Findings - PZ - 2000 - PPUD-2-00/CU-2-00 - Ppud- Fora 4-Pad Site Retail Shopping Center
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR SKYLAND CO. (DBA WINCO FOODS)
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPUD-2-00/CU-2-00
The above-entitled planned unit development preliminary development plan and conditional use permit
applications came before the Eagle Planning and Zoning Commission for their recommendation on July
17, 2000. 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.
PROJECT SUMMARY:
Skyland Co., represented by Billy Ray Strite with BRS Architects, is requesting
preliminary development plan and conditional use approval for a four- pad site retail
shopping center including Winco Foods, Inc. The 14.3-acre site is located at 3101 E.
State Street (located on the southwest corner of State Highway 44 and Horseshoe Bend
Road extended). A prior application for a five-pad site was submitted and approved. On
June 14,2000, the applicant submitted a request for a plan change from the original
approval consisting of an increase in the Winco store size by approximately 14,000 square
feet and the removal of a retail pad. The record from the original hearings is incorporated
herein by reference.
B.
APPLICA nON SUBMITTAL:
The applications for this item was received by the City of Eagle on February 29, 2000 and
subsequently amended by letter received June 15, 2000.
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 March 17, 2000. 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 March 17, 2000. Requests for agencies' reviews were transmitted on March 1,
2000 in accordance with the requirements of the Eagle City Code.
Subsequent to the request for plan modification further notice was made as follows:
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 June 30, 2000. 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 30, 2000. Requests for agencies' reviews were transmitted on June 30,
2000 in accordance with the requirements of the Eagle City Code.
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D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
Under original application site had been previously approved by the Planning and Zoning
Commission for a five pad retail site.
E.
COMPANION APPLICATIONS: N/a
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Mixed Use C-2 (General Business Vacant
District) and
MU (Mixed Use)
Proposed No Change No Change Commercial
North of site Commercial C-3 (Highway Business Commercial
District)
South of site Mixed Use R-4 (Residential) Residences
East of site Outside of Eagle's Area M-U (Garden City's Mixed Vacant
of Impact Use designation)
West of site Mixed Use C-2 (General Business Vacant
District) and
MU (Mixed Use)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 14.3
Total Number of Lots - 3 parcels (developed as one site)
Residential - 0
Commercial - 1
Industrial - 0
Common - 0
Total Number of Units - None proposed with the preliminary Development Plan
Single-family - 0
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre N/a N/a
Minimum Lot Size 14.3-acres (622,908 square MU Zone - 7,000 sq. ft.
feet) C-2 Zone - 1,300 sq. ft.
Minimum Lot Width 1,040-feet (approx.) MU Zone - 50-feet
C-2 Zone - 25-feet
Minimum Street Frontage nla n/a
Total Acreage of Common Area O-acres O-acres
Percent of Site as Common Area 0% 0%
Note: The site is comprised of 3 parcels, however, since the site is being developed as a whole
(one development under single ownership) the above noted site data is based on the site being one
lot.
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The applicant is proposing a 50-foot wide (average) landscape buffer area with pathway
(similar to the buffer area required in ECC Section 8-2A-7 (J)(4)(c) for residential
developments abutting principal arterials) along the southern portion of the site extending
from the southwest corner eastward approximately 400-feet. From this point the pathway
and a reduced buffer area are proposed to extend to the southeast corner of the site. The
applicant is required to submit a master landscape plan for review and approval by the
Design Review Board prior to approval of any final development plans, and landscape
plans for each proposed pad site development are to be reviewed and approved as a part of
any individual design review application.
Open Space:
Eagle City Code does not provide for a minimum area of open space for non-residential
development. However, minimum landscape requirements will need to be met upon
review of individual design review applications for the site. The applicant is providing
over 2.5-acres of land for the landscape areas within the site.
Storm Drainage and Flood Control:
Street drainage plans are required to be submitted by the applicant as required by the
Subdivision Ordinance. Specific drainage system plans are to be submitted to the City
Engineer for review and approval prior to the City Engineer signing the final plat. The
plans are to show how swales, or drain piping, will be developed in the drainage
easements. Also, the CC&R' s are to contain clauses to be reviewed and approved by the
City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either
over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto
another lot except within a drainage easement.
