Findings - CC - 1999 - CU-2-99 - Cup For 3000 Sq Ft Bank With Drive Up/Cbd/403 S Ea
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A BANK
WITH DRIVE-UP SERVICE FOR SALMON
POINT DEVELOPMENT, INc.
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2-99
The above-entitled conditional use application came before the Eagle City Council for their
action on July 13, 1999. 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:
Salmon Point Development Inc., represented by Ron Bath, is requesting a
conditional use permit for a 3,000-square foot bank with drive-up service within
the CBD (Central Business District). The 0.34-acre site is located on the west
side of Eagle Road approximately 400-feet north of State Highway 44 at 403
South Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 1, 1999.
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 April 14, 1999. 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 April 16, 1999. Requests for agencies'
reviews were transmitted on April 2, 1999 in accordance with the requirements of
the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: RZ-3-99 & LS-4-99
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District R-4 (Residential) Residence
Proposed No Change CBD (Central Business Commercial Use
District)
North of site Central Business District R-4 (Residential) Residences
South of site Central Business District CBD (Central Business Proposed Zamzow's
District) and Primary Health
facility
East of site Central Business District CBD-DA (Central Albertson's and Eagle
Business District with Pavilion Commercial
development agreement) Subdivision
West ofsite Medium Density R-4 (Residential) Residences
Residential (4-units per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: TDA (Transitional Development Area).
H.
EXISTING SITE CHARACTERISTICS:
A single-family residence is currently located on the site.
proposed to be removed.
The residence is
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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .34-acres (15,070 sq. ft.) 500 sq. ft. (minimum)
Percentage of Site Devoted to 20% (approx.) 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 120-spaces (proposed for entire 12-spaces
development)
Front Setback (east) 10- feet (approx.) 10-feet (minimum)
25-feet (maximum)
Rear Setback (west) 70-feet (approx.) O-feet (minimum)
Side Setback (north) lO-feet (approx.) 10-feet (maximum)
Side Setback (south) 10- feet (approx.) 10-feet (maximum)
Note: The above site data is based upon a CBD zone.
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One 3,000 square foot building (Bank with drive-up service) is proposed with this
application. A total of 6 buildings are proposed within the Ballantyne commercial
development (not a part of this application). Separate design review applications
will be required for each building within this development.
Height and Number of Stories of Proposed Buildings:
Height to be determined with design review application; one story.
Gross Floor Area of Proposed Buildings: 3,000 square feet
On and Off-Site Circulation:
The site is proposed to gain access to Eagle Road via a shared entry drive
(recorded access easement) within the Zamzow's site to the south. 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
Fire District, and Eagle Sewer District.
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L.
M.
N.
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 Hazard Area and
Special Area in the Comprehensive Plan
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes (100-year)
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.
Comments which appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Division of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
EM2
Farmers Union Ditch Co.
Q.
LETTERS FROM THE PUBLIC:
Tree evaluation report from Jerry Stallsmith (Certified Arborist), dated April 17,
1999, is attached.
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.
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
1.
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.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
SECTION: "HAZARD AREAS"
The 100-year floodplain of the Boise River and Dry Creek, as now and in the
future defined by the Federal Emergency Management Association maps,
constitutes the natural hazard areas within the City and Impact Area. Additional
hazard areas may be added to the Comprehensive Plan when deemed necessary.
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B.
E.
POLICIES AND GOALS
I. To protect the health and safety of Eagle residents while offering varied open
space uses.
.
SECTION: CENTRAL BUSINESS DISTRICT
The special review process will include, but will not be limited to, the following:
6. Vehicle access and traffic circulation
7. Sidewalks, pathways and pedestrian access
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
DISCUSSION:
.
As noted in the attached arborist report, there are nine trees existing on this site with a
total value of $176,331.00. The applicant is proposing to retain most of the existing
trees, however, due to site design constraints combined with City code requirements,
the applicant is requesting City approval to remove the eastern most oak tree that is
existing on-site. Eagle City code requires that buildings located within the TDA
(Transitional Development Area) have a minimum front setback of 10-feet and a
maximum front setback of 25-feet. The purpose of these restricted setbacks is to
require the buildings to be close to the roadway so as to provide a "boardwalk" effect
for a pedestrian friendly environment. If the eastern most oak tree were required to
remain on-site, then the building would have to be shifted or setback from the front of
the site approximately 120-feet to the west greatly changing the proposed "look" or
design proposed for this area. Staff believes that requiring new buildings in this area
(specifically this building) to be constructed "up front" along the roadway is
instrumental in beginning a pattern that will continue into the downtown core.
