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Findings - PZ - 2000 - CU-13-00 - Construct 3,695 Sq Ft Bank With Drive Up Service/701 E State Street ORtGlNAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSJ IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR WASHINGTON FEDERAL SAVINGS BANK ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-13-00 The above-entitled rezone application came before the Eagle Planning and Zoning Commission . for their recommendation on September 5, 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: Washington Federal Savings, represented by Pat Walsh with ZGA Architects and Planners, is requesting conditional use approval to construct a 3,695-square foot bank facility with drive-up service within the CBD (Central Business District). The site is located on the south side of State Street approximately 200-feet west of Palmetto Avenue at 701 East State Street (Lot 2, Block 1 of Periwinkle Subdivision). B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on July 19,2000. 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 August 22, 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 August 18,2000. Requests for agencies' reviews were transmitted on August 14, 2000 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: DR-48-00 Page 1 of 13 K: \Planning Dept\Eagle Applications\CU\2000\CU-13-OO pzf.doc F. COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Central Business District CBD (Central Business Vacant District) Proposed No Change No Change Bank with drive-up servIce North of site Central Business District. CBD (Central Business Eagle Medallion District) Professional Offices South of site Central Business District CBD (Central Business Peregrine Cove District) Apartments East of site Central Business District CBD (Central Business Proposed Sherwin District) Williams Paint Store West of site Central Business District CBD (Central Business Vacant District) G. DESIGN REVIEW OVERLAY DISTRICT: CEDA (Community Entry Development Area). H. EXISTING SITE CHARACTERISTICS: There is an existing 4-foot wide sidewalk on the east side of the property line. I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 21,650-square feet (O.5-acres) 500-square feet (minimum) Percentage of Site Devoted to 20.9% (approx.)(not including 20% (minimum) Building Coverage the 35-foot wide access 85% (maximum) easement area) Percentage of Site Devoted to 16% (approx.) 10% (minimum) Landscaping Number of Parking Spaces 17-parking spaces 17-parking spaces Front Setback 40-feet 20-feet (minimum) Rear Setback 53-feet 10-feet (minimum) (including reQuired buffer Page 2 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-OO pzf.doc SITE DATA PROPOSED REQUIRED area and wall) Side Setback 42-feet (east) 10-feet (minimum) Side Setback 25-feet (west) 10-feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building, bank with drive-up service and office. Height and Number of Stories of Proposed Buildings: 18-feet, one story. Gross Floor Area of Proposed Buildings: 3,695-square feet. On and Off-Site Circulation: An 11,000-square foot (approx.) paved parking lot provides parking for vehicles using this site. One 20-foot wide driveway is proposed to be located on the east side of this site approximately 65-feet south ofthe State Street. A second 24-foot wide driveway is proposed to be located on the east side of this site approximately 190-feet south of State Street providing access to the north/south access driveway which leads to State Street. K. PUBLIC SERVICES AVAILABLE: Preliminary approval letters from Central District Health Department and Eagle Fire Department have been received by the City. Water service and sewer service approval letters have not been received to date. Approval of the Eagle Sewer District and 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 N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - unknown Page 3 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: P. Central District Health Eagle Fire Department Q. LETTERS FROM THE PUBLIC: None received to date. R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. B. 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); 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; 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 Page 4 of 13 K: \Planning Dept\Eagle Applications\CU\2000\CU-13-OO pzf.doc odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . 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 B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Design review application required. c. DISCUSSION: . Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code Title 8 for the CBD zoning district since a Bank with drive-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; 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) since there are no inconsistencies with the Comprehensive Plan and since the development will be required to meet conditions of a design review application and the condition noted herein; C. Will be designed, constructed, operated and maintained to be harmonious Page 5 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-OO pzf.doc 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 and as required herein; 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 in 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; 1. 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 2. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided below. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. City approval of a vacation of a portion of the 60-foot wide access easement along the northern portion of this site is required prior to issuance of any building permits. 2. Comply with the site specific conditions of approval for V AC-4-00. Page 6 of 13 K: \Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc 3. Only the use (Bank with drive-up service) is approved. The property is subject to the conditions of design review. 4. Construct a 6-foot high decorative block wall along the entire southern portion of this site. Specific wall design shall be reviewed and approved by the Design Review Board. 5. Increase the width of the northerly east/west driveway to 24-feet. This driveway shall be paved its full width of 24-feet, extending to the west property line to allow for cross-access for the lot to the west. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on September 5, 2000, 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 the on one. COMMISSION DECISION: The Commission recommends approval (3 to 0, 1 absent) of CU-13-00 for a Conditional Use Permit for a 3695 square foot bank facility with drive-up service within the Central Business District, located on the south side of State Street approximately 200 feet west of Palmetto Avenue, with the following site specific conditions and standard conditions of approval; SITE SPECIFIC CONDITIONS OF APPROVAL: 1. City approval of a vacation of a portion of the 60- foot wide access easement along the northern portion of this site is required prior to issuance of any building permits. 2. Comply with the site specific conditions of approval for V AC-4-00. 3. Only the use (Bank with drive-up service) is approved. The property is subject to the conditions of design review. 4. Construct a 6-foot high decorative block wall along the entire southern portion of this site. Specific wall design shall be reviewed and approved by the Design Review Board. 5. Increase the width of the northerly east/west driveway to 24-feet. This driveway shall be paved its full width of 24- feet, extending to the west property line to allow for Page 7 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc cross-access for the lot to the west. 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. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. . The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all 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. Page 8 of 13 K: \Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc 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. 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 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: Page 9 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-OO pzf.doc 20. 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 (i.e.; 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 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 first. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to 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. 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 Page 10 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc 21. 223. 24. 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 submits application to the City of Eagle for a change to the planned use of the subject property. 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). 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: 1. The application for this item was received by the City of Eagle on July 19,2000. 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 22, 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 August 18,2000. Requests for agencies' reviews were transmitted on August 14,2000 in accordance with the requirements of the Eagle City Code. 3. The Commission has reviewed the particular facts and circumstances of this proposed conditional use and, in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a conditional use), has made the following conclusions: The proposed conditional use; A. ~ill, 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; 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) since there are no inconsistencies with the Comprehensive Plan and since the development will be required to meet Page 11 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc G. 6. 7. conditions of a design review application and the condition noted herein; 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 and as required herein; 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 in 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 ofthe community; 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; 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 Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since none are apparent on this site. DATED this 16th day of October, 2000. PLANNING AND ZONING COMMISSION OF THE CIT OF EAGLE a Co d 0 Page 12 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-O0 pzf.doc ATTEST: 110-+-. y ~ 'Sharon ~, Eagle City lerk M90~ ,,'I,:!.!Uil':I~. .t'f>J 01\'< )';' .., ',fl', ,.'-...1 ' Ji. .c,..t':,¡ . '.'.. ~,:t~<;' ~,"'ß_'!t"¡;ii>;¡'Q,,",~¿.,~:;. ./tî¿:, ,..,0"" ',c,,':,; .,:, .. " <;". ¡: "'A ~ ", .' f: oj' 0 -' , ..' " ' ., ,.~ '" ", (.,' '.." '", .; ..J<,,;, ,"',', <) 'B1> ,.,... :' ;"!¡I ....J ~;;¡. .,f,.! 'i "J,':"' """',;" , - . ,', ~ L ~ -;, ("'. ' '~}":>'/'/~' "'.i,'h.,..>; Page 13 of 13 K:\Planning Dept\Eagle Applications\CU\2000\CU-13-00 pzf.doc