Findings - CC - 2002 - CU-3-02 - Bank Facility W/Drive Up/Automated Teller Machine
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A BANK)
FACILITY WITH DRIVE-UP SERVICE AND AN )
ATM WITH ASSOCIATED DRIVE-UP LANE)
FOR PIONEER FEDERAL CREDIT UNION )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-3-02
The above-entitled conditional use application came before the Eagle City Council for their
recommendation on July 9, 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:
Pioneer Federal Credit Union, represented by Land Consultants Inc., is requesting
conditional use approval for a bank facility with drive-up service and an automatic teller
machine with associated drive-up lane. The site is located on the northeast comer of State
Street and Stierman Way at 560 E. State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 4, 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 May 4, 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 May 1, 2002. Requests for agencies' reviews were transmitted on April 4, 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: None
E.
COMPANION APPLICATIONS: None
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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 Credit Union with one
District) drive-up service lane
Proposed No Change No Change Credit Union with three
drive-up service lanes
North of site Central Business District CBD (Central Business City Library
District)
South of site Central Business District CBD (Central Business Office/Mobile Home Park
District)
East of site Central Business District CBD (Central Business Office/Retail
District)
West of site Central Business District CBD (Central Business Convenience Store with
District) fuel service
G.
DESIGN REVIEW OVERLAY DISTRICT:
Located within the CEDA (Community Entry Development Area).
H.
EXISTING SITE CHARACTERISTICS:
A 2, 120-square foot bank facility (credit union) with one drive-up service lane is currently
located on the site.
1.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.5-acres (21, 997 S. F.) O.Ol-acres (500 S.F. (minimum))
Percentage of Site Devoted to 9.6% 20% - minimum (CEDA)
Building Coverage 85% - maximum (CEDA)
Percentage of Site Devoted to 13% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 13-spaces II-spaces
Front Setback (south) 55-feet 20-feet minimum (CEDA)
Rear Setback (north) 25-feet O-feet
Side Setback (west) 60-feet lO-feet minimum (CEDA)
Side Setback (east) 54-feet lO-feet minimum (CEDA)
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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 is served by three driveway accesses; one 28-foot wide driveway on
Stierman Way, a 25-foot wide driveway on a private road to the north of the site and a
private drive located to the east of the building. The two private roads travel through a
portion of the City Library property to access the Aquila Village Commercial Subdivision
to the east of this site; reciprocal ingress-egress easements allow for cross access among
the parcels.
K.
PUBLIC SERVICES AVAILABLE:
A review letter from the Eagle Fire Department states they have no concerns regarding the
site plan. The Eagle Sewer District states the site is currently served by the sewer district;
Eagle Water supplies central water.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500-year
Mature Trees - Yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: 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
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Central District Health
Eagle Fire Department
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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.
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
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
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 THIS PROPOSAL:
.
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #2 of 2
shows the intersection of Stierman way and State Street shifting eastward to be in alignment
with Flagstone Lane to connect to the future extension of Plaza Drive.
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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 8-2-3 states that a Bank facility with drive-up service requires a
conditional use permit within the CBD zoning district.
.
ECC Section 8-2A-6 D (3) (d) (development within the CEDA):
Lot coverage by the footprint of the structure shall be a minimum of twenty
percent (20%) and a maximum of eighty five percent (85%) in which case off-site
parking shall be provided for.
.
ECC Section 8-2A-6 D (5) states in part that a development within the CEDA
overlay district shall provide modified streets cape with eight foot (8') wide
sidewalks plus a ten foot (10') wide park strip with street trees, pedestrian lights
and lawn.
.
ECC Section 8-3-6: STREET IMPROVEMENTS ON STATE STREET AND
EAGLE ROAD:
The City has a substantial investment in the street improvements constructed
along State Street between Ballantyne and Edgewood Lanes and along Eagle
Road between the Highway 55 bypass and Ranch Drive as part of the Eagle
Downtown Revitalization Project. It is essential to the public health, safety and
welfare that any new construction along the designated portions of those streets
comply with the following standards. In addition, State Street and Eagle Road are
State highways and are subject to the jurisdiction both of the Idaho Department of
Transportation, hereafter defmed as "Department", and the Ada County Highway
District, hereafter defmed as "District". Applications for any building permit for
construction adjacent to the above-designated portions of State Street and Eagle
Road shall comply with the following requirements:
A.