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Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Cross Access:
The applicant is proposing two cross access easements to the property to the west.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff counted approximately 15-mature trees existing on the site. Design Review Board
approval is required prior to the removal of any trees from the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site any historical artifacts are
discovered, state law requires immediate notification to the state.
1.
STREET DESIGN:
Private or Public Streets: No new streets are proposed within this site.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': N/a
Cul-de-sac Design: N/a
Sidewalks:
A 6-foot wide sidewalk is proposed along the northern portion of the site abutting State
Highway 44 and an 8-foot wide pathway is proposed along the southern portion of the site
running along the Dry Creek Canal.
Curbs and Gutters:
Curbs and gutters located in the public right-of-way are to be constructed in accordance
with the requirements of the Ada County Highway District and the Idaho Transportation
Department.
Lighting:
Lighting for the parking areas is required. Location and lighting specifications shall be
provided to the Zoning Administrator prior to the City Engineer signing the final plat.
Street Names: N/a
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways and Bike Paths: (See comments under sidewalks above.)
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L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes (500-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:
City Engineer: All comments within the Engineer's letter dated March 8, 2000, are of special
concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Q.
LETTERS FROM THE PUBLIC: None received to date
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states that construction is proposed to begin within approximately 18-months after
approval and the entire project is to be phased over a 5-year (approx.) period.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
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3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
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.
5. That the development 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.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
8. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
9. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential identity.
h. Promote additional employment opportunities and expand the economic base by a)
encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with adequate
commercial services and facilities.
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
12.3
Entry Corridors
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Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and
55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial
signage and building character provide the first, and oftentimes the most lasting
impressions of the entire community. The City of Eagle has the responsibility to guide
development and redevelopment that occurs along these entryway corridors.
Design review procedures should guide future development and redevelopment of existing
uses. Depending on land uses and buildings, more extensive landscaping and fewer points
of access may be required. The design review process will afford the opportunity to
address the special features of each property and facility in a manner that will best address
the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on
the look of berms built adjacent to the Banbury and Lexington Hills Subdivisions.
.
LAND USE MAP - MIXED USE - All of this site is within the area designated as Mixed Use.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Eagle City Code Section 8-6-6-3 - Requires all final development plans to be reviewed by the
Planning and Zoning Commission as well as the City Council.
.
The zoning on the northern half of the site is C-2 (General Business District) and the zoning on the
southern half of the site is MU (Mixed Use). A shopping center (as proposed with this site)
requires a conditional use permit in both MU and C-2 zones.
.
ECC Section 8-6-5-5: ARRANGEMENT OF COMMERCIAL USES:
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the project
attractive and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
D. DISCUSSION:
.
Staff believes that a shopping center with a large single entity anchor business (Winco Foods)
located in this area will compliment the downtown (as encouraged within the Comprehensive
Plan). A use such as the proposed food and beverage sales will act as a destination location for
many consumers outside of the City of Eagle. It is staff s opinion that the way this use will
compliment the downtown is that it will attract new consumers to Eagle. It is then possible that
these consumers will venture into the downtown and discover a quaint shopping environment
(downtown businesses) that they may have never been exposed to if it weren't for the addition of a
new, larger businesses that adds to a community's desirability and retail depth that many people
seek. Therefore, staff recommends that the proposed 78,000 square foot (approx.) anchor building
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plus and additional 14,000 square foot (approx.) increase as requested, be allowed, however, the
conditional use permit should limit the use to food and beverage sales as proposed (as defined in
Eagle City Code Section 8-1-2). If the use were proposed to change in the future then a new
conditional use permit would be required to assure any new use would comply with the
Comprehensive Plan and Eagle City Code.
.
Final development plans should be reviewed as "New Business" items and not as "Public
Hearing" items unless the City determines that any difference between the preliminary
development plan and final development plan needs additional public comment because of
possible impacts to surrounding property owners or the community. If the City determines that a
public hearing should be held on the final development plan, notice should be provided for (as was
required for the preliminary development plan).
.
It is not shown on the plan, however, the applicant has stated that cross access will be provided to
the property to the west. The applicant should be required to provide a revised preliminary
development plan showing the proposed cross access driveway locations (minimum of two) for
review and approval by staff prior to the City processing the final development plan application.
.
