Findings - CC - 2004 - CU-13-03 - Cu To Construct Bank With 3-Drive Up Service Lanes
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A CONDITIONAL USE PERMIT FOR A )
BANK/FINANCIAL INSTITUTION WITH DRIVE)
UP SERVICE FOR HOME FEDERAL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-13-03
The above-entitled conditional use permit aJplication came before the Eagle City Council for their action
on January 13, 2004. The Eagle City COl.ncil 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:
Home Federal, represented by Russ Phillips with Insight Architects, is requesting
conditional use approval tü construct a bank facility with three drive up service lanes.
The .63-acre site is generally located on the northeast comer of Eagle Road and East
Riverside Drive in the Eagle River Commercial Development at 100 East Riverside Drive.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 21, 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 November 11,2003. Notice of this public hearing
was mailed to property ownl~rs 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 5,2003. Requests for agencies' reviews were transmitted on October
22, 2003, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing 011 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 December 23, 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 December 18,
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
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No.1 (FP-13-01) for this site.
On April 22, 2003, the Eagle City Council approved a preliminary plat, Mixed Use
Subdivision No.5 (PP-I-03) for this site.
E.
COMPANION APPLICATIONS: f\!one
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGN A nON
Existing Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
Proposed No Change No Change Bank Facility with three
drive up service lanes
North of site Commercial C-3-DA (Highway Business Wendy's Restaurant with
District with Development one drive-thru service lane
Agreement)
South of site Commercial C-3-DA (Highway Business Vacant lot within Eagle
District with Development River Development
Agreement)
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-I (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 partial parking and drive aisle improvements
completed with the construction of the Wendy's fast food restaurant on the parcel to the
north. Landscaping has been completed on the western boundary (improved with the
development of the Eagle River Commercial development).
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I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site D.63-acres (27,390 S. F.) 0.03-acres (1300 S.F.) minimum
Percentage of Site Devoted to 17.6% 92% - (maximum - or as may be
Building Coverage limited by ECC requirements)
Percentage of Site Devoted to 13% (approx.) includes plaza 10% (minimum)
Landscaping area
Number of Parking Spaces 29-spaces (includes 1 handicap 25-spaces, plus queue space for four
space) cars per the drive up window
Front Setback (west) 44-feet O-feet minimum
Rear Setback (east) 238-feet O-feet minimum
Side Setback (north) O-feet a-feet minimum
Side Setback (south) 8-feet O-feet minimum
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The construction will consst of one building for the operation of a Bank Facility with
three (3) drive-up service lanes, with one (1) lane doubling as access for an ATM.
Height and Number of Stories of Proposed Buildings:
A single story building will be constructed, measuring twenty-feet, eight-inches (20' - 8")
in height from the average ground level adjacent to the foundation to the peak of the
parapet wall.
Gross Floor Area of Proposed Buildings: 4,844-square feet
On and Off-Site Circulation:
The shared parking lot is to be served by three (3) shared driveways (through reciprocal
ingress-egress easements among the adjacent lots); two (2) accessing East Riverside Drive
to the east and southeast, and one (1) accessing East Eagle River Street to the north. The
three (3) drive up service lanes located on the east side of the building will be accessed by
traveling north from the parking lot, merging into a two lane drive aisle accessing the
driveway on East Eagle River Street.
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.
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L.
M.
N.
PUBLIC USES PROPOSED: None
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 1O0-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 Developm~nt (a copy is on file with the City Engineer). In addition,
because this site was inclujed within the calculations for the Flood Plain Development
Permit (FPDP-5-00) for th~ Eagle River Development, this development will not alter
previously approved develo?ment plans.
P.
AGENCY RESPONSES:
The following agencies ha'{e responded and their correspondence is included herein by
reference. 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
Idaho Power
Idaho Transportation Department
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
EAGLE CITY CODE 8-7-3-2 GEf'ERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the folJowing 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
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c.
D.
E.
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
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;
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 arlY 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 detriITental 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 mrrounding 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 Developmen:
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 Bank/Financial Institution with drive-up service requires a
conditional use permit within the C-3 zoning district.
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.
ECC Section 8-2A-7 (B)(2) Landscape As Percentage of Site:
Landscaping shall cover a minimum of ten percent (10%) of the property on all other
developments. Hardscape plaza areas, such as decorative concrete/paver patios that
are integrated into the design of the landscaped area, may be included in the 10%
landscape coverage requirement.
.
ECC Section 8-7-3-5 (F)
A conditional use pemLÍt shall not be considered as establishing a binding precedent
to grant other conditional use permits.
c.
DISCUSSION:
.
With the review of an application that includes the use of a drive up service, consideration
should be given to surroundng uses and roadways due to noise and headlight glare created
by the vehicles accessing thl~ site. It may be considered with this application 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. The drive up service lanes are located in
the middle of a cluster of existing (or soon to be developed) buildings and landscaping,
which block the headlights From projecting into the adjacent roadways. In addition, the
drive up service lanes are proposed to direct vehicle travel from south to north and then
into the parking lot, where the driver has the option to access one of three (3) driveways to
the adjacent local roadways: the drive up service lanes do not direct traffic into a roadway
where headlight glare would negatively impact passing vehicles.
