Findings - CC - 2003 - CU-2-03 - Construct Bank With 4-Drive Up Service Lanes
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR A
CREDIT UNION FACILITY WITH DRIVE UP
SERVICE FOR WESTMARK CREDIT UNION
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-2-03
The above-entitled conditional use application came before the Eagle City Council for their action on May
28, 2003. 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:
Westmark Credit Union, represented by Newell Goldsberry with Sundberg & Associates,
is requesting conditional use approval to construct a credit union facility with four drive
up service lanes. The .82-acre site is generally located on the northeast corner of Eagle
Road and Eagle River Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on February 13, 2003.
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 18,2003. 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 12, 2003. Requests for agencies' reviews were transmitted on February
14,2003, 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 May 6, 2003. 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 1,2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a rezone (RZ-2-98) with a
development agreement (including a concept plan) for this site.
On April 24, 2001, the Eagle City Council approved a preliminary plat, Mixed Use
Subdivision No.1 (PP-14-00) for this site.
On May 8, 2001, the Eagle City Council approved a final plat, Mixed Use Subdivision
No.1 (FP-13-01) for this site.
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On December 17, 2002, the Eagle City Council approved a combined preliminary and
final plat, Mixed Use Subdivision No.4 (PP/FP-4-02) for this site.
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGN A TION
Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
Proposed No Change No Change Credit Union with four
drive up service lanes
North of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
South of site Commercial C-3-DA (Highway Business Proposed Wendy's fast
District with Development food Restaurant with one
Agreement) drive-thru service lane
East of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
West of site Public / Semi-Public & C-l (Neighborhood Business Eagle Road & North
Commercial District) Channel Center
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The parcel is currently vacant, with landscape borders on the west and south boundaries
(improved with the development of Eagle River).
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.82-acres (35,719 S. F.) 0.03-acres (1300 S.F.) minimum
Percentage of Site Devoted to 16% 92% - (maximum - or as may be
Building Coverage limited by ECC requirements)
Percentage of Site Devoted to 24% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 28-spaces 28-spaces, plus queue space for four
cars per the drive up window
Front Setback (west) 60-feet O-feet minimum
Rear Setback (east) 42-feet O-feet minimum
Side Setback (north) 45-feet O-feet minimum
Side Setback (south) 65-feet O-feet minimum
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One building is to be constructed for the operation of a credit union with four (4) drive-up
service lanes, three (3) with teller service and one (1) for an ATM.
Height and Number of Stories of Proposed Buildings:
A single story building, measuring 25-feet in height from the average ground level
adjacent to the foundation to the peak of the roof, will be constructed.
Gross Floor Area of Proposed Buildings: 5,600-square feet
On and Off-Site Circulation:
The parking lot is served by one 30-foot wide shared driveway access on the north side of
Eagle River Drive, with additional access provided through reciprocal ingress-egress
easements among the adjacent lots. Traveling west, four (4) drive up service lanes located
on the north side of the building will be accessed from the east end of the parking lot,
merging into a two-lane drive along the western and southern sides of the building and
returning to the parking lot.
K.
PUBLIC SERVICES A V AILABLE:
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 within the District's service
boundaries and construction plans will need to be approved prior to the connection of
sewer service. Approval of the water company having jurisdiction over the site is
required prior to the issuance of any building permits for the site.
L.
PUBLIC USES PROPOSED: None
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M.
N.
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 - Yes - the site is located within the 100-year and 500-year floodplain
Mature Trees - no
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):
An environmental assessment plan was provided to and reviewed by the City Engineer for
the Eagle River Development (a copy is on file with the City Engineer). In addition,
because this site was included within the calculations for the Flood Plain Development
Permit (FPDP-5-00) for the Eagle River Development, this development will not alter
previously approved development plans.
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
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
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
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D.
E.
F.
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;
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.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
h.
Promote additional employment opportunities and expand the economic base by
a) encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with
adequate commercial services and facilities.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that a BanklFinancial Institution (Credit Union) with drive-
up service requires a conditional use permit within the C-3 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.
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C.
DISCUSSION:
.
With the review of an application that includes the use of a drive up service, consideration
should be given to surrounding uses and roadways due to noise and headlight glare created
by the vehicles accessing the site. It may be considered that because commercial uses
exist or are proposed to be constructed surrounding this site, there will be little impact on
the adjacent properties and uses. However, consideration should be given to passing
vehicles and pedestrians on Eagle Road abutting the western boundary of this property.
Because the drive up service lanes are proposed to travel from east to west and then south
around the building, headlights from the vehicles using the drive up service have the
potential to shine directly into north bound traffic on Eagle Road. The applicant has
submitted a conceptual landscape plan (date stamped by the City on February 13,2003)
showing a forty-two inch (42") high wall and plant material along the western side of the
parcel (adjacent to Eagle Road) and perpendicular to vehicle headlights utilizing the drive
up lanes. This currently planned wall and landscaping would appear to provide adequate
screening for the drive up service lanes facing Eagle Road.
