Findings - CC - 2003 - CU-9-03 - 960 Sq Ft Addition Chevron Convenience Store/503 E
OR\GINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT FOR A 960 SQUARE FOOT
ADDITION TO THE CHEVRON CONVENIENCE STORE
WITH FUEL SERVICE FOR RICK AND SANDY SMITH
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-9-03
The above-entitled conditional use permit application came before the Eagle City Council for their action
on October 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:
Rick and Sandy Smith, represented by Rick Toews with BRS Architects, are requesting
conditional use approval to allow a 960-square foot addition to the existing Smith's Eagle
Chevron convenience store with fuel service. The 1.5-acre site is located on the west side
of Eagle Road at 503 Eagle Road within the North Channel Center Subdivision.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 7,2003.
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 August 12, 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 August 8, 2003. Requests for agencies' reviews were transmitted on August 8,
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 October 7, 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 October 3,
2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 14, 1997, the Eagle Planning and Zoning Commission approved a design review
application (DR-3-97) to construct a Chevron convenience store with fuel service within
the North Channel Center commercial center. At the time of the aforementioned approval,
Eagle City Code did not require the approval of a conditional use permit for a convenience
store with fuel sales to be located within a C-l zoning district.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Commercial C-l (Neighborhood Business Chevron convenience store
District) with fuel service, car wash
and emissions testing
Proposed No Change No Change No Change
North of site Commercial C-l (Neighborhood Business Washington Mutual bank
District)
South of site Commercial C-l (Neighborhood Business Retail building
District)
East of site Commercial C-3 (Highway Business Eagle Road and proposed
District with Development Westmark Credit Union
Agreement)
West of site Commercial C-l (Neighborhood Business Office building
District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not located within the CEDA, DDA or IDA.
H.
EXISTING SITE CHARACTERISTICS:
This site is improved with a convenience store with fuel service and car wash, with
associated landscaping and parking/drive aisles. The site is located within the North
Channel Center commercial development.
I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.5-acres (65,035-square feet) 0.05-acres (2,000-square feet)
mmlmum
Percentage of Site Devoted to 7.3% (4,718 SF) SO% maximum
Building Coverage (5.8% - 3,758 SF existing)
Percentage of Site Devoted to 32% (20,976 SF) 10% (minimum)
Landscaping
Number of Parking Spaces 24-parking spaces 22-parking spaces (minimum)
Front Setback (east) 100-feet to car wash 15-feet (minimum)
180-feet to store
Rear Setback (west) 15-feet O-feet
Side Setback (north) 38-feet to car wash O-feet (minimum)
152-feet to store
Street Side Setback (south) 30-feet lO-feet (minimum)
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J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
A 960-square foot building addition is to be constructed on the southern portion of the
existing store to provide an area for food preparation, such as a bakery or sandwich shop.
General aesthetic modifications to the site, as well as a sheltered patio on the northern
side of the building are to be constructed.
Height and Number of Stories of Proposed Buildings:
The existing building is one-story tall with a current height of seventeen-feet, eight-inches
(17' - 8"), with the building addition to match the same height.
Gross Floor Area of Proposed Buildings: The existing convenience store consists of 2,904 square-
feet with 960 square-feet to be constructed for the addition.
On and Off-Site Circulation:
A 36,675-square foot (approximately) paved area provides access and parking for vehicles
using this site, accessed by two driveways. One 36-foot wide driveway is located on the
south side of this site on West Inlet Bay Lane, approximately 155-feet west of Eagle Road.
A 30-foot wide driveway is located on the west side of this site on River Shore Lane,
approximately 200-feet north of West Inlet Bay Lane.
K.
PUBLIC SERVICES AVAILABLE:
The convenience store with fuel service has been in continuous operation since 1998, and
has been provided with sewer, water and fire protection. No additional conditions of the
site have been required, as noted within the letter received by the City from the Eagle Fire
District. The Eagle Sewer District is currently providing central sewer service to the site,
and requires the submittal of construction plans for review and approval prior to any
additional connection to the service.
L.
PUBLIC USES PROPOSED: None proposed
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes - located within the Boise River Floodplain
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 500 year - Boise River Floodplain
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
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SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An Environmental Assessment Plan was completed as a part of the Channel Center
Subdivision, in 1995.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference.
P.
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
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
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 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
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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:
Commercial
Suitable primarily for the development of a wide range of commercial activities including
offices, retail and service establishments. Uses should complement uses within the Central
Business District (CBD).
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that a Convenience store with fuel service requires a conditional use
permit within the C-l zoning district.
.
ECC Section 8-5-2 A: Additions Or Alterations:
No existing structure devoted to a use not permitted by this title in the district in which it
is located shall be enlarged, extended, constructed, reconstructed, moved or structurally
altered except in changing the use of the structure to a use permitted in the district in
which it is located.
.
ECC Section 8-7-3-5 (F) Effect Of Issuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
DISCUSSION:
.
While the convenience store with fuel service has been in operation at this location since 1998,
at the time of the approval for the store (DR-3-97), Eagle City Code did not require the
approval of a conditional use permit for a convenience store with fuel sales to be located
within a C-l zoning district. The applicant desires to construct an addition to the building, and
a patio area, which constitutes an expansion to the non-conforming use. However, with an
approval of a conditional use permit, the non-conforming status of the site would be remedied.
