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Findings - PZ - 2005 - CU-04-05 MOD - Mod To Cu/One Year Extension Of Time For Completion Of Required Landscaping BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A MODIFICATION TO THE CONDITIONAL USE PERMIT FOR A W ASTEW ATER TREATMENT FACILITY FOR EAGLE SEWER DISTRICT ) ) ) ) ORIGINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-04-0S MOD The above-entitled conditional use permit modification application came before the Eagle Planning and Zoning Commission for their recommendation on July 5, 2005. The Eagle Planning and Zoning Commission 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: The Eagle Sewer District, represented by Lynn Moser, is requesting a modification to the conditional use permit previously approved for a wastewater treatment facility for the 53.2-acre site located on the south side of the State Highway 44 approximately 200 feet west of Ballantyne Road at 1993 West State Street. The modification is a request for a one year extension of time for the completion of a portion of the required landscaping as noted in site specific condition of approval #7 herein. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on April 24, 2006. 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 June 12,2006. 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 June 12, 2006. The site was posted in accordance with the Eagle City Code on June 21, 2006. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On July 12, 2005, the Eagle City Council approved the annexation and rezone applications (A-5-05 & RZ-8-05) and a conditional use permit application (CU-4-04) for a waste water treatment facility for this site. E. COMPANION APPLICATIONS: RZ-08-05 MOD (Landscaping extension of time) Page 1 of 11 K:\Planning DeptlEagle ApplicationsICU\2005\CU-Q4-05 MOD pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two PS-DA (Public/Semipublic Agriculture/vacant with development agreement) Proposed No Change No Change Wastewater treatment facility North ofsite Mixed Use & Residential PS (Public/Semipublic), A Agriculture & Residential Two (Agricultural), A-R (two units/acre) (Agricultural-Residential) & R2-DA-P (Residential- Development Agreement- Planned Unit Development) South of site Industrial A (Agricultural) Wastewater treatment East of site Public/Semi-Public RUT (Residential - Ada Wetland mitigation County designation) West of Site Residential Two RUT (Residential- Ada Agriculture County designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The parcel(s) are fronted by Highway 44 and are currently being utilized as pasture and farm ground. The southwest comer of the proposed area for annexation & rezone lies within the 100-year floodplain. Page 2 of II K:\Planning DeptlEagle Applications\CU\200S\CU-Q4-0S MOD pzf.doc 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site N/A 53.2 acres Percentage of Site Devoted Approx. 25% Not to exceed 50% (as to Building Coverage conditioned herein) Percentage of Site Devoted Approx. 8.5% 8.5% (as conditioned herein) to Landscaping Number of Parking Spaces To be determined with N/A Design Review Front Setback 75-feet 75- feet (as conditioned herein) Rear Setback O-feet 0- feet (as conditioned herein) Side Setback (east) 74- feet O-feet minimum Side Setback (west) 169- feet O-feet minimum J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: 24+/- buildings and/or structures are specifically being proposed at this time. Additional structures should not exceed one-story. All buildings will require design review approval. Height and Number of Stories of Proposed Buildings: A single-story and (2) two-story buildings are specifically proposed at this time. Additional structures should not exceed one-story. All buildings will require design review approval. Gross Floor Area of Proposed Buildings: Approximately 25% not to exceed 50% On and Off-Site Circulation: The property is currently being accessed from the driveway being utilized for the existing sewer treatment facility to the south. There is also an access point west of the existing driveway, which is utilized for farming the northwest corner of the property. The west access will possibly be utilized later after the re-alignment of Ballantyne Road. K. PUBLIC SERVICES A V AILABLE: United Water has previously indicated the site is serviceable with a 12-inch water main in Ballantyne on the north side of State Street. L. PUBLIC USES PROPOSED: The facility is a public use. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 3 of I I K:\Planning DeptlEagle Applications\CU\2005\CU-04-05 MOD pzf.doc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - N/ A Evidence of Erosion - N/ A Fish Habitat - Boise River south of the site. Floodplain - I OO-year floodplain in the southwest corner of site. Mature Trees - located in area of east access road at Highway 44. Riparian Vegetation - N/A Steep Slopes - N/A Stream/Creek - N/A Unique Animal Life - N/A Unique Plant Life - N/A Unstable Soils - N/A Wildlife Habitat - N/A O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. P. AGENCY RESPONSES: The following agencies have previously responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Idaho Power United Water 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; Page 4 of II K:\Planning DeptlEagle Applications\CU\2005\CU-04-05 MOD pzf.doc H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and 1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT MEMORANDUM: . On July 26, 2005, the City Council approved an annexation and rezone with a development agreement (A-05-05 & RZ-08-05) the property owned by the Eagle Sewer District located at 1993 West State Street. At the same meeting, the City Council also approved