An existing subdivision identification sign and landscaping (albeit not presently at mature
growth) on the northeast corner of Eagle Road and Eagle River Drive may be considered
as adequate for the purpose of screening vehicle headlights as vehicles travel south from
the drive up lanes, and facing north bound traffic on Eagle Road. Staff will defer to the
Planning and Zoning Commission, Design Review Board and City Council to determine if
any additional screening measures should be required for the drive up lane.
.
Vehicles exiting the four drive up lanes will be required to either travel north into an
adjacent site's parking lot (currently not constructed), or south into a two-lane road way
that travels south and east around the credit union building. Because the corner of the
credit union building and the proposed landscaping may interfere with a driver's field of
view when attempting to turn south from one of the drive up lanes, a conflict with a north
bound vehicle is possible. A solid double yellow line painted in the middle of the two-
lane access on the western side of the building, and a sign warning drivers of two-way
traffic, may aid in reducing vehicle conflicts for north and south bound traffic circulating
within the parking lot and drive up lanes. The applicant should be required to provide a
sign and striping plan that delineates a traffic circulation pattern to mitigate potential
vehicle conflicts between vehicles exiting the drive up lanes and entering the south bound
two-way access on the western side of the credit union building.
.
Typical credit union facilities with drive up service lanes have outdoor intercom systems
(for patrons) that may project sound outside of the bank's property boundaries. While this
site is bounded on all sides by commercial property or roadways, this does not alleviate the
creation of a possible nuisance to adjacent users. Eagle City Code Section 4-9-3 prohibits
any person or business to make loud noise which is audible at a distance of more than one-
hundred feet (100') by loudspeaker or other amplifying device between the hours of 10:00
P.M. and 7:00 AM. The applicant should provide details on how the intercom system
decibel level will be minimized to mitigate the effects on adjacent properties.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
14, 2003, 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 of CU-2-03 for a conditional use permit for
a credit union facility with drive up service for Westmark, with the site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document, dated April 28, 2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 28, 2003, 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/representati ve).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-2-03 for a conditional use permit for a credit union
facility with drive up service for Westmark, 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 BanklFinancial Institution (Credit Union) with drive-up service is approved with the
conditions noted herein. The property is subject to the conditions of design review.
2. Comply with all requirements of the development agreement dated, January 25, 2000, between the
City of Eagle and Eagle River LLc.
3. Comply with all requirements of FPDP-5-00 for the Eagle River Development and Mixed Use
Subdivision No.4 (PP/FP-4-02).
4. Provide a sign and striping plan that delineates a traffic circulation pattern to mitigate potential vehicle
conflicts between vehicles exiting the drive up lanes and entering the south bound two-way access on
the western side of the credit union building. Details shall be submitted for review and approval by the
Design Review Board prior to the issuance of any building permits for the site.
5. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and
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its effects on adjacent properties (sound not to be audible at more than one-hundred feet from source).
Details shall be submitted for review and approval by the Design Review Board prior to the issuance
of any building permits.
6. Upon submittal for a Design Review application for this site, the applicant will be required to provide
a revised landscape plan which shows three-inch (3") caliper (minimum) trees on the site, pursuant to
Eagle City Code Section 8-2A-7 (E) (4) (the landscape plan submitted with this application and date
stamped by the City on February 13,2003, calls out two-inch (2") caliper deciduous trees).
7. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
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 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.
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.
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Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits.
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 flfSt. 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 by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
b.
c.
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20.
21.
22.
d.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
13.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or 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 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.
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
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 February 13, 2003.
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 18, 2003. 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 12, 2003. Requests for agencies' reviews
were transmitted on February 14,2003, 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 May 6, 2003.
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 1,2003.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-2-03) 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:
D.
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 since a bank/financial institution (credit union) with drive up
service may be permitted in the C-3-DA (Highway Business District with
Development Agreement) zoning 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 and
since a bank/financial institution (credit union) with drive up service is permitted
with the approval of a conditional use within the C-3-DA (Highway Business
District with Development Agreement) zoning district and the Comprehensive
Plan designates this site as Commercial;
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 site is located within a commercial development guided by a
development agreement that requires all buildings to adhere to design guidelines
intended to establish a well-balanced development;
Will not be hazardous or disturbing to existing or future neighborhood uses since
the bank/financial institution (credit union) with drive up service is to be located
within a commercial development that currently has or proposes to construct
compatible commercial uses;
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E.
Will be served adequately by essential public facilities that are currently available
to the site such as highways, streets, police and fire protection, drainage structures,
refuse disposal, 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 since the site has been improved with essential public facilities such as
streets, sewer and water services;
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
since the site will be required to provide outdoor communication systems that are
designed to mitigate noise projection onto adjacent property, as well as screening
methods to shield headlights and parked vehicles from passing motorists and
pedestrians;
H.
Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares as 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.
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 10th day of June 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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