Findings - PZ - 2000 - CU-12-00 - 26.9 Acre Site/
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
)
)
)
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR
TROLLEY SQUARE SHOPPING CENTER
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -12-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on October 2, 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:
Coulter Properties LLC, represented by Tom Bauwens with the Dakota Company
Inc., is requesting conditional use approval for Trolley Square Shopping Center.
The 26.9-acre shopping center site is located on the north side of State Street
approximately 100-feet east of Palmetto A venue.
B.
APPLICATION SUBMITI AL:
The application for this item was received by the City of Eagle on July 6,2000.
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 September 1, 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 11, 2000. Requests for
agencies' reviews were transmitted on July 18, 2000 in accordance with the
requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: PP-12-00 (Trolley Square Subdivision)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial C-2 (General Business Real estate office, 1
District) dwelling unit
Proposed No Change No Change CommerciallRetail
Shopping Center
North of site Residential Four & A (Agricultural) Residences / Vacant
Mixed Use
South of site Mixed Use MU (Mixed Use) Commercial Uses
East of site Public/Semi Publici PS (Public/Semi-Public) Eagle Academy School/
Commercial C-l (Neighborhood Commercial Uses
Business District)
West of site Central Business CBD(Central Business Commercial Uses
District District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The site currently has several groupings of mature trees as well as the Spoil Banks
Canal coursing through the parcel. Staff observed numerous species of wildlife
inhabiting the parcel.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 26.9-acres 1,300-square feet
(minimum)
Percentage of Site Devoted to 17% 92% (maximum)
Building Coverage
Percentage of Site Devoted to 27.5% 10% (minimum)
Landscaping
Number of Parking Spaces 1,071-parking spaces 789 (minimum)
Front Setback 30-feet (State Street) O-feet (minimum)
Rear Setback 18-feet (north) O-feet (minimum)
Side Setback 20-feet (west) O-feet (minimum)
Side Setback lO-feet (east) O-feet (minimum)
Note: The setbacks proposed for this site (as noted above) are calculated by considering
the entire shopping center site as a whole to provide a balanced and harmonious
landscape buffer. Perimeter setbacks are proposed to be measured from the site's
perimeter property line. Perimeter setbacks are be as follows:
Front - 30-feet (from State Street);
Rear - 20-feet (from north property line);
Side - 20-feet (from west property line); and
Side - lO-feet (from east side).
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site plan shows 19 building pad sites proposed within this development. The
site plan and justification letter indicates the buildings are to be flex space, retail,
restaurant, and office.
Height and Number of Stories of Proposed Buildings:
The applicant states in the application form that two stories will be the maximum
number constructed. It is not indicated which buildings are proposed as two
stories or to specific building height.
Gross Floor Area of Proposed Buildings:
The total proposed gross square footage of all the buildings is 194,281-square
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feet.
The conceptual plan depicts the following building sizes: 1 pad at 13,536 SF, I
pad at 16,481 SF, 1 pad at 13,051 SF, 1 pad at 8,962 SF, 1 pad at 5,910 SF, 1 pad
at 13,473 SF, 1 pad at 4,140 SF, 1 pad at 8,784 SF, 1 pad at 6,436 SF, 1 pad at
10,300 SF, 1 pad at 14,000 SF, 2 pads at 13,000 SF each, 3 pads at 6,000 SF each,
and 3 pads at 11,736 SF each.
On and Off-Site Circulation:
The on-site circulation seems to provide ample space and open vehicular travel to
reach all destinations located within the site. However, the large parking lot does
not allow for comfortable and direct pedestrian travel from one side of the center
to the other. More pathways to directly join the edges of the shopping center
together would be desirable.
The extension of Hill Road will provide a viable thoroughfare for both this site as
well as a needed collector roadway connection to the City's downtown. The
applicant has proposed a total of four access points located on Hill Road and three
access points on State Street, which are subject to review and approval by the Ada
County Highway District.
K.
PUBLIC SERVICES A V AILABLE:
Preliminary review letters from the Eagle Fire Department and Eagle Sewer
District have been received. An approval letter from the appropriate water
company having jurisdiction is required.
Sewer: The proposed property has been annexed into the Eagle Sewer District. An
off-site sewer construction plan has not been provided to the District for review.
How the project will connect to the District's central sewer system or what
additional requirements the District might require has not been determined.
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 - 500 year
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Spoil Banks Canal
Unique Animal Life - unknown
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Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - yes
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 letters dated August 10, 2000, and
August 24, 2000, are of are of are of are of ached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Meridian School District
Q.
LETTERS FROM THE PUBLIC:
Letter of September 5, 2000 from Jeff and Clare Chapple who reside at 978 Cembra
Eagle, ID 83616
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;
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,
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police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
odors;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
a.
Implementation Strategies
f.
New commercial development outside of the Central Business District
should complement the Central Business District and Eagle's rural
identity.
g.
Encourage commercial growth adjacent to the Central Business District
and discourage isolated commercial development in outlying areas.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
a.