a conditional use permit (CU-04-05) for the expansion of the existing water treatment plant at the same location. Site specific condition of approval #7 of the conditional use permit states: Landscaping and landscaped berms along the Property's frontage on West State Street (State Highway 44) shall be completed and installed within one (1) year from the date hereof to assure adequate screening when the buildings and other components of the wastewater treatment facilities are subsequently constructed on the property. . Lynn Moser, representing the Eagle Sewer District, is requesting a modification to the site specific condition of approval #7, to allow for a one year extension. The request is due to the Eagle Sewer District working with ITD, ACHD, and the adjacent property owner to the west on the placement of the entrance road located off of State Highway 44. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM: Based upon the information provided to staff to date, staff recommends approval of the modification to the conditional use permit for a landscaping extension of time with the site specific conditions of approval and the standard conditions of approval provided within the staff report memorandum. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on July 5, 2006, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one individual who would like to see the sewer district build a similar berm with landscaping on the north side of State Highway 44, adjacent to his property. The individual also asked to see the final site plan of the facility including the size, height and style of the buildings. COMMISSION DECISION: The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval of CU-04-05 MOD for a modification to the conditional use permit for a wastewater treatment facility for the Eagle Sewer District to allow for a landscaping extension of time with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the development agreement for RZ-08-05 MOD. Page 5 of 11 K:\PJanning DeptlEagJe ApplicaJions\CU\200S\CU-04-OS MOD pzf.doc 2. The owner shall submit a Design Review application for the site (as required by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of the Design Review prior to the issuance of a zoning certificate. 3. The applicant shall construct a minimum seventy-five foot (75') wide landscaped buffer area with a minimum ten foot (10') high berm constructed with a 3:1 slope along State Highway 44 in accordance with ECC 8-2A-7(J)(4)(c) and a fifty foot (50') wide landscaped buffer area adjacent to the east and west boundaries of the site. 4. The applicant shall submit a master site Design Review application for review and approval by the Design Review Board prior to the commencement of any grading and/or construction of berms on the site. Berm construction and associated landscaping shall be completed prior to the issuance of any building permits. 5. A separate Design Review application shall be required for any signage for the site. 6. All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the landscaping areas (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the issuance of any building permits. 7. Landscaping and landscaped berms along the Property's frontage at 1993 West State Street on West State gtreet (State Highway 44) shall be completed and installed within one (1) year from July 26_ 2006 the sate hereof to assure adequate screening when the buildings and other components of the wastewater treatment facilities are subsequently constructed on the property. 8. Prior to the issuance of building permits the applicant shall provide a written statement addressing how odors will be mitigated with the assurance that the selected effluent treatment process will not produce objectionable odors. 9. All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 10. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. II. The Applicant shall submit, as may be determined by the Flood Plain Administrator, a Flood Plain Development Permit in compliance with all rules, regulations and ordinances as required by Title 10, Flood Control, of the Eagle City Code. 12. The site shall be limited to no more than one access point onto State Highway 44, subject to the review and approval of the Idaho Transportation Department. If a the realigrunent of the intersection of Ballantyne Road and State Highway 44 occurs before Design Review approval the west entrance to the size should be aligned with that intersection. 13. Prior to the City issuing a Zoning Certificate for approval ofthe site redevelopment plan (fmal building, site, civil, and landscape plans) all existing buildings shall be removed form the site. 14. The applicant shall obtain a demolition permit for the removal of any structures from the site. 15. The development area (lot coverage) shall not exceed 50% of the site. Page 6 of 11 K:\Planning DeptlEagle ApplicationsICU\2005ICU-04-05 MOD pzf.doc 16. All site lighting is to be shielded to direct all light downward and not project horizontally onto any public right of way, private street, or onto the property line of any residentially zoned parcel of land or parcel of land used for residential purposes. All lights shall be approved as to location design and intensity by the Design Review Board. 17. Construct a minimum six-foot (6') wide asphalt pathway along the frontage ofthe site adjacent to State Highway 44 prior to the issuance of any occupancy permits for the site. Plans for the pathway shall be submitted to the Parks & Pathway Development Committee for a recommendation to the Council. 18. No signs are proposed with this application. A separate design review application is required for the approval of any signs. 19. Plans shall be submitted to the Design