Findings - CC - 2001 - CU-22-00 - 3314 E Chinden/Bank With Drive Up
OR\G\NAL
BEFORE THE AND EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A BANK
WITH A TM MACHINE DRIVE-UP SERVICE
FOR KEY BANK
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-22-00
The above-entitled conditional use permit application came before the Eagle City Council for their action
on March 13, 2001. The Eagle City Council having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Key Bank, represented by Roger Foster with BRS Architects, is requesting conditional use
approval to construct a 5,300-square foot bank facility with drive-up service (for A TM
machine only) within Eagle Country Plaza Shopping Center. The site is located on the
north side of Chin den Boulevard approximately 300-feet east of Eagle Road at 3314 E.
Chinden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 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 January 20, 2001. 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 January 18,2001. Requests for agencies' reviews were transmitted on December
6, 2000 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 26, 2001. 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 February 22,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 27, 1995, the Eagle City Council approved a rezone with a development
agreement for this site.
On December 8, 1998, the Eagle City Council approved a conditional use permit for Eagle
Country Plaza Shopping Center (CU-7-98).
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On January 12, 1999, the Eagle City Council approved the design review application for
Eagle Country Plaza Shopping Center (DR-35-98).
E.
COMPANION APPLICATIONS: none
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Commercial C-I-DA (Neighborhood Eagle Country Plaza
Business District with Shopping Center
Development Agreement)
Proposed No Change No Change Bank with drive-up
service
North of site Residential One (up to one R-l (Residential) Residences
dwelling unit per acre max.)
South of site Not in Eagle Area of Impact C-4D (City of Boise Proposed Target
designation) Department Store
East of site Residential One (up to one R-l (Residential) Residences/Pasture
dwelling unit per acre max.)
West of site Commercial C-2-DA (General Business Sav-On Drugstore
District with Development
Agreement)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or TDA.
H.
EXISTING SITE CHARACTERISTICS:
The site has been developed as the Eagle Country Plaza Shopping Center.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 15,990-square feet (0.36-acres) 2,000-square feet (.04-acres)
(327, 700-s. f. /7.5 acres for (minimum)
shopping center)
Percentage of Site Devoted to 33% (approx.) 50% (maximum)
Building Coverage
Percentage of Site Devoted to 15% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 27-parking spaces (14 on-site, 13 in 27 -parking spaces
shopping center parking lot)
Front Setback 35-feet 15-feet (minimum)
Rear Setback O-feet O-feet (minimum)
Side Setback O-feet (east) O-feet (minimum)
Side Setback 66.5-feet (west) O-feet (minimum)
J.
GENERAL SITE DESIGN PEA TURES:
Number and Uses of Proposed Buildings: One building, bank with drive-up service and office.
Height and Number of Stories of Proposed Buildings: 19.5-feet with architectural gables to 24-
feet, one story. (The development agreement for the shopping center restricts "separate
pad" commercial buildings within the development to a maximum height of 20-feet with
architectural treatments not to exceed 25-feet high).
Gross Floor Area of Proposed Buildings: 5,300-square feet.
On and Off-Site Circulation:
A 136,000-square foot (approx.) paved parking lot provides parking for vehicles using the
shopping center site. Two existing approaches to the center will be utilized to access the
bank. One 40-foot wide driveway is located on Chinden Boulevard approximately 460-
feet east of Eagle Road. A second 40-foot wide driveway is located on Eagle Road
approximately 300-feet north of Chinden Boulevard.
K.
PUBLIC SERVICES A V AILABLE:
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
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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
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
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.
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, police
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F.
G.
H.
I.
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.
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;
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; and
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 6 - LAND USE
Section 6.3 Land Use Designations: Commercial
Suitable primarily for the development of a wide range of commercial activities
including offices, retail and service establishments. Uses should complement uses
within the Central Business District (CBD).
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that Banks with drive up service require a conditional use permit
within a C-l zoning district.
c.
DISCUSSION:
.
