriculture)
South of site Publici Semi-Public A (Agriculture) State Highway 44 -
Vacant
East of site Public/Semi-Public & MU (Mixed Use) Vacant
Mixed Use
West of site Central Business C-l (Neighborhood Business Vacant (proposed
District & Publici Semi- District) Commercial Business)
Public
G.
DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development
Area).
H.
EXISTING SITE CHARACTERISTICS: None
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
(FOR ENTIRE SHOPPING CENTER)
Total Acreage of Site 4.2 I-acres 500 sq. ft.
Percentage of Site Devoted to 21.05% 20% (minimum)
Building Coverage 85% (maximum)
Percentage of Site Devoted to Greater than 10% - to be 10% (minimum)
Landscaping reviewed with design review
Number of Parking Spaces 1 62-spaces 137-spaces
Front Setback (Eagle Road) ll0-feet (approx.) 20-feet (minimum)
Rear Setback (East) 50-feet (approx.) O-feet (minimum)
Side Setback (North) 20-feet (approx.) 10-feet (minimum)
Side Setback (State Hwy. 44) 40-feet (approx.) 10-feet (minimum)
Note: The above noted setback distances were calculated from the perimeter property line
boundary of the entire shopping center (from property line to closest building).
1.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One 6,000 sq. ft. building (Bank with drive-thru service) is proposed with this
application. A total of 5 buildings are proposed within Eagle Pavilion Shopping
Center. Separate design review applications will be required for each building
within this development.
Height and Number of Stories of Proposed Buildings:
To be reviewed with design review.
Gross Floor Area of Proposed Buildings: 6,000 sq. ft.
On and Off-Site Circulation:
The site is provided with a shared entry drive (recorded access easement) within
the Albertson's site. On-site circulation appears to meet minimum parking lot
dimensional requirements. Specific review will be done when an application for
design review is submitted.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters have been received by Central District Health, Eagle
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L.
M.
N.
Fire District, Eagle Sewer District, and Eagle Water Company.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - This area is designated a Special Area in the
Comprehensive Plan
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes (lOO-year)
Mature Trees - no
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): (submitted with plat)
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the
rezone staff report (RZ-5-98). Comments which appear to be of special concern
are noted below:
Ada County Highway District
Ada Planning Association (State Highway 44 pedestrian/bicycle crossings needed)
Central District Health
Division of Environmental Quality
Drainage District No.2
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Idaho Transportation Department
Independent School District of Boise City # 1
Q.
LETTERS FROM THE PUBLIC:
The following have responded and their correspondence is attached to the rezone
staff report (RZ-5-98):
Dennis Burt (Albertson's Real Estate Manager) letters dated June 23 & June 25, 1998
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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:
A.
B.
c.
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;
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.
B.
COMPREHENSIVE PLAN PROVISIONS wmCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (Items of concern addressed with the development
agreement) (attached to the rezone staff report RZ-5-98)
ZONING ORDINANCE PROVISIONS wmCH ARE OF SPECIAL CONCERN
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REGARDING THIS PROPOSAL: (None)
DESIGN REVIEW ORDINANCE PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
C.
. Design review application required.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
DISCUSSION:
D.
E.
. The proposed bank with drive-thru is approximately SOD-feet from the Eagle Road/State
Highway 44 intersection. Staff believes such a proposal meets the goal of the City
regarding preserving the openness and beauty of the intersection by not cluttering it up
with drive-thru facilities. The drive-thru lanes are also positioned so lights do not shine
toward on-coming traffic along the abutting roadway (State Highway 44). The bank will
also be buffered from State Highway 44 with a 3S-foot wide landscaped greenbelt.
. 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 CBD zoning district since a Bank with
drive-thru service is shown as needing approval of a conditional use permit
in the CBD zoning district on the "Official Schedule of District
Regulations" chart of that section;
B.
Will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan andlor this title
(Eagle City Code Title 8) since there are no inconsistencies with the
Comprehensive Plan and since an environmental assessment will be
required to mitigate concerns of the of development within a designated
"Hazard Area" (lOO-year floodplain) and since the development will be
required to meet conditions of a design review application and the
development agreement;
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 meet the
requirements of a development agreement;
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D.
E.
Will not be hazardous or disturbing to existing or future neighborhood uses
since the area is planned for commercial uses allowed within the Central
Business District and since the facility is not near any single family
residential uses;
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;
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
as are to be approved by the highway district having jurisdiction; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the only issue is the visual and
aesthetic preservation of one of the most viewed and significant
intersections in the City and since that issue is not compromised because
the proposed bank with drive-thru is approximately SOD-feet ftom the Eagle
Road/State Highway 44 intersection; the drive-thru lanes are also positioned so
lights do not shine toward on-coming traffic along the abutting roadway (State
Highway 44); and the bank will also be buffered ftom State Highway 44 with a
3 5-foot wide landscaped greenbelt.
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 the standard conditions of approval provided
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
August 3, 1998, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
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B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by one individual (an Albertson's representative) who expressed approval of the
application and clarified to be sure only a bank was bank approved with the conditional use
application. .
COMMISSION DECISION:
The Commission recommended approval (4 to 0 - Wilson abstained) for the conditional
use permit for a 4,200 sq. ft. bank with drive-up service for Eagle Pavilion Investors,
LLC, represented by Ron Bath, with the following conditions.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (Bank with drive-up service) is approved. The property is subject to the
conditions of design review.
2. Comply with the conditions of the development agreement.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
andlor 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.
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6.
7.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system andlor 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.
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, 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.
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10.
11.
12.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
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.
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. II
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.
13.
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/Greenbe1t
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 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.
15.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
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16.
17.
18.
19.
20.
floodplain and river protection regulations (if applicable) prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
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.
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.
21.
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.
22.
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.
23.
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 June 18, 1998.
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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 July 3, 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 July 3, 1998.
Requests for agencies' reviews were transmitted on June 19, 1998 in accordance with the
requirements of the Eagle City Code.
3. The Planning and Zoning Commission 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.
B.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the CBD zoning district since a bank with drive-thru service
is shown as needing approval of a conditional use permit in the CBD zoning
district on the "Official Schedule of District Regulations" chart of that section;
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code
Title 8) since there are no inconsistencies with the Comprehensive Plan and since
an environmental assessment will be required to mitigate concerns of the of
development within a designated "Hazard Area" (100-year floodplain) and since
the development will be required to meet conditions of a design review application
and the development agreement;
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 meet the requirements of a development
agreement;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for commercial uses allowed within the Central Business
District and since the facility is not near any single family residential 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 as noted is
responses received by agencies providing the public services;
F.
Will not create excessive additional requirements at public cost for public facilities
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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 as are to be
approved by the highway district having jurisdiction; and
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I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the only issue is the visual and aesthetic
preservation of one of the most viewed and significant intersections in the City and
since that issue is not compromised because the proposed bank with drive-thru is
approximately 500-feet ITom the Eagle Road/State Highway 44 intersection; the drive-
thru lanes are also positioned so lights do not shine toward on-coming traffic along the
abutting roadway (State Highway 44); and the bank will also be buffered ITom State
Highway 44 with a 35-foot wide landscaped greenbelt.
.
DATED this 17th day of August, 1998.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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