Findings - PZ - 2000 - CU-18-00 - 38'/42' 4" Height Exception For Architectural Features/Eagle Town&Countrysc
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR EAGLE)
TOWNE & COUNTRY SHOPPING CENTER AND)
FOR A 38-FOOT AND 42-FOOT, 4-INCH )
ARCHITECTURAL FEATURE HEIGHT )
EXCEPTION FOR EAGLE DEVELOPMENT )
ASSOCIA TES LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-18-00
The above-entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on January 16,2001. 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:
Eagle Development Associates LLC, represented by Jeff Huber with White-Leasure
Development, is requesting conditional use approval for Eagle Towne & Country
Shopping Center, including a 38-foot and 42-foot, 4-inch height exception for building
architectural features. The 14-10t commercial subdivision/ shopping center is located on
the north side of State Highway 44 between Highway 55 and Horseshoe Bend Road, at
3182 East State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 9, 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 December 16,2000. 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 December 13, 2000. Requests for agencies' reviews were transmitted on
November 13, 2000, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: PP-18-00 (Eagle Towne & Country Subdivision)
Page 1 of 14
K:\Planning DeptlEagle ApplicationsICU\2000ICU-1 8-00 pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-3 (Highway Business Landscape Nursery &
District) Residences
Proposed No Change No Change Commercial/Retail
Shopping Center
North of site Business Park BP (Business Park District) Mini-Storage
South of site Mixed Use MU (Mixed Use) Vacant
East of site Not in Eagle City area of C-2 & RIIM (Ada County Gas Station & Residences
impact Designation)
West of site Residential Four (up to R-4 (Residential) Residences
four dwelling units per
acre maximum)
G.
DESIGN REVIEW OVERLA Y DISTRICT:
Not in the DDA, TDA or CEDA. The applicant has stated that the CEDA Design Review
guidelines will be utilized in the design.
H.
EXISTING SITE CHARACTERISTICS:
A portion of the site is the current location for Eagle Landscape and Nursery (southeast
comer). Any existing houses/buildings located on the site are proposed to be removed.
Page 2 of 14
K:\Planning DeptlEag1e ApplicationsICU\2000ICU-18-00 pzf.doc
I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 43.62-acres (l,900,087-sq. ft.) 1 ,300-square feet (minimum)
Percentage of Site Devoted to 20% (approx.) 92% (maximum)
Building Coverage
Percentage of Site Devoted to 25% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 2198-parking spaces (to be 1500 to 1875-parking spaces
reviewed with design review) (depending on proposed uses)
Front Setback 20-feet (approx.) O-feet (minimum)
Rear Setback 60-feet (approx.) O-feet (minimum)
Side Setback (east) 53-feet (approx.) O-feet (minimum)
Side Setback (west) 42-feet (approx.) O-feet (minimum)
Note: for the purposes of calculating setbacks for the entire shopping center site, minimum
setbacks shall be considered from the perimeter property line of the entire site to the closest
building. Setbacks do not apply to the interior lot lines within the shopping center site.
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building is to proposed to be uses as food and
beverage sales (Winco). Included as part of the same mega center building are two additional
major retail stores. Eleven pad sites will provide retail, restaurant and gas station services.
Height and Number of Stories of Proposed Buildings: Parapet height: 30-feet, eight-inches, Gable
Peak: 38-feet, Cupola peak: 42-feet, 4-inches; single story.
Gross Floor Area of Proposed Buildings: 375,OOO-square feet
On and Off-Site Circulation:
A more than adequately sized paved parking lot will provide parking for vehicles using
this site. Ingress/egress to the site is to be provided by six access points located both on
State Highway 44 and Horseshoe Bend Road.
The parking area designs will be required to be reviewed and approved as part of the
design review applications for the site.
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.
Page 3 of 14
K:\Planning DeptlEagle ApplicationsICU\2000ICU-18-00 pz(doc
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 - unknown
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
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 City Engineer's letter dated November 15, 2000, is of
special concern (see attached).
Central District Health Department
Department of Environmental Quality
Drainage District #2 (Ringert & Clark)
Eagle Fire Department
Eagle Sewer District
Independent School District of Boise City #1
Q.
LETTERS FROM THE PUBLICI ADDITIONAL INFORMATION:
Traffic Study by Earth Tech, dated June 5, 2000 and October 12, 2000.
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;
Page 4 of 14
K:\P1anning DeptlEagle Applications\CU\2000\CU-l8-00 pzf.doc
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, 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.
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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
1.
Excessively large single entity businesses that would jeopardize the competitive
business environment should be discouraged.
Chapter 6 - Land Use
6.7
Implementation Strategies
1.
