Findings - CC - 2002 - CU-2-02 - 97 E Idaho Street/20 Space Public Parking Lot
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A PUBLIC)
PARKING LOT FOR THE CITY OF EAGLE)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2-02
The above-entitled conditional use application came before the Eagle City Council for their
recommendation on April 15, 2002. 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:
The City of Eagle is requesting conditional use approval for the construction of a 20-space
public parking lot. The site is located on the southwest comer of Idaho Street and 151
Street at 97 East Idaho Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 20, 2002.
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 March 30, 2002. 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 March 27, 2002. Requests for agencies' reviews were transmitted on March 21,
2002, 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 April 27, 2002. 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 April 24, 2002.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS:
On July 30, 2001, the City of Eagle purchased the subject parcel to construct a public
parking lot.
E.
COMPANION APPLICATIONS: DR-25-02 (Downtown parking lot Design Review)
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Vacant (formerly a single-
District) family residence)
Proposed No Change No Change Public parking lot
North of site Central Business District CBD (Central Business Residence
District)
South of site Central Business District CBD (Central Business Restaurant
District)
East of site Central Business District CBD (Central Business Residence
District)
West of site Central Business District CBD (Central Business Residence
District)
G.
DESIGN REVIEW OVERLA Y DISTRICT:
Located within the DDA (Downtown Development Area).
H.
EXISTING SITE CHARACTERISTICS:
The site is currently vacant with nine (9) trees (I-Elm, I-Black Walnut and 7- Black
Locust) growing on the site.
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1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.16-acres (6, 969 S. F.) O.Ol-acres (500 S.P. (minimum))
Percentage of Site Devoted to 0% 0% (with approval of a conditional
Building Coverage use permit)
Percentage of Site Devoted to 21 % (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 20-spaces N/A
Front Setback (north) N/A lO-feet (maximum)
Rear Setback (south) N/A O-feet
Side Setback (west) N/A O-feet
Side Setback (east) N/A O-feet
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No new building is proposed.
Height and Number of Stories of Proposed Buildings: No new building is proposed.
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation:
The parking lot will be of a one-way configuration, entering via a 17-foot wide driveway
approach located on Idaho Street abutting the northern property line. Vehicles will exit
into the alley located to the south of the parking lot.
K.
PUBLIC SERVICES AVAILABLE:
Preliminary review letters from the Eagle Fire Department, Eagle Sewer District and
United Water have been received.
L.
PUBLIC USES PROPOSED:
Twenty (20) space public parking lot
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
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Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
P.
Central District Health
Eagle Fire Department
Eagle Sewer District
United Water Company
Q.
LETTERS FROM THE PUBLIC: None received to date.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
R.
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
B.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and 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
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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 PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
d.
Provide adequate parking for downtown.
Chapter 6 - Land Use
6.3
Land Use Designations
Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of business, public, quasi-public, cultural, residential and other related
uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this land use designation. Pedestrian friendly uses and
developments are encouraged. Land within this district requires a CBD zoning
designation upon any rezone.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 PARKING LOT:
Parking lots or garages offering short-term or long-term parking.
.
ECC Section 8-2-3 states that a Parking Lot requires a conditional use permit within the CBD
zoning district.
.
ECC Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
c.
DISCUSSION:
.
Over the course of the past five years, the City has been working toward providing a parking
lot at this site in order to accommodate additional parking needs subsequent to the addition of
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new businesses into the downtown area. When the Old Bank Club was proposed to be
changed in September of 1997 to da Vinci's Restaurant (located south ofthe subject parcel of
this application), it was determined that the restaurant was lacking sufficient parking, as
required by Eagle City Code. As a condition of approval of the Design Review for the site
(DR-19-97), the applicant was required to provide the City a letter of credit in the amount of
$34,000.00 for the future construction of a public parking lot. The City in return agreed to
construct a parking lot within 800-feet of the front door of the restaurant. Subsequent
negotiations with the property owner of the subject parcel and with adequate funds in place,
the City was able to acquire the subject parcel on July 30, 2001. The construction of the
parking lot is proposed to commence upon the City obtaining all necessary approvals and
permits.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends 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 April
15, 2002, 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 (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 (Cadwell, Nordstrom absent) to recommend approval for a
conditional use permit for a twenty space public parking lot with the site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document, dated May 6, 2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 21, 2002, 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/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-2-02 for the conditional use permit for a twenty space
public parking lot with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval.
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SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Only the use (Parking Lot) is approved with the conditions noted herein.
2. Comply with the conditions of DR-25-02.
3. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
STANDARD CONDITIONS OF APPROVAL:
l.
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.
2.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits.
3.
All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
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.
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.
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 flISt. 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.
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. 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.
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8.
9.
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 flISt 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.
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 flISt. 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.
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.
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 fITe 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 fITst.
The proposed fITe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
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13.
14.
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.
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.
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.
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.
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.
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 use of the subject property.
22.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
23.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
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CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 20,2002.
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 March 30, 2002. 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 March 27, 2002. Requests for agencies' reviews
were transmitted on March 21, 2002, 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 April 27, 2002.
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 April 24, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-2-02) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
a.
Will, in fact, constitute a conditional use since Eagle City Code Section 8-2-3 states in part
that a public parking lot may be permitted in the Central Business District if a conditional
use permit is approved by the City Council;
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 since the parking lot
serves to accommodate patrons of downtown businesses and 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 parking lot will
continue the streetscape design previously constructed to the south of this site and will be
required to provide buffering with the residential uses to the west;
d.
Will not be hazardous or disturbing to existing or future neighborhood uses since the
majority of the area surrounding the proposed parking lot is zoned CBD which allows for
commercial 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 as noted in responses received by agencies
providing the public 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 since the
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parking lot will promote patronage at downtown businesses by providing more parking
area;
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 so as not to create an
interference with traffic on surrounding public thoroughfares as are to be approved by the
highway district having jurisdiction; and
1.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on the site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 11 th day of June 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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