Street Cuts: No utility cuts into the pavement of State Street or Eagle Road will be
permitted without a permit from the Department, or District, whichever is
applicable.
Curb, Gutter And Sidewalks: Construction of standard six inch (6") vertical curb
and gutter, and five foot (5') sidewalks meeting the Department, or District
B.
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c.
c.
standards, whichever is applicable, shall be constructed.
Plans: Plans for curb, gutter, sidewalk and pavement match design must be
submitted to and approved by the Department, or District, whichever is
applicable, for compliance with standards.
Street Lights And Trees: Applicants who propose development adjacent to State
Street between Cobblestone Lane to Stierman Way, and adjacent to Eagle Road
between Aikens and Idaho Streets shall be required to install street lights and trees
approved by the City. City approval shall include installation, location and
spacing of street lights and trees determined by the City. Light poles and bases
installed by the City during the 1993 Eagle Downtown Revitalization Project in
accordance with specifications and drawings for street light and trees are on file at
City Hall. Trees must be installed in tree wells. Power to the street lights and
irrigation water for the trees must be provided by the applicant. Tree types must
be from an approved list provided by the City.
D.
.
ECC Section 8-5-2 C: Change of Nonconforming Use:
If no structural alterations are made, any nonconforming use of a structure and
land may, upon the issuance of a conditional use permit by the Council, be
changed to another nonconforming use; provided, that the Council shall find that
the proposed use is equally appropriate or more appropriate to the district than the
existing nonconforming use. In permitting such change, the Council may require
appropriate conditions and safeguards in accord with other provisions of this Title.
.
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.
DISCUSSION:
.
While a bank facility with drive-up service has been in business at this location for a number
of years (most recently as Washington Federal Bank), there is no confmnation of a conditional
use permit being approved for the site. The City's records indicate that the bank was in
operation prior to the City of Eagle changing its code to require approval of a conditional use
permit to operate a bank with drive-up service in the CBD zoning district. In most cases, a
lawful use that existed prior to an ordinance revision may continue to conduct business in a
lawful manner whether it may now be considered a non-conforming use or an allowed use
which does not meet newly created requirements. Since the applicant desires to add a second
drive-up lane and an A TM with associated drive-up lane, the use on the site is being
intensified and is subject to conform to the regulations of the CBD zoning district, which
includes a conditional use permit as well as design review approval.
.
The existing building footprint is 2,120 square feet, approximately 9.6% of the total square
footage of the site (20% is the minimum required within the CEDA overlay district) and is
therefore a nonconforming use. Eagle City Code Section 8-5-2 (C), states that a
nonconforming use (through the approval of a conditional use) may be changed to another
nonconforming use; provided, that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. Since the
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use on the site has been and continues to be a bank with a drive-up service, staff recommends
approval to allow the site's current nonconforming use to continue.
.
In regard to the review of an application with a drive-up service, consideration should be given
to surrounding properties and uses due to noise and headlight glare created by the vehicles
accessing the site. It may be considered that because commercial uses abut the site to the east
and west, State Street to the south and the Library to the north (at a distance of more than 200-
feet), this site will have little impact on the adjacent properties. Staff will defer to the
Planning and Zoning Commission, Design Review Board and City Council to determine
whether additional screening or other measures shall be required for the drive-up service.
.
The site is located within the CEDA Design Review Overlay District which requires the
construction of a modified streetscape with eight-foot (8') wide sidewalks plus a ten-foot (10')
wide park strip with street trees, pedestrian lights and lawn along Stierman Way and State
Street. The Library to the north of this site has constructed an 8-foot wide concrete sidewalk
separated by an 8-foot wide park strip with street trees along Stierman Way abutting the site;
the applicant for this site has proposed to construct an 8-foot wide attached concrete sidewalk
abutting Stierman Way with a lO-foot wide park strip with street trees and historic lights
located between the sidewalk and the parking lot on this site. Due to the limited distance
between the existing building and the proposed improvements, the applicant has proposed this
configuration in order to provide adequate parking and a driveway aisle. Staff recommends
the applicant apply for an alternate method of compliance for the streetscape improvements
along Stierman Way, for review and approval by the Design Review Board prior to the
commencement of any work on the site
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #2 of 2
shows the easterly shift of Stierman Way at the intersection with State Street to align with
Flagstone Lane, (the private road on the south side of State Street). The intent of this future
realignment is to help facilitate more north-south connections within the City with a
connection essentially from Ranch Drive north of State Street to the future Plaza Drive
extension south of State Street. The realization of this plan would entail not only the purchase
of land on the bank site but also the purchase of multiple properties (some with existing
dwellings) for a public right-of-way corridor to accommodate the connection.