Protect gravity flow irrigation systems including canals, laterals and 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.
Page 5 of 14
K:\Planning DeptlEagle ApplicatiolJJ!\CU\2000\CU-18-00 pzf.doc
Chapter 7 - Natural Resources and Hazard Areas
7.9
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
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
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.
12.4
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.
k.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
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.
.
ECC Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and any other
such structures shall be limited to a maximum of thirty five feet (35'). Additional height
may be permitted if a conditional use permit is approved by the City Council.
E.
DISCUSSION:
.
Per ECC, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is 35-
feet unless a conditional use permit is approved by the City Council.
Page 6 of 14
K:\Planning DeptlEagle ApplicationsICU\2000ICU-18-OO pz(doc
---~--- ------ .
This by no means should be construed to give free latitude to construct such structures at any
unrestricted height (if a height variance is approved by City Council), but is intended rather to
provide for varying and unique design elements. Therefore, staff believes the cupola and
accompanying gable subject to a height variance review in this application should be restricted
to that proposed in order to prevent unrestricted building element heights.
.
Although the information provided as to what useslbuilding types the applicant intends to
build on the site is fairly detailed, staff is concerned with the possibility of multiple lots being
purchased and combined into one or two extremely large building pads in the southern portion
of the site. The applicant has not suggested this scenario, nor has it been implied yet the
possibility does exist. As indicated on the site plan, a mixture of smaller pad siteslbuildings in
the southern area may provide a more "open and airy" community atmosphere rather than a
stale and uninviting commercial complex. Therefore, individual building sizes in the southern
portion of this site should be limited to a maximum of 10,500 square feet, (which is the
approximate size of the largest building shown on the southern portion of the site plan). This
may help promote and sustain a viable community retail center as noted above.
Also, because the full details regarding the specific uses proposed for this site are not yet
complete, staff recommends that any use proposed for this site other than "Retail",
"Restaurant", and "Fuel Service" (as defined in ECC Section 8-1-2) should require City
approval of a modification to this conditional use permit application.
.
Because the site is located at a highly visible intersection and presents a great opportunity to
make a statement about the City of Eagle, special attention should be given to the
configuration and position of the buildings. As residents and visitors travel closer to the center
of the City, if the proposed buildings were to be 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.
.
The applicant has proposed pathways around the perimeter of the development as well as
within the site. The objective of the interior pathways is multifold and is a highly desired
amenity, which should be encouraged in other developments. The pathways will provide
pedestrian interconnectivity to all portions of the site, thus alleviating the need to visit various
businesses via automobile. Scattered "oasis's" will provide refuge and visual relief to
pedestrians traversing the parking lot. This in turn provides a safer and friendlier atmosphere,
which invites people to visit and encourages them to stay at the shopping center.
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 January
2, 2001, at which time testimony was taken and the public hearing was closed. The Commission re-
opened the public hearing for written testimony only to be accepted until 5:00 P.M. on January 11,
2001. The Commission continued the application to January 16, 2001. The Commission made their
recommendation at that time.
Page 7 of 14
K:\P1amUng DeptlEagle ApplicatioDSICU\2000ICU-18-00 pzf.doc
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by four (4) individuals concerned with increased traffic, odors from the proposed gas station, bright
lights, the widening of Horseshoe Bend Road, decrease in housing values, affect on wildlife in the area
and lack of sidewalks and curbs on Utahna Road.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom abstained) to recommend approval of CU-18-00 for a
Conditional Use Permit for Eagle Towne & Country Shopping Center, 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. Individual building pad sizes located in the south half of the site shall be limited to 10,500 gross
square feet (as proposed on the site plan) and shall be limited to the uses as defined under the terms
"Retail", "Restaurant", and "Fuel Service" as listed in ECC 8-2-3. Additional uses and expansion of
individual pad sites may be permitted if a modification to this application is applied for and approved
by the City.
2. The buildings shall be placed at varying angles facing the abutting road rights-of-way to alleviate any
walled corridor effect. The Design Review Board shall make the determination if this plan as
presented meets this requirement.
3. Service driveways to the building sites facing the road rights-of-way shall be designed to maximize the
landscaping abutting the buildings without compromising function and utility
4. Any proposed cupolas shall be designed and built to a maximum of 42-feet, 4-inches in height. The
maximum height for the proposed gable beneath said cupola shall be 38-feet.
5. 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, State Highway 55 and Horseshoe Bend Road
to be landscaped, prior to the issuance of any building permits.
6. Comply with the conditions of PP-18-00 (Eagle Towne & Country Subdivision).
7. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated November 15, 2000.
8. 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.
9. The CC&R's for this site shall require the owners or their representatives of this commercial shopping
center to maintain any landscaping within the right-of-way abutting this site including the street trees
and landscape strips between the sidewalk and curb and/or the edge of pavement.