Implementation Strategies
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan
Land Use Map.
Protect gravity flow irrigation systems including canals, laterals and
1.
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ditches to assure continued delivery of irrigation water to all land serviced
by such systems, to protect irrigation systems as a long range economical
method for water delivery and to coordinate surface water drainage to be
compatible with irrigation systems.
Chapter 7 - Natural Resources and Hazard Areas
a.
Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 12 - Community Design
a.
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
a.
Entry Corridors
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 often
times 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.
a.
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the
competitive environment should be discouraged.
Encourage the preservation of natural resources such as creeks, drainages,
steep slopes and ridgelines as visual amenities.
g.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 8-2A-6 (1)
Site Design Objectives: The site plan design shall minimize impact of traffic on
adjacent streets, provide for the pedestrian, and provide appropriate, safe parking
lot design. Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
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c.
c. The site layout with respect to separation or integration of vehicular,
pedestrian and bicycle traffic patterns;
e. The location, arrangement and dimensions of truck loading ramps,
docks, and bays and vehicle service facilities;
I. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
.
ECC Section 8-2-3 states in part that a "Flex Space" is a prohibited use within the C-2
zoning district
.
ECC Section 8-1-2 - Rules and Definitions, states in part:
SHOPPING CENTER: A group of commercial establishments, planned,
developed, owned and/or managed as a unit related in location, size and type of
shops to the trade area the unit serves. Shopping centers shall provide services for
a neighborhood or for the community.
DISCUSSION:
.
Because of the lack of information as to what uses/building types the applicant
specifically intends to build on the site, staff is concerned with the possibility of
multiple lots being purchased and combined into one or two extremely large building
pads on the site. As indicated on the site plan, a mixture of smaller pad
sites/buildings may provide a more "community village" atmosphere rather than a
"mega commercial complex". Therefore, individual building sizes should be limited
to a maximum of 16,500 square feet (which is the largest building size shown on the
site plan). This may help promote a quaint commercial community retail village as
noted above.
Also, due to the lack of detail regarding the specific uses proposed for this site, staff
recommends that any use proposed for this site other than "Retail", "Restaurant", and
"Office" (as defined in ECC Section 8-1-2) should require City approval of a
modification to this conditional use permit application.
.
Eight of the buildings shown on the site plan are labeled "Flex Space. This list of
permitted, conditional, and prohibited uses listed in ECC Section 8-2-3 "Official
Schedule of District Regulations" shows that Flex Space is a Prohibited use within the
C-2 zoning designation. Since this site is zoned C-2 (General Business District) the
site plan should be modified to remove Flex Space from the eight building pad sites
and be replaced with permitted/conditional uses.
.
Because of the site's close proximity to the downtown area and its location abutting
the entryway corridor, special attention should be given to the configuration and
position of the buildings. As residents and visitors travel closer to the downtown
area, a transition from larger to smaller buildings should occur to foster a sense of
harmony rather than a conglomeration of varied shapes and styles. Many of the
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buildings that fade into the CBD are of a single story nature and are varied as to their
placement on the parcel. Also, if the proposed buildings were at varied angles to the
abutting roadway, the walled corridor effect of building lines parallel with the right-
of-way boundary would be diminished to provide a more open and inviting
atmosphere.
There are sidewalks proposed abutting the site which will provide pedestrian access
from adjacent properties to the site, yet the walkways within the site are not as
abundant. The site should be designed to diminish the aversive feeling that wide
expanses of parking area create and to incorporate a "village" like perception that
multiple pathways would produce.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 25, 2000, at which time testimony was taken and the public hearing was closed.
The Commission continued this matter until October 2, 2000. 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 one individual concerned about the use of the property termed flex space.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by the no one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom and Franden absent) to recommend approval of
CU-12-00 for a Conditional Use Permit for a 26.9 acre shopping center located on the
north side of State Street approximately 100 feet east of Palmetto A venue, with the
following staff recommended site specific conditions of approval and standard
conditions of approval with underlined text to be added by the Commission and text
shown with strike-thru to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (shopping center/office park) is approved.
2. Individual building pad sizes shall be limited to 16,500 gross square feet (as proposed on the
site plan) and shall be limited to the uses as defined under the terms "Retail", "Office", and
"Restaurant" as listed in ECC 8-2-3. Additional uses may be permitted if a modification to
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this application is applied for and approved by the City.
3. The applicant shall provide a revised site plan showing the removal of "Flex Space" from the
eight building pad sites.
4. Comply with the conditions of approval for PP-12-00 - Trolley Square Subdivision.
5. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letters dated August 10, 2000, and August 24, 2000.
6. Provide an approval letter and an approved license agreement from Drainage District #2
regarding any drain ditch modifications prior to issuance of any building permits for the site.
7. The CC&R's for this site shall require the owners or managers of this commercial shopping
center to maintain tHe any landscaping within the right-of-way abutting this site including the
street trees and landscape strips between the sidewalk and the curb.
8. Any commercial building located near the northwest corner of the site (adjacent to LaRue
Acres residential subdivision to the north) shall be setback from the property line a minimum
of 40-feet (or otherwise shall comply with ECC Section 8-3-3 (D». Provide a revised master
landscape plan showing required buffer area and landscaping for this area.
9. Install aft g toot High CMU block 'Nall (split face OR both sides) bet...:eefl tAe existiRg
resideRces withiR LaR1:le .^.cres S1:lbdivisiofl aftd commercial portioR of tHis site.
10. Install an 8-foot high CMU (split face on both sides) block wall (as measured from
applicant's adiacent parking area) along the northern boundary of this site (extending from
the northwest corner of the site to the western edge of the right-of-way of Hill Road).
However, a portion of the wall may be eliminated (excluding the area south of LaRue Acres
Subdivision) provided a ioint agreement between the developers of this site (Coulter
Properties LLC) and the owner(s) of the undeveloped residential property to the north is
recorded and provided that alternate method of screening is reviewed and approved by the
Design Review Board prior to issuance of any occupancy permits for the site.
11. All buildings shall be set back from State Street a minimum of 30-feet (not including right-
of-way).
12. All lots shall be configured so as to 9leek screen any and all loading areas from view as seen
from residential uses or public roadways. Appropriate methods of screening shall be
approved by the Design Review Board.
13. Provide a continuous and congruous pedestrian pathway system within and abutting the site
to minimize negative impacts between vehicles and pedestrians/bicyclists. The revised
pathway plan shall be reviewed and approved by the Design Review Board as part of the
overall design review application for the shopping center site.
14. City approval of a design review for this site is required.
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15. Design Review Board approval of a "Master Landscape Plan" for the entire shopping center
site is required prior to issuance of any building permits.
16. Separate Design Review Board approval of individual pad sites/buildings is required.
17. Minor site modifications shall be permitted if approved as a part of any design review for the
site.
18. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits.
19. No signs are proposed with this application.
required for the approval of any signs.
A separate design review application is
20. All plan revisions as required by the above noted conditions shall be reviewed and approved
by the Zoning Administrator prior to issuance of any building permits for the site.
21. Restaurants with drive-thrus shall be prohibited adiacent to residential developments to the
north of this site.
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
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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. (Note: see PP-12-00 for purposes of determining site drainage for this site).
The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any
lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy
permit is issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, or other
irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the
entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a
manner that the flow of water will not be impeded or increased beyond carrying capacity
of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public
Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
9.
Street light plans shall be submitted and approved as to the location, height and wattage
to the City Engineer (if applicable) prior to issuance of any building permits or Certificate
of Occupancy, whichever occurs first. All construction shall comply with the City's
specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the
purpose of installing and maintaining street light fixtures, conduit and wiring lying
outside any dedicated public right-of-way, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of
Occupancy.
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10.
11.
12.
Parking lot light plan shall be submitted and approved as to the location, height and
wattage by the City Engineer. All construction shall comply with the City's specifications
and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid
accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect
the light away from the adjoining property.
The parking area shall be paved and shall be maintained in good condition without holes
and free of all dust, trash, weeds and other debris.
One set of building plans, for any non single-family residential use, shall be submitted to
the Eagle Fire Department for approval. An approval letter from the Eagle Fire
Department shall be submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The letter shall include the following
comments and minimum requirements, and any other items of concern as may be
determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department."
The fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(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 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.
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.
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16.
17.
18.
19.
20.
21.
The applicant shall obtain written approval of the development relative to the effects of
the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance
of a building permit or Certificate of Occupancy, whichever occurs first.
The applicant shall obtain approval of the development relative to its effects on wetlands
or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho
Department of Water Resources and/or any other agency having jurisdiction prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
Basements in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all
applicable County, State and Federal Codes and Regulations shall be complied with. All
design and construction shall be in accordance with all applicable City of Eagle Codes
unless specifically approved by the Commission and/or Council.
New plans, which incorporate any required changes, shall be submitted for staff approval.
Staff may elect to take those plans to the Design Review Board and/or the Planning and
Zoning Commission for review and approval.
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.
22.
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).
23.
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 6, 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 September 1, 2000. Notice of this public hearing was mailed to
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property owners within three-hundred feet (300-feet) of the subject property in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August
11, 2000. Requests for agencies' reviews were transmitted on July 18, 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.
B.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of
Eagle City Code Title 8 for the C-2 zoning district since a Shopping
Center with commercial, retail and office uses is shown as needing
approval of a conditional use permit in the C-2 zoning district on the
"Official Schedule of District Regulations" chart of that section;
Will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or this title
(Eagle City Code Title 8) since there are no inconsistencies with the
Comprehensive Plan and since 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
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;
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G.
Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not
to create an interference with traffic on surrounding public thoroughfares
as are to be approved by the highway district having jurisdiction as the
development will have three entries from State Street and an intersection
with the new Hill Road extension; and
H.
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 6th day of November, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
unly. Idaho U~
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Page 16 of 16
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