The portion of the buffer area located along the south side of the Winco building extending from
the southwest corner eastward approximately 400-feet should be constructed as outlined in ECC
Section 8-2A-7 (J)(4)(c), which is the buffer area required between new residential developments
and principal arterials. Design Review Board approval of this buffer area (including all other
landscaped areas within the site) will be required prior to the City processing the final
development plan application.
.
Staff has reviewed the particular facts and circumstances of this proposed preliminary development
plan and conditional use and, in terms of Eagle City Code Section 8-6-6-2 (C) and 8-7-3-2 (required
findings for approval of a conditional use), has made the following conclusions:
The proposed preliminary development plan and 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-2 and MU zoning districts since a shopping center is shown as needing
approval of a conditional use permit in the C-2 and MU zoning districts on the "Official
Schedule of District Regulations" chart of that section;
B. Will be in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community since the
development will attract new consumers to the area which will increase business in the
community;
C. 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 the development will be required to
meet conditions of a design review application;
D. 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 City's design review requirements and the conditions noted herein;
E. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is
primarily surrounded by existing commercial uses and since the proposed development will be
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adequately buffered from the residential use to the south;
F. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services as noted in responses received by agencies providing the
public services
G. Will not create excessive additional requirements at public cost for public facilities and
services;
H. Will not involve uses, activities, processes, materials, equipment, and/or 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 as long as the conditions
herein and all design review conditions are complied with;
Will have vehicular approaches to the property which are designed as to not create an
interference with traffic on surrounding public thoroughfares since they are required to be
reviewed and approved by the highway district having jurisdiction and since they are subject
to the conditions herein; and
I.
J.
Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of
major importance since, other than the existing trees which require design review approval
prior to being removed, none are apparent on this site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
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 April 3,
2000. Testimony was taken, the public hearing was closed, and the Commission made their
recommendation at that time. A second public hearing was held before the Planning and Zoning
Commission on July 17, 2000 at which time additional testimony was taken, the public hearing was
closed and the Commission made their decision.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
at the April 3, 2000 hearing, by one (1) individual who voiced concerns regarding excessive speeds in
the area, difficulty turning, and numerous accidents that have occurred at the location of Highway 44
and Horseshoe Bend Road; concerned with the floodplain location of this property; would like street
lighting installed; feels there will be high noise and traffic flow; does not want the store to be located
on this site; discusses ground drainage and that if the area is paved it will cause problems. At the July
17, 2000 public hearing two (2) individuals testified against the applications. Their opposition was
based upon traffic concerns, both speed and congestion, access to sewer and water for the site, water
drainage and a concern over possible fuel spills from a potential fuel island on one of the retail pads.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission at
the April 3, 2000 hearing, by one (1) individual (not including the applicant/representative) who stated
that he is in full support of this project. At the July 17,2000 public hearing one (1) individual testified
in support of the project.
D. Oral testimony neither in favor nor in opposition to the application was presented to the Planning and
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Zoning Commission by a representative from ACHD who commented on highway signalization and
discussed ACHDIITD jurisdiction over State Highway 44 and Horseshoe Bend Road.
COMMISSION DECISION:
The Commission voted 3 to 0 (two absent) to recommend approval of PPUD-2-00/CU-2-00, as
amended by applicant's letter dated July 14, 2000 (Winco Foods, Inc. Shopping Center) with the
following staff recommended site specific and standard conditions of approval with text shown
with underline to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
..L The 78,000 square foot (approx.) building, plus the 14.000 square foot (approx) addition. (for a total
size of 92.000 square feet), within this shopping center site (currently proposed as Winco Foods) shall
be limited to a food and beverage sales use as defined in ECC Section 8-1-2, except that a maximum
of 3.000 contiguous square feet may be used for other ancillary retail activity.
2. The pad sites along State Highway 44 and Horseshoe Bend Road abutting this site shall be permitted
for any use allowed in the C-2 zoning designation.
3. City approval of a design review for this site is required.
4. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way between this
site and the edge of pavement along State Highway 44 to be landscaped.
5. An approval letter from Dry Creek Ditch Company approving the proposed landscaping within their
easement area shall be provided to the City prior to issuance of any building permits.
6. Provide a revised preliminary development plan showing the proposed cross access driveway locations
(minimum of two) for review and approval by staff prior to the City processing the final development
plan application.