On September 14, 1998 at the regular meeting for the Planning and Zoning Commission
for the conditional use permit application for the Eagle Country Plaza Shopping Center
(CU-7-98), the applicant (Bill Hodges) stated that there will be no drive-thru services in
the shopping center with the exception of the Rite-Aid (Sav-On) store (the minutes are
attached herein for reference). The City Council Findings of Fact and Conclusions of Law
document do not specifically prohibit drive-up services as a condition of approval,
however, due to the testimony provided, combined with the fact that the pad site included
with this application was previously shown as a "Restaurant" pad on the shopping center
conditional use permit application, it may have been the expectation of the City that
additional uses with drive-up services would be prohibited.
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STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
If the City Council determines that additional drive-up services (in addition to the Rite-Aid/Sav-
On site) are permitted within the Eagle Country Plaza Shopping Center then based upon the
information provided to staff to date staff recommends the following site specific conditions of
approval and the standard conditions of approval.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
February 5, 2001, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
no one.
COMMISSION DECISION:
The Commission voted 3 to 0 (Deckers, Franden absent) to recommend approval of CU-22-00 for
a conditional use permit for a 5,300-square foot bank facility with drive-up service (for ATM
machine only) within the Eagle Country Plaza Shopping Center, located on the northeast corner of
Chinden Boulevard and Eagle Road, with the following site specific conditions and standard
conditions of approval with strikethrough text to be deleted by the Commission and underlined
text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (bank with drive-up service) is approved with the following conditions. The property is
subject to the conditions of design review.
2. Provide a 48" high berm (measured from the ceBterliBe of ChiBàeB Bøale'/ar-d finish grade of the
drive-thru lane) with a 3 to 1 slope between the drive-up service lane and Chin den Boulevard and
along the east end of the building (between the drive-up service lane and the north/south driveway for
the shopping center site directly to the east) extending north from the northwest corner of the
intersection of the driveway and Chinden Boulevard approximately 50-feet. (If a retainer wall is
needed the wall shall be reviewed and approved as a part of the design review for the site.) The berm
shall be heavily landscaped to provide screening of the vehicles, and to block the headlights from
shining toward oncoming traffic on Chinden Boulevard. The applicant shall be required to obtain a
license agreement from ACHD and/or ITD for any berming and/or landscaping within the right-of-
way. A landscape plan shall be submitted, as a part of the design review for this site, showing the
details of berming and landscaping along Chinden Boulevard and between the drive-up service lane
and the existing north/south driveway directly to the east.
3. Comply with all conditions of approval for CU-7-98 and DR-35-98 (Country Plaza Shopping Center).
4. Per the approved master landscape plan for the Eagle Country Plaza Shopping Center site, a five-foot
wide concrete sidewalk is required to be constructed on Chinden Boulevard abutting the shopping
center site. The sidewalk shall be constructed prior to within one vear from the date of issuance of a
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building permit for this site. The applicant shall provide a surety (for the guarantee of one year) to the
City for the cost of the design and construction of the sidewalk, prior to the issuance of a building
ermit. If at the end of the one- ear eriod the ortion of Chinden Boulevard Hi hwa 26 abuttin
this parcel has not been reconstructed by ITD, the applicant may request the City Council to review
and possibly approve an extension on the requirement to construct the sidewalk. Prior to any
extension approval. the applicant shall provide a letter from ITD establishing a schedule for the
reconstruction ~if anv~ of Chinden Boulevard. Note: gradiDg plans shO1:11à be submitted for fØ'áew
aDd aIJproval b 'City taff prior to sabmittiBg Hie bailàiBg permit iifJpliûatioD siRce roagh gr:~~~ aRd
sidewalk iæpfovemeRts iR Hiis area '",ill Reed to be ûoæpleted prior to issaaBce of a baildiRg permit.
5. Comply with all the conditions of the development agreement for this site.
6. The drive-up service shall be limited for the use of one ATM machine only.
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on March 13, 2001, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant).
COUNCIL DECISION:
The Council voted 2 to 1 (Bastian absent, Guerber against) to approve CU-22-00 for a conditional use
permit for a 5,300-square foot bank facility with drive-up service (for A TM machine only) within the
Eagle Country Plaza Shopping Center, located on the northeast corner of Chinden Boulevard and
Eagle Road with the following Planning & Zoning Commission recommended site specific conditions
of approval and standard conditions of approval with strikethrough text to be deleted by the Council
and underlined text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Only the use (bank with drive-up service) is approved with the following conditions. The property
is subject to the conditions of design review.
