Findings - CC - 1999 - CU-5-99 - Cup 5000 Sq Ft Bank/Drive Up/468 S Rivershore Ln
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A BANK
WITH DRIVE-UP SERVICE FOR WASHINGTON
MUTUAL
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-5-99
The above-entitled conditional use application came before the Eagle City Council for their
action on October 12, 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:
Washington Mutual, represented by Martin Hill with Callison Architecture, Inc.,
is requesting a conditional use permit for a 5,000-square foot bank with drive-up
service within Channel Center Subdivision located at 468 S. Rivershore Lane.
The site is located on the southwest corner of new State Highway 44 and Eagle
Road..
B.
APPLICATION SUBMITTAL:
The City of Eagle received the application for this item on July 14,1999.
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 August 18, 1999. Notice ofthis
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 August 23, 1999. Requests for agencies'
reviews were transmitted on July 15, 1999 in accordance with the requirements of
the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: DR-33-99
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-l (Neighborhood Vacant lot within
Business District) Channel Center
Commercial Subdivision
Proposed No Change No Change Washington Mutual
Bank with Drive-up
Service
North of site PublicI Semi-Public C-1 (Neighborhood State Highway 44
Business District)
South of site Commercial C-1 (Neighborhood Chevron Gas Station &
Business District) Car Wash
East of site PublicI Semi-Public A (Agricultural) VacantI Farm ground
Proposed Eagle River
Development
West of site Commercial C-1 (Neighborhood Dentist Office
Business District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The site is part of the Channel Center Commercial Subdivision. Seven mature trees are
existing on the site.
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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.34-acres 0.05-acres
Percentage of Site Devoted to 8.8% 50% (maximum)
Building Coverage
Percentage of Site Devoted to Greater than 10% - to be 10% (minimum)
Landscaping reviewed with design review
Number of Parking Spaces 33-parking spaces 26-parking spaces
Front Setback (south) 90-feet (approx.) l5-feet (minimum)
Rear Setback (north) 88-feet (approx.) 40-feet (minimum)
(per plat condition)
Side Setback (east) 84-feet (approx.) 40-feet (minimum)
(Per plat condition)
Side Setback (west) 48-feet (approx.) 15-feet (minimum)
(per plat condition)
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building, bank facility with drive-up service.
Height and Number of Stories of Proposed Buildings: 22-feet high, one story.
Gross Floor Area of Proposed Buildings: 5,200-square feet (including drive-up window).
On and Off-Site Circulation:
A 14,000-square foot (approx.) paved parking lot provides parking and queuing
for vehicles using this site. Two driveways located on the western portion of the
site provide access to South Rivershore Lane.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department, Eagle Fire
Department, and Eagle Sewer District have been received by the City. A water
service approval has not been received to date. Approval ofthe water company
having jurisdiction will be required prior to issuance of a building permit.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
o.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes - see attached report from Arborist Consulting Services
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC:
Tree evaluation report from Jerry Stallsmith! Arborist Consulting Services
(Certified Arborist), dated July 25, 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:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8);
C.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area;
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D.
E.
Will not be hazardous or disturbing to existing or future neighborhood 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.
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:
.
SPECIAL AREAS OR SITES
"Special Areas or Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or sites
within the Impact Area should be analyzed according to their defined function.
Whenever possible, these sites should be preserved and conserved as open spaces or
for educational and cultural centers. Development of Special Areas or Sites should
take place in a manner that reflects harmony with their natural environment and
recognized qualities which render them distinctly unique.
POLICIES AND GOALS
1. To promote the conservation and efficient management of all Special Areas and
Sites in addition to open space natural resources within the Impact Area.
2. To protect and maintain soil, water, air, and other natural resources so that they
may be used and enjoyed by all.
3. To preserve existing trees and natural growth wherever practicable and establish
appropriate landscaping as a part of new developments.
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B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. 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);
.
Section 8-2A- 7 (C)(l) - Existing Vegetation:
Retention of Existing Trees: Existing trees shall be retained unless removal is
approved in writing by the City.
. Design review application required.
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 the removal of significant existing trees that could be
easily retained by shifting the building and parking lot slightly to the south.
Specifically, the Scots Pine tree (tree #5 on the attached arborist report and
noted on Exhibit "A") located near the northeast corner of the building
(located in the drive isle area and shown to be removed) provides a balance in
the vegetative look for one of the most visual corners in the City. Without this
24-inch caliper tree in this location, the scenic significance of this corner will
diminish because of the loss of the symmetrical, mature feeling that it
currently provides.
2. The site plan shows the drive-thru being constructed so that it faces the comer
of State Highway 44 and Eagle Road with minimal buffering between the
vehicle oriented use and the public right-of-way. A drive-thru in this location
(only 115-feet from the corner) will create a lack of the open feel and open
view that the City desires for all four corners of the intersection of State
Highway 44 and Eagle Road since this intersection is the gateway to
downtown Eagle and is the most viewed and most aesthetically significant
intersection of the City. In efforts to enhance and protect the City's
downtown area, the City realizes that it is important to have an attractive and
unique entrance into the downtown area. A vehicle oriented use such as a
drive-thru with minimal benn and landscape buffering (as shown on the
submitted site plan) will not facilitate this goal.