Staff will defer to the Plann ing and Zoning Commission, Design Review Board and City
Council to determine if any screening measures should be required for the drive up lanes.
.
Vehicles exiting the three d:ive up lanes will be required to immediately enter into a five-
point intersection of drive aisles within the parking lot, with two (2) northbound lanes
converging at a point which is offset from the "T" portion of the intersection. A potential
conflict exists if more than one vehicle uses either the drive aisle or parking area and a
vehicle exits the bank drive up lane at the same time. Because of this intersection offset
and the two (2) northbound drive aisles located side by side, it would be necessary for the
driver exiting the bank drivl~ up lane to peer over their right shoulder behind them to look
for oncoming traffic, which is not typically a "natural" maneuver for drivers to expect.
A sign warning drivers of merging traffic may aid in reducing vehicle conflicts for the
north bound traffic by alerting the bank patrons of oncoming traffic behind them. The
applicant should be requir~d to provide a sign plan that delineates the location of a
"merging traffic" sign to mitigate potential vehicle conflicts between vehicles exiting the
drive up lanes and entering the north bound lanes of the intersection located on the east
side of the bank building, pll0r to the issuance of any building permits for the 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 nuisal1ce 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.
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STAFF RECOMMENDATION PROVID:B:D WITHIN 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 1, 2003, at which time testmony 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).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by (1) one individual with concerns regarding the potential of this site competing
with the fast food restaurant to the north for shared parking, and that the addition of 3 to 4 more spaces
on the south side of the bank would alleviate this concern.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CO-13-03 for a conditional use for a
BanklFinancial Institution with drive up service for Home Federal with the site specific conditions
of approval and standard conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated December 15, 2003.
Further, the Commission recommended that the City Council consider requiring the applicant to
install 3-4 additional spaces on the south site of the bank facility to alleviate competition for shared
parking spaces between this site and the fast food restaurant to the north.
(Note: The applicant revised thE: site design to include the addition of four (4) parking
spaces on the south side of the bank facility, as shown on the plan submitted to the City
Council on January 13, 2004.)
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 13, 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/representative) .
D. Written testimony in favor of this propüsal was submitted to the City Council by one (I) individual
who was satisfied that that the amount of parking spaces on this site would alleviate competition
amongst adjacent businesses for parking during peak business hours.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-13-03 for a conditional use for a BanklFinancial
Institution with drive up service for Home Federal 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 APP]~OV AL:
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 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.5 (PP-I-03).
4. The applicant shall install speed 1:Hlmps ~;aution signs within the drive aisle on the east side of the drive
up service lanes to mitigate potential vehicle conflicts between vehicles exiting the drive up lanes and
entering the north bound lanes of the irltersection located on the northeast side of the bank 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
its effects on adjacent properties (sound not to be audible at more than one-hundred feet from source).
Details shall be submitted for review ar.d approval by the Design Review Board prior to the issuance
of any building permits.
6. No signs are proposed with this application and none are approved.
application is required for the approval of any signs.
A separate design review
7. The applicant will instruct employees to use the parking spaces located east of the bank building.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, ¡ ncluding 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 tht: 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.
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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 he
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 ~asement.
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 dcwnstream 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 cop:, 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 ismance 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 issuanœ 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
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11.
12.
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
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.
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 mademangements 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 shaJ 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 Counci I 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 thl~ 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) frcm the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency Laving 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
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20.
21.
22.
23.
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 specijcations 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 i:; the subject of this application, shall require the applicant to
comply with all rules, regulations, ürdinances, 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 ~hall 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 applicaticn 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 October 21. 2003.
2. Notice of Public Hearing on the applkation for the Eagle Planning and Zoning Commission was
published in accordance with the requiœments of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 11, 2003. I'otice 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 5,2003. Requests for agencies'
reviews were transmitted on October 22, 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 December 23,
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 December 18, 2)03.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-13-03) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the informaticn provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
The proposed conditional me;
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 with drive up service may be
permitted in the C-3 (Highway Business District) zoning district if a conditional
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use permit is approv~d by the City Council;
B.
Will be harmonious with and in accordance with the general objectives or with
any specific objecti ve of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since ¡here 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 site is located within a commercial development guided by a
development agreement that requires all buildings to adhere to design guidelines
intended to establis~ a well-balanced development;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
the bank/financialnstitution with drive up service is to be located within a
commercial development that currently has or proposes to construct compatihk
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 USfS, 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 h~ required to provide outdoor communication systems that are
designed to mitigat~ noise projection onto adjacent property, and the drive up
service lanes have been designed to be located on the eastern side of the building
to alleviate potential headlight glare onto motorists and pedestrians passing hy on
public roadways;
H.
Will have vehicular approaches to the property which are designed so as to not
create an interference with traffic on surrounding public thoroughfares as
previously approvecl 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.
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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 27th day of January 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
I
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Page 13 of 13
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