2. Provide a 48" high berm (measured from the finish grade of the drive-thru lane) with a 3 to 1 slope
between the drive-up service lane and Chinden Boulevard and along the east end of the building
(between the drive-up service lane and the north/south driveway for the shopping center site
directly to the east) extending north from the northwest corner of the intersection of the driveway
and Chin den Boulevard approximately 50-feet. (If a retainer wall is needed the wall shall be
reviewed and approved as a part of the design review for the site.) The berm shall be heavily
landscaped to provide screening of the vehicles, and to block the headlights from shining toward
oncoming traffic on Chinden Boulevard. The applicant shall be required to obtain a license
agreement from ACHD and/or ITD for any berming and/or landscaping within the right-of-way.
A landscape plan shall be submitted, as a part of the design review for this site, showing the details
of berming and landscaping along Chin den Boulevard and between the drive-up service lane and
the existing north/south driveway directly to the east.
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3. Comply with all conditions of approval for CU-7-98 and DR-35-98 (Country Plaza Shopping
Center).
4.
In the approved master landscape plan for the Eagle Country Plaza Shopping Center site, a five-
foot wide concrete sidewalk is required to be constructed on Chinden Boulevard abutting the
shopping center site. The sidewalk shall be constructed prior to withiR ORe year from the date of
the issuance of a baildiRg occupancy permit for this site. The applicaDt shall IJroviàe a sarety (for
the gaaraDtee of ORe year) to the City f.or t.ae cost of the àesigR aDd OORStrHCtiOB of the sidewalk,
prior to t.ae issaaDoe of a baildiRg permit. If, at Hie ead of the eRe year period, the P~~B ~~
ChiÐdea Boalevafd (Highway 2€i) abatt-iBg this IJafûel has ROt beeR r-eûÐftst:nlcted by ITD, the
applioaRt may relJHest the City Cmmoil tø review aDd possibly atJprøve aD exteRsioB OR the
reqaÏfømøRt to eoRstrHot the sidewalk.. Prior to aDY exteasiøR atJpro'lal, the iifJIJlioaRt shall provide
a letter from ITD establishiRg a soheàale f.or the r-eûøRst:nlotiøB (if aDY) of ChiRdeR Boalevard.
5. Comply with all the conditions of the development agreement for this site.
6. The drive-up service shall be limited for the use of one ATM machine only.
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 fIfSt.
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 fIfSt.
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 fIfSt.
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 fIfSt.
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 fIfSt. 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
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permits or Certificate of Occupancy, whichever occurs fIfSt.
8. 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.
9. 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.
10. 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.
11. 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 fIfSt. All construction shall comply with the City's specifications and standards.
12. 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 fIfSt.
13. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
14. 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.
15. 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.
16. 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.
17. 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 fIfSt. The letter shall include the following comments and minimum
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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. "
b. The fIfe hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
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 fIfe area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (Le.; 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 fIfSt.
d. The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs fIfSt.
18. 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.
19. 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 fIfSt.
20. 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 fIfSt.
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 fIfSt.
22. 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.
23. Basements in the flood plain are prohibited.
24. 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.
25. 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.
26. Any changes to the plans and specifications upon which this approval is based, other than those
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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.
27. 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).
28. 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 December 6, 2000.
2. Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on
February 26, 2001. 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 February 22, 2001. Requests for agencies'
reviews were transmitted on December 6, 2000 in accordance with the requirements of the Eagle
City Code.
3. The Council has reviewed the particular facts and circumstances of this proposed conditional use and,
in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the C-I-DA zoning district since a Bank with drive-up service is
shown as needing approval of a conditional use permit in the C-l 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, a
development agreement and the conditions 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;
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D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is planned for commercial uses allowed within the Neighborhood Business
District and since adequate buffers have been installed between commercial and
residential uses per the requirements of previous conditional use and design review
applications approved by the City for the Shopping Center site;
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 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;
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; 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 lOh day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada C unty, Idaho
yor
ATTEST:
ß-~g -'I ~(9-ð-K-
Sharon Moore, Eagle City Clerk
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