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.
. The City previously approved a drive-thru located on the northeast corner of State
Highway 44 and Eagle Road. One of the findings that the City Council made
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regarding the approval of the application was the drive-thru was located a minimum
of SOO-feet away from the intersection (the drive-thru with this application is
proposed to be 11S-feet from the intersection). The City felt that a drive-thru located
this distance from the intersection would not interfere with or detract from the
aesthetic beauty of the intersection. Staff recommends that the City use similar
criteria when evaluating the location of the drive-thru on this site.
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-1 zoning district since a bank with a
drive-thru is shown as needing approval of a conditional use permit in the
C-1 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 the proposal detracts from the scenic
significance at one of the most visual corners of the entrance to the City's
downtown area because of the following:
1. The landscape plan shows the removal of trees that, if removed, will
greatly detract from the symmetrical beauty and vertical balance of the
corner; and
2. The site plan shows the drive-thru in a location (11S-feet from the
corner) that will detract from the open feel and open view that the City
desires for the four corners of State Highway 44 and Eagle Road.
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 eliminates existing, mature trees and puts the drive-thru
on a portion of the site that is so close to the intersection of State Highway
44 and Eagle Road (11S-feet) such that it will eliminate the sense of
openness and beauty that is currently associated with the most viewed and
most aesthetically significant 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 a 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
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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 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
1.
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 RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the proposed
conditional use. If, however, the City Council determines that the proposed location of the drive-
thru does not negatively impact the visual desirability of the southwest corner of State Highway
44 and Eagle Road, then staff recommends the conditions noted 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
September 7, 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 subdivision's developer and the applicant and their
representatives) .
COMMISSION DECISION:
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The Commission voted 4-0 (Wilson absent) to recommend approval for the conditional
use permit for a 5,000 sq. ft. bank with drive-up service for Washington Mutual with the
site specific and standard conditions of approval within the Commission's Findings of
Fact and Conclusions of Law document dated September 20, 1999.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on October 12,
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 one individual
(not including the developer of the commercial subdivision or the applicant and their
representatives) who felt that the bank will be an asset to the community.
COUNCIL DECISION:
The Council voted 2-1 (Merrill against, Guerber absent) to approve CU-5-99 for a
conditional use permit for a 5,000 sq. ft. bank with drive-up service for Washington
Mutual, represented by Martin Hill with Callison Architecture, Inc., with the following
site specific and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (bank with drive-thru) is approved. The property is subject to the conditions of
design review. A minimum of 4-feet in elevation between the drive-thru lane and the lowest
point of State Highway 44 and Eagle Road adjacent to the property shall be required for
buffering of the drive-thru lanes. The buffer area shall be landscaped as approved by the
Design Review Board.
2. Design review application DR-33-99 for Washington Mutual Bank with Drive-up service
shall be reviewed a second time by the Design Review Board specifically regarding the
screening of the mechanical structures and to provide more specific design criteria to enhance
the architecture for the roof and the elevations.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District
and/or the Idaho Transportation Department, including but not limited to approval of the
drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the
highway district having jurisdiction shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is
required prior issuance of any building permits or Certificate of Occupancy, whichever
occurs first.
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3.
4.
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.
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
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
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9.
10.
the construction drawing and submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
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.
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.
12.
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.
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13.
14.
15.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or
any other area designated by the City Councilor Eagle City Pathway/Greenbelt
Committee for a path or walkway shall be approved in writing by the Eagle City
Pathway/Greenbelt Committee prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
Conservation, recreation and river access easements (if applicable) shall be approved by
the Eagle City PathwaylGreenbelt Committee and shall be shown on the final plat prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to
floodplain and river protection regulations (if applicable) prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
16.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
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.
20.
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 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.
23.
No change in the terms and conditions of this approval shall be valid unless they are in
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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 July 14, 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 August 18, 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 August
23, 1999. Requests for agencies' reviews were transmitted on July 15, 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 September 22, 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 September 27,
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.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 for the C-1 zoning district since a bank with a
drive-thru is shown as needing approval of a conditional use permit in the
C-1 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 and/or this title (Eagle City Code Title 8) since there
are no inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of a design review
application;
c.
Will be designed and constructed to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity
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D.
E.
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;
Will not be hazardous or disturbing to existing or future neighborhood
uses since the area is developing as commercial;
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 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
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.
Page 14 of 15
\IEAGLENTlICOMMON\Planning DeptlEagle Applications\CU\1999\CU-O5-99 ccfdoc
DATED this 26th day of October, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yza~
ATTEST:
~
Sharon Moore, Eagle City Cle
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Page 15 of 15
IIEAGLENT1ICOMMON\Planning DeptlEagle ApplicationsICU\1999ICU-OS-99 ccfdoc