Findings - CC - 2004 - CU-14-03 - Bank Facility 3-Drive Up Service Lanes
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A )
BANKIFINANCIAL INSTITUTION WITH DRIVE)
UP SERVICE FOR BANK OF AMERICA )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-14-03
The above-entitled conditional use permit application came before the Eagle City Council for their action
on February 10, 2004. 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:
Bank of America, represented by Gensler Architects, is requesting conditional use
approval to construct a bank facility with three drive up service lanes. The I. II-acre site
is generally located on the north side of State Highway 44 in the Eagle Promenade
Shopping Center at 3144 West State Street.
B.
APPLICATION SUBMITIAL:
The application for this item was received by the City of Eagle on November 5, 2003.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City ordinances on November 25, 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 November 19, 2003. Requests for agencies' reviews were transmitted
on November 6, 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 January 20, 2004. Notice of this public hearing was mailed to property
owners within three-hundred feet (3OO-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 14,
2004.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On February 27, 2001, the Eagle City Council approved a preliminary plat (PP-18-00) for
Eagle Towne & Country Centre for this site.
On February 27, 2001, the Eagle City Council approved a conditional use permit for a
shopping center (CU-18-oo) for this site.
On February 25, 2003, the Eagle City Council approved a final plat (FP-I-03) for YES
Subdivision (also known as Eagle Promenade) for this site.
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
Proposed No Change No Change Bank facility with three
drive up service lanes
North of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
South of site Mixed Use State Highway 44 & MU Vacant
(Mixed Use)
East of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
West of site Commercial C-3 (Highway Business Vacant lot within Eagle
District) Promenade Shopping
Center
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
EXISTING SITE CHARACTERISTICS:
The vacant parcel is a part of the Eagle Promenade Shopping Center, with landscape
borders on the west and south boundaries (currently under construction with the
development of the Eagle Promenade Shopping Center). In addition, portions of the
shopping center parking and drive aisles have been completed.
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQ UIRED
Total Acreage of Site 1. ll-acres (48,354 S. F.) 0.03-acres (1300 S.F.) minimum
Percentage of Site Devoted to 9% 92% - (maximum)
Building Coverage
Percentage of Site Devoted to 31 % (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 43-spaces 22-spaces, plus queue space for four
cars per drive up window
Front Setback (south) 82-feet O-feet minimum
Rear Setback (north) 10-feet O-feet minimum
Side Setback (east) 144-feet O-feet minimum
Side Setback (west) 64-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 bank facility with three (3) drive-
up service lanes, two (2) with teller service and one (1) for two (2) ATMs. A fourth lane
is considered an "escape" lane and for circulation around the bank building.
Height and Number of Stories of Proposed Buildings:
A single story building, measuring 28-feet in height from the average ground level
adjacent to the foundation to the tallest peak of the roof, is to be constructed. The majority
of the building has an average height of 19-feet to the top of the parapet wall.
Gross Floor Area of Proposed Buildings: 4,4oo-square feet
On and Off-Site Circulation:
Patrons will enter the shopping center site from one of six entrances located on State
Highway 44 and Horseshoe Bend Road. The parking lot for the bank may be accessed
from a drive aisle (located along the northern boundary of the bank parcel) which provides
reciprocal ingress-egress access among the adjacent lots. Starting from the northeast
corner of the building, a single drive up lane traveling west divides into three (3) lanes for
the teller and A TM services located on the west side of the building. Patrons exiting the
drive up service lanes enter into a drive lane to travel east and then north through the bank
parking lot to the shopping center drive aisle.
K.
PUBLIC SERVICES AVAILABLE:
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
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Q.
R.
issuance of any building permits for the site.
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 - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500-year
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):
Not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference. Comments, which appear to be of special concern, are noted below:
Central District Health Department
Eagle Fire Department
Eagle Sewer District
LETTERS FROM THE PUBLIC: None received to date.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDmONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
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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 fIre protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
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.
c.
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 with drive up service requires the
approval of 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.
DISCUSSION:
.
With the review of an application that includes the use of a drive up service, consideration
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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, because the drive up service lanes are proposed to travel from
east to west and then south and east around the building, headlights from the vehicles using
the drive up service have the potential to shine directly into westbound traffic on State
Highway 44 (abutting the southern boundary of this property). The master landscape plan
approved by the City for the Eagle Towne & Country Centre (now known as Eagle
Promenade) was designed with the knowledge that a drive up service facility would most
likely be located on this parcel, and accordingly, landscaping along the western boundary, and
a forty-two inch (42") high wall with plant material along the southern side of the parcel
(adjacent to State Highway 44) was incorporated into the design. This currently planned wall
and landscaping would appear to provide adequate screening for the drive up service lanes
facing State Highway 44. In addition, the proposed pad elevation of the building is
approximately three-feet (3') below the pavement surface of State Highway 44, adding to the
ability to shield headlight glare adequately. It should be noted that with the design of this
particular building, slight modifications to the landscaping are proposed, with the intended
outcome to provide adequate screening from headlight glare. 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.