7. The portion of the buffer area located along the south side of the Winco building extending from the
southwest corner eastward approximately 400-feet shall generally be constructed as outlined in ECC
Section 8-2A-7 (J)(4)(c), however, the buffer area width may be decreased to 50-feet.
8. Comply with the conditions noted in the March 8, 2000, letter from the City Engineer.
9. Design Review Board approval is required prior to removing any existing trees from the site.
10. The pathways and meandering sidewalks shall be constructed in the locations generally as shown on
the Preliminary Development Plan submitted to the City with this application.
11. Minor site modifications shall be permitted if approved as a part of any design review for the site.
12. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits.
13. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
14. The landscaping for this shall be approved generally as shown on Exhibit "An date stamped by the
City on April 17. 2000. or as may be amended by the Design Review Board.
15. There shall be 2 points for cross access to the east f,!enerally as shown in Exhibit "An. The proposed
access to State Street to the east of Pad 1 shall not be constructed at this time and shall be landscaped
generally as shown on Exhibit "An until a traffic signal is warranted. approved by lID/ ACHD and
installed on State Street at the northwest entrance of this site (entrance west of Pad 1 as shown on
Exhibit "An) .
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16. The proposed entrance located on the west side of Pad 1 shall be designed as a right-in/right-out
driveway. constructed with an on-site channelizing island "pork chop" to prevent left-hand turns. This
driveway may be permitted to be full-access only if a traffic signal is installed on State Street at this
location.
17. Install acceleration and deceleration lanes on State Street for the driveway located near the northwest
corner of the site.
18. The data used in determining the floodplainlfloodway for this site shall be based upon the FEMA maps
in affect at the time of City Council approval of a final development plan.
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 flfSt.
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 flfSt.
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 flfSt.
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.
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8.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has flfst 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 flfSt.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10.
Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11.
The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
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 flfSt. 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 (Le.; Commercial,
b.
c.
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20.
21.
22.
d.
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 fIfe 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 flfSt.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or 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 flfSt.
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 floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs flfSt.
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 flfSt.
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 flfSt.
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
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.
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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
conftrmation 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).
25.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on February 29, 2000 and
supplemented by letter dated July 14, 2000.
B. 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 March 17, 2000. 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 March 17, 2000. Requests for agencies' reviews
were transmitted on March 1, 2000 in accordance with the requirements of the Eagle City Code.
A second 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 June 30, 2000. 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 30,2000. Requests for agencies' reviews were
transmitted June 30, 2000 in accordance with the requirements of the Eagle City Code.
C. In accordance with Eagle City Code findings for a planned unit development preliminary development
plan and a conditional use permit the Eagle Planning and Zoning Commission makes the following
conclusions for PPUD-2-00/CU-2-00 (Winco Foods, Inc. Shopping Center), as proposed with the
conditions recommended herein:
The proposed preliminary development plan and 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-2 and MU zoning districts since a shopping center is shown as needing
approval of a conditional use permit in the C-2 and MU zoning districts on the "Official
Schedule of District Regulations" chart of that section;
B. Will be in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community since the
development will attract new consumers to the area which will increase business in the
community;
C. 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
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no inconsistencies with the Comprehensive Plan and since the development will be required to
meet conditions of a design review application;
D. 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 City's design review requirements and the conditions noted herein;
E. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is
primarily surrounded by existing commercial uses and since the proposed development will be
adequately buffered from the residential use to the south;
F. Will be served adequately by essential public facilities such as highways, streets, police and
fIfe protection, drainage structures, refuse disposal, water and sewer, and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services as noted in responses received by agencies providing the
public services
G. Will not create excessive additional requirements at public cost for public facilities and
services;
I.
H. Will not involve uses, activities, processes, materials, equipment, and/or 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 as long as the conditions
herein and all design review conditions are complied with;
Will have vehicular approaches to the property which are designed as to not create an
interference with traffic on surrounding public thoroughfares since they are required to be
reviewed and approved by the highway district having jurisdiction and since they are subject
to the conditions herein; and
J.
Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of
major importance since, other than the existing trees which require design review approval
prior to being removed, none are apparent on this site.
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DATED this 14th day of August, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Id 0
:)44L-
ATTEST:
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Page 16 of 16
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