The issue arises as to the viability of this proposed realignment and road connection since it
may be considered that the construction of this connection may not occur for a number of
years. While it may be considered that a north-south connection is necessary in the near
future, the benefit to the public as well as the bank site must be weighed against the cost of the
improvements. The realignment of the intersection of Stierman Way and State Street would
require approximately one-third of the bank site to be acquired by the Ada County Highway
District to accommodate the roadway.
Secondly, the development on the south side of State Street consists of retail/office buildings
adjacent to State Street and a mobile home park located immediately south. For the north-
south road to connect from State Street to the future Plaza Drive, the street would travel
through a private road corridor (Flagstone Lane) which would need to be purchased, along
with portions of abutting properties, in order to accommodate a public roadway.
Recognizing the need for interconnectivity and because the Comprehensive Plan delineates the
intersection realignment, the requirement may be made that a revised site plan be submitted
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showing Stierman Way shifting east to align with the intersection of State Street and Flagstone
Lane for a future north-south connection to Plaza Drive. However, consideration may be
made to not require the bank site to dedicate right-of-way for the realignment of Stierman Way
but rather to require any future redevelopment of the parcel on the south side of State Street to
dedicate and design a public road to be in alignment with the current location of Stierman
Way. Staff will defer the discussion of this issue to the Planning and Zoning Commission and
the City Council.
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 May 20,
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 5 to 0 to recommend approval for a conditional use permit for a bank
facility with drive-up service and an automatic teller machine with associated drive-up lane with
the following staff recommended site specific conditions of approval and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document, dated June 3,
2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 9, 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
app licant/representati ve).
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek absent) to recommend approval for a conditional use permit
for a bank facility with drive-up service and an automatic teller machine with associated drive-up
lane with the following Planning and Zoning Commission recommended site specific conditions of
approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (Bank facility with drive-up service) is approved with the conditions noted herein. The
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property is subject to the conditions of design review.
2. Construct curb, gutter and a meandering eight-foot (8') wide concrete sidewalk along State Street
abutting this site, prior to the issuance of Certificate of Completion. Construction drawings, which
comply with all requirements of the Ada County Highway District, shall be reviewed and approved
prior to the commencement of construction.
3. The applicant shall construct an eight-foot (8') wide concrete sidewalk attached to the back of curb
along Stierman Way abutting this site. A ten-foot (10') wide landscape strip with street trees and
historic lights shall be constructed between the back of sidewalk and the existing buildings and related
improvements. Plans shall be submitted for review and approval by the Design Review Board prior to
the commencement of work on the site.
4. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
5. The applicant shall comply with the conditions of the Ada County Highway District Commission
report dated May 15, 2002.
STANDARD CONDITIONS OF APPROV AL:
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 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.
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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.
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 flfSt 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.
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.
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
b.
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20.
21.
22.
c.
Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
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.
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 fmal 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.
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.
Approval of any Design Review shall expire without notice to the applicant on the date of
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23.
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
approval date).
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 April 4, 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 May 4, 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 May 1, 2002. Requests for agencies' reviews were
transmitted on April 4, 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 June 3, 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 May 29,2002.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-03-02) 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 as established in Eagle City Code Section 8-2-3
which states in part that a bank facility with drive-up service 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)
because although the bank site is not required to dedicate sufficient right-of-way to realign
Stierman Way to the east, the Council believes that a situation does not yet exist to warrant
the reconstruction of the intersection of Stierman Way and State Street, and that the
feasibility of a north-south connection from State Street to the future Plaza Drive
extension would be more appropriate upon redevelopment of the property south of State
Street;
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 bank site will be
required to be improved with landscaping as well as continue the streets cape design on
State Street previously constructed to the east of this site and will be required to improve
Stierman way with curb, gutter, sidewalk, street trees and historic lights;
d.
Will not be hazardous or disturbing to existing or future neighborhood uses since the area
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surrounding the bank facility with drive up service is zoned CBD with commercial uses
currently in operation adjacent to this 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 are
providing adequate 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
bank facility is currently served with public services and the site will maintain patronage
to the downtown business 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 23rd day of July 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
RiCkY~
ATTEST:
~~~ ~~
"""Sharon . Moore, Eagle City CI k
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