.
Patrons using the drive up lanes will enter on the northern side of the building which will
require maneuvering the vehicle through a portion of the opposite lane, and as such, a conflict
with an eastbound vehicle is possible. This would be most similar to a left turning movement
across the opposing traffic lane, which occurs in a typical four-leg intersection. Yet, the
difference here is that the left turning vehicle will enter traveling west into a lane adjacent to
the east bound lane; one east bound lane "sandwiched" between two west bound lanes. One
mitigating factor to this potential vehicle conflict may be to delineate a turning pocket for
vehicles making left turning movements into the drive up lane. The turning pocket would
encourage drivers to stop and look for oncoming traffic before making the turn rather than
entering the site in a haphazard manner. The addition of signage for vehicles traveling in both
directions warning drivers of oncoming traffic (or similar phrasing) may further encourage the
awareness of drivers regarding the traffic patterns around this site. 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 entering the drive up lanes from the drive
aisle north of this site.
.
Typical bank 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.
.
With regard to parking, the site may be considered "self-contained" in that it is designed to be
bounded on three sides with landscaping, and the remaining side is a shopping center drive
aisle. Because of this configuration, staff believes there will not be any parking conflicts with
adjacent uses since this parcel is "separated" from the others and patrons will tend to use the
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parking on this particular site rather than abutting sites.
STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the conditional
use permit with 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
December 15, 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 4 to 0 (Deckers absent) to recommend approval of a conditional use permit
for a BanklFinancial Institution with drive up service for Bank of America, with the recommended
site specific conditions of approval and standard conditions of approval shown within their
Findings of Fact and Conclusions of Law document, dated January 5,2004.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 10, 2004, 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 3 to 0 (Nordstrom absent) to approve CU-14-03 for a conditional use for a
BanklFinancial Institution with drive up service for Bank of America with the following Planning
and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use BanklFinancial Institution 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 CU-18-00, PP-18-oo, DR-6-O1 and FP-I-02 for this site.
3. Provide a traffic sign and striping plan as may be necessary that delineates a traffic circulation pattern
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to mitigate potential vehicle conflicts between eastbound vehicles and the vehicles entering the drive
up lanes from the two-way access on the northern side of the bank facility. The plan shall include a
painted solid line and arrows, located directly north of the trash enclosure, delineating traffic lanes and
direction of travel. Details shall be submitted for review and approval by the Design Review Board
prior to the issuance of any building permits for the site.
4. The applicant shall install measures to minimize the decibel level of the outdoor intercom system and
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.
5. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
6. The Design Review Board shall verify that the screening wall and associated landscaping will
adeQuately shield vehicle headlights using this site from shining onto passing traffic on State Highway
44. The applicant shall submit an accurate cross section depicting the wall and landscaping, with the
elevation of the drive aisle on this site shown in relation to the elevation of the roadway bed of State
Highway 44.
STANDARD CONDITIONS OF APPRO V AL:
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.
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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 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 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. "
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20.
21.
b.
The fIfe hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fIfe area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (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 fIfst.
The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
c.
d.
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.
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22.
23.
Approval of any Design Review shall expire without notice to the applicant on the date of
expiration ofthe 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 November 5,2003.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 25, 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 November 19, 2003. Requests for agencies'
reviews were transmitted on November 6, 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 January 20,
2004. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on January 14,2004.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-14-03) 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:
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/fmancial institution with drive up service may be permitted in
the C-3 (Highway Business District) zoning district upon the approval of a conditional use
permit 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 with drive up service is permitted with the approval of a conditional use within
the C-3 (Highway Business District) 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 Bank/financial
institution with drive up service is located within a commercial development previously
approved through a conditional use permit for a shopping center, and is required to
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comply with the requirements of a design review application;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since the
Bank/financial institution with drive up service is to be located within a commercial
development that currently has or proposes to construct compatible commercial uses;
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, and the drive up service lanes have been designed with
screening methods to be located on the southern boundary of the parcel to alleviate
potential headlight glare onto 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 previously 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 24th day of February 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon. Moore, Eagle City CI rk
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