.
Numerous uses are currently located within the site, which include a car wash, emissions
testing (located within the car wash structure), and a propane tank-filling facility. While the
majority of these uses may be able to conduct business on a parcel as "stand alone" or single-
use operations, they may be considered ancillary to the convenience store, since the store and
fuel service appear to generate the greatest number of trips to the site. While a car wash,
emissions testing, and a propane tank filling facility may produce more destination trips, staff
believes that the number generated is far exceeded by the number of pass-by trips created by
the convenience store and the fuel service. With this in mind, whether the proposed addition
to the store is for the expansion of self-serve items, or to accommodate a small
bakery/sandwich shop operation, staff believes the site is not being intensified to the degree
that the overall character of the site would change dramatically. In addition, all major
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improvements to the site (sidewalks, roadways, landscaping, parking) have previously been
completed; small-scale aesthetic features may appear to be the only items subject to
enhancement.
One deficiency is the lack of adequate screening of the northern side of the propane facility,
shielding the view from vehicles and pedestrians traveling south on Rivershore Lane. The
applicant should include plans with the design review application for the building addition,
detailing the screening of the propane facility. The materials used to screen the propane
facility should be reviewed and approved by the Design Review Board prior to the City
accepting a building permit for this site.
.
A red van is parked daily adjacent to the car wash building, in which an emissions testing
facility is located. Presumably, the van is displayed as an indicator, or sign, (an "Open" sign is
displayed in the windshield of the van) that an emissions testing station is located on the site,
since the majority of emission testing stations in the area are located within red vans. Since
the van is not parked in an approved parking space, and because the presence of the van
conveys a message in a similar capacity to a sign (which was not approved with the design
review sign application (DR-56-01) for the emission testing station), the van should be located
in an approved parking space and remain free of any lettering or markings which would
constitute a sign, as defined in Eagle City Code.
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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 8, 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 (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Glavach absent) to recommend approval of CU-9-03 for the
conditional use permit to allow a 960-square foot addition to the existing Smith's Eagle Chevron
convenience store with fuel service with the site specific conditions of approval and standard
conditions of approval shown within their Findings of Fact and Conclusions of Law document,
dated September 29,2003.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 28, 2003, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor ofthis proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek absent) to approve CU-9-03 for the conditional use permit to
allow a 960-square foot addition to the existing Smith's Eagle Chevron convenience store with
fuel service, 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 and strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Only the use (Convenience store with fuel service) is approved with the conditions noted herein. The
property is subject to the conditions of design review.
2. Comply with all conditions of DR-3-97 and DR-2-98 MOD, including (but not limited to) the
screening of the lights illuminating the monument sign on Eagle Road with landscaping providing a
twelve-month screen of sufficient height and density to conceal the fixtures. This item shall be
addressed in the design review application to be submitted for the proposed addition to the
convenience store and associated site improvements.
3. The applicant shall screen the propane tank filling facility to shield the equipment from the view of
vehicles and pedestrians on the north side of the facility. Plans showing details and materials used to
screen the propane facility shall be submitted to the City prier to this applieatieR being Beard by the
City Coooeil for review and approval by the Design Review Board prior to the issuance of any
building permits.
4. The red yan park~d adjacent to the ear wash/emissioR testing statiœ shall be parked iH IHl apfH'o'¡ed
parkiHg spaee when on site and ':1m remain free of any lettering Ðr markings, exeept that IHl "OpeR"
sign ma-y be plaeed iH the v:iadshield of the Yan.
STANDARD 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.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
5.
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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.
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
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11.
12.
adjoining property.
The parking area shall be paved and shall be maintained in good condition without holes and tree
of all dust, trash, weeds and other debris.
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 ftom the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
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 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 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.
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20.
21.
22.
23.
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).
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:
I. The application for this item was received by the City of Eagle on August 7, 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 August 12,2003. 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 August 8,2003. Requests for agencies' reviews were
transmitted on August 8, 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 October 7,
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 October 3, 2003.
3. The City Council has reviewed the particular facts and circumstances of this proposed conditional use
and, in terms of Eagle City Code Section 8-7-3-2 "A thru 1" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City
Code Title 8 for the C-l zoning district since a convenience store with fuel service
requires the approval of a conditional use permit;
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)
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since there are no inconsistencies with the Comprehensive Plan and since a convenience
store with fuel service requires the approval of a conditional use within the C-l 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 convenience store
with fuel service has existed at the site for five-years and, will be required to meet
conditions of a design review application for the proposed addition and other changes
proposed for the site;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
majority of the area surrounding the convenience store with fuel service currently has, or
is planned for, commercial uses and, since the site is subject to the conditions of a design
reVIew;
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 as noted in responses received by agencies
providing the public services or as represented by the applicant;
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
convenience store with fuel service site has previously been improved with public
facilities;
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 on surrounding public thoroughfares since the site is utilizing existing
driveway accesses and no additional driveways are proposed or approved with this
application; 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.
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DATED this 11th day of November 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Sharon. Moore, Eagle City Cle k
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