Findings - PZ - 2001 - CU-22-00 - Construct A 5300 Sq Ft Bank Facility W/Drive Up Service For Atm Only/3314 E
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A BANK
WITH ATM MACHINE DRIVE-UP SERVICE FOR KEY BANK
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-22-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on February 5, 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:
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 ATM machine only) within Eagle Country Plaza Shopping Center.
The site is located on the north side of Chinden 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.
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).
On January 12, 1999, the Eagle City Council approved the design reVIew
application for Eagle Country Plaza Shopping Center (DR-35-98).
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E.
COMPANION APPLICATIONS: none
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION 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 R-l (Residential) Residences
one dwelling unit per
acre max.)
South of site Not in Eagle Area of C-4D (City of Boise Proposed Target
Impact designation) Department Store
East of site Residential One (up to R-l (Residential) Resi dences/P asture
one dwelling unit per
acre max.)
West of site Commercial C-2-DA (General Sav-On Drugstore
Business 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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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 15,990-square feet (0.36-acres) 2,000-square feet (.04-
(327, 700-s. f. / 7.5 acres for acres) (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, 27-parking spaces
13 in shopping center parking
lot)
Front Setback 35-feet 15-feet (minimum)
Rear Setback 0- feet O-feet (minimum)
Side Setback O-feet (east) O-feet (minimum)
Side Setback 66.5-feet (west) O-feet (minimum)
1.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building, bank with drive-up service and
office.
Height and Number of Stories of Proposed Buildings: 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.
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K.
L.
M.
N.
PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Central District Health Department and Eagle
Fire Department have been received by the City. Water service and sewer service
approval letters have not been received to date. Approval of the Eagle Sewer
District and water company having jurisdiction will be required prior to issuance
of a building permit.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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 Qualify
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
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B.
c.
D.
title (Eagle City Code Title 8) for the zoning district involved;
Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8);
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;
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer
and schools; or that the persons or agencies responsible for the establishment of
the proposed use shall be able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the
community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or
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
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
STAFF ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
CHAPTER 6 - LAND USE
B.
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).
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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. 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.
ST AFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
If the City Council determines that additional drive-up services (in addition to the Rite-
AidlSav-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 strike-thru
text to be deleted by the Commission and underlined text to be added by the Commission.
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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 eeÐterline ef Chinden Bm:1levard 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 Chinden Boulevard
approximately 50-feet. (If a retainer wall is needed the wall shall be reviewed and approved
as a part ofthe 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 year from the
date of issuance of a 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 permit. If. at the end of the one-year period. the
portion of Chinden Boulevard (Highway 26) abutting this parcel has not been reconstructed
by lTD. 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
any) of Chinden Boulevard. Nete: gI'adiRg plaHS ooeüld 13e sabmitted fer re'lÍev: and
ap;;e'.tal by City staff prior te sl:l13mittæg the ImildiRg permit applieatieR sinee rol:lgR graàing
and sidewalk imprevemeats ia this area will Reed te 13e ee~leted prier to issüanee ef a
bl:lildiag 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.
ST ANDARD 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
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2.
3.
building permits or Certificate of Occupancy, whichever occurs first.
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.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall
be secured prior to issuance of building permit or Certificate of Occupancy, whichever
occurs first.
4.
Written approval of all well water for any shared or commercial well shall be obtained
from the Idaho Department of Water Resources shall be submitted to the City prior to
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will
be required to furnish the City Engineer with a letter from the sewer entity serving the
property, accepting the project for service, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
6.
The applicant shall submit a letter from the appropriate drainage entity approving the
drainage system and/or accepting said drainage; or submit a letter from a registered
professional engineer certifying that all drainage shall be retained on-site prior to issuance
of any building permits or Certificate of Occupancy, whichever occurs first. A copy of
the construction drawing(s) shall be submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional
engineer to handle the satisfactory disposal of all storm drainage on the applicant's site.
Drainage system plans shall be submitted to the City Engineer for review and approval
prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The plans shall show how swales, or drain piping, will be developed in the drainage
easements. The approved drainage system shall be constructed, or a performance bond
shall be submitted to the City Clerk, prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all
runoff runs either over the curb, or to the drainage easement, and no runoff shall cross
any lot line onto another lot except within a drainage easement.
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
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9.
10.
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.
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.
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.
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
b.
c.
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13.
14.
15.
d.
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.
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.
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.
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.
20.
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.
21.
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
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use ofthe subject property.
23.
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).
24.
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 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 ofthe 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-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 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.
E.
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 will be
installed between commercial and residential uses per the requirements of
Eagle City Code and as required herein;
Will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal,
water and sewer and schools; or that the persons or agencies responsible
for the establishment of the proposed use shall be able to provide
adequately any such services as noted in responses received by agencies
providing the public services or as conditioned herein;
F.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare
of the community;
G.
Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or
the general welfare by reason of excessive production of traffic, noise,
smoke, fumes, glare or odors;
1.
Will have vehicular approaches to the property which are designed as not
to create an interference with traffic on surrounding public thoroughfares
as are to be approved by the highway district having jurisdiction; and
2.
Will not result in the destruction, loss or damage of a natural, scenic or
historic feature of major importance since none are apparent on this site.
DATED this 20h day of February, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
ount Id
ATTEST:
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