Staff has worked extensively with the applicant to re-design this site so as to be able
to save all trees, however, all of the alternative site layouts were either dysfunctional
regarding parking, driveways, building orientation, etc. or they didn't comply with
City code. Staff believes that the proposed plan (showing the removal of one tree)
will allow for a functional and pedestrian friendly development which benefits both
the public and the developer while at the same time sets a distinctive precedent that
will facilitate the location of new buildings in this area to be "up front" near the street.
.
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
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B.
drive-up 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;
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 be required to meet
the conditions noted herein but will also be required meet the City's
design review requirements;
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 adequate buffers will be installed
between commercial and residential uses per the requirements of Eagle
City Code;
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 or as conditioned herein;
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
1.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the only items that fit this
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category are the exiting trees and if any of the existing trees are permitted
to be removed then they must be replaced with equivalent caliper
replacement trees as may be required by the Design Review Board.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date and if the Design Review Board
permits the removal of the eastern most existing oak tree, staff recommends approval
with the site specific conditions of approval and the standard conditions of approval
provided below.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
May 17, 1999, 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 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 no one (not including the applicant).
D. Oral testimony neither in favor nor against this proposal was presented to the Planning and
Zoning Commission by three (3) individuals with concerns regarding car headlights shining
onto abutting residential properties, whether or not two story buildings are proposed, location
of windows in two story buildings, safety concerns regarding pedestrians crossing the drive-
up window stacking isle, and the type buffer areas proposed between the proposed
commercial development and the residential properties to the west requesting that evergreens
be used.
COMMISSION DECISION:
The Commission voted 4-0 (Wilson abstained) to recommend approval for the
conditional use permit for a 3,000 sq. ft. bank with drive-up service for Salmon Point
Development, Inc., represented by Ron Bath, with the site specific and standard
conditions of approval within the Commission's Findings of Fact and Conclusions of
Law document dated May 24,1999.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on July 13, 1999,
at which time testimony was taken and the public hearing was closed. The Council made
their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not
including the applicant and his representative).
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COUNCIL DECISION:
The Council voted 4-0 to approve CU-2-99 for a conditional use permit for a 3,000 sq. ft.
bank with drive-up service for Salmon Point Development, Inc., represented by Ron
Bath, with the following site specific and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Provide the City with copies of cross-access easements with the parcels to the west, north and
south. The easements shall be recorded in the recorders office of Ada County.
2. A design review application for the entire Ballantyne commercial development shall be
required to be reviewed and approved by the Design Review Board prior to issuance of any
building permits for this site.
3. Sixteen paved parking spaces shall be constructed prior to issuance of any occupancy permits
for the bank.
4. The applicant shall submit payment to the City for arborist consulting fees in the amount of
$475.00 prior to issuance of any building permits.
ST ANDARD 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
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drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance
of any building permits or Certificate of Occupancy, whichever occurs first. A copy of
the construction drawing(s) shall be submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement, and no runoff shall cross
any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is issued.
8.
No ditch, pipe or other structure or canal, 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.
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10.
11.
12.
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. "
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 PathwaylGreenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
PathwaylGreenbelt 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.
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20.
21.
22.
23.
24.
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
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
18.
Basements in the flood plain are prohibited.
19.
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 waiverlvariance 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 application for this item was received by the City of Eagle on April 1, 1999.
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 April 14, 1999. Notice of this public hearing was mailed to
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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 April 16,
1999. Requests for agencies' reviews were transmitted on April 2, 1999 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 June 23, 1999. 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 June 28, 1999.
3. The Council 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-up 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;
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 be required to meet
the conditions noted herein but will also be required meet the City's
design review requirements;
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 adequate buffers will be installed
between commercial and residential uses per the requirements of Eagle
City Code;
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
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F.
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 or as conditioned herein;
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
1.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since the only items that fit this
category are the exiting trees and if any of the existing trees are permitted
to be removed then they must be replaced with equivalent caliper
replacement trees as may be required by the Design Review Board.
DATED this 3rd day of August, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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