Page 8 of 14
K:\Planning DeptlEagle Applications\CU\2000\CU-18-00 pzf.doc
10. All buildings shall be set back from State Highway 44, State Highway 55 and Horseshoe Bend Road a
minimum of 30-feet (not including right-of-way).
11. All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures
from view as seen from residential uses or public roadways.
12. Only the use (Shopping Center) is approved. City approval of a design review for this site is required.
13. Design Review Board approval of a "Master Landscape Plan" for the entire shopping center site is
required prior to issuance of any building permits.
14. Separate Design Review Board approval of individual pad sites/buildings is required.
15. Minor site modifications shall be permitted if approved as a part of any design review for the site.
16. 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.
17. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
18. 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.
19. No more than sixtv-percent (60%) of the total proposed building square-footage shall be constructed
prior to the warrant and installation of a traffic signal at the intersection of State Highway 44 and the
middle driveway (as measured approximately 750-lineal feet west of the intersection of Horseshoe
Bend Road and State Highway 44). Until such time as the signal construction is complete. all
driveway accesses with ingress and egress to State Highway 44 shall be limited to right-in and right-
out only. Building permits for the remaining forty-percent (40%) of the building square footage may
only be issued after the installation and operation of the aforementioned traffic signal.
20. The applicant shall construct a center turn lane abutting the parcel on Horseshoe Bend Road for access
into the site prior to issuance of any occupancy permits. The design and construction of the center turn
lane shall be approved by the Ada County Highway District prior to issuance of any building permits.
21. The hours of operation for any restaurant located in this site shall be limited to between 6 a.m.
and 11 p.m.
22. The maximum square footage of the development may be permitted to increase from the proposed
375.000-square feet to 400.000-square feet provided the increase is used for the building expansion of
either pads 1 or 2 (or combination thereof) and/or the portion of the site known as "Major Retail B".
The additional square footage may only be permitted if a modification to this application is applied for
and approved by the City.
23. Landscape screening along the eastern portion of the site shall generally be as presented on the east
elevation plan for the Winco building date stamped by the City on January 26. 2001. Landscape
screening similar to this shall be used to screen the parcels on the east side of Horseshoe Bend Road
from the activities within this development and the proposed fuel station.
Page 9 of 14
K:\Planning Dept\Ea¡¡le ApplicationsICU\2000ICU-18-00 pzf.doc
24. The perimeter and wetlands area landscaping shall be completed prior to the issuance of a certificate of
occupancy.
25. The applicant shall install a traffic restriction device to prevent direct vehicular travel across Horseshoe
Bend Road from the site's middle driveway to Utahna Street prior to issuance of any occupancy
permits. Design and construction of the device shall be approved by the Ada County Highway District
prior to issuance of any building permits.
26. The Design Review Board shall review the impact of lighting upon the neighborhood to the east of the
site to determine if the applicant is to install additional light shielding to restrict the volume of light
descending upon Horseshoe Bend Road.
STANDARD CONDITIONS OF APPROV AL:
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 flfSt. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
Page 10 of 14
K:\P1anning DeptlEagle ApplicationsICU\2000ICU-18-00 pzf.doc
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.
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:
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.
b.
Page 11 of 14
K:\P1anning DeptlEagle AppticationsICU\2000ICU-18-00 pzf.doc
20.
21.
c.
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.
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.
16.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs fIrst.
17.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs fIrst.
18.
Basements in the flood plain are prohibited.
19.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
Page 12 of 14
K:\P1anning DeptlEagle ApplicationslCU\2000ICU-18-OO pzf.doc
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).
22.
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.
23.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 9, 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 December 16, 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 December 13, 2000. Requests for agencies' reviews
were transmitted on November 13,2000 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.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the C-3 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;
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 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 C-3 (Highway 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
Page 13 of 14
K:\Planning DeptlEagle ApplicationsICU\2000\CU-18-00 pzf.doc
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;
<~_::'-'
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;
F.
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
I.
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 5th day of February, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
<- -:~ 2/~ (
John Franden: Cha' an ¿/ ~~A<~A-o<-'
ATTEST:
,~-""
~ OF !~~.#.
,f ~:""'-~". G( '\
'vI ,.yoJ.4.¡.\~ \.
. tic ~ Ii
*: -.- 1*
t..., ..... "'"'EAL~
\~..¡. .-,;
ó\.. ~?vR "l' . J:¡
,--~<~""':...y:. ~,;.:.
~1! 01 \~
Page 14 of 14
K:\Planning DeptlEagle ApplicationsICU\2000ICU -18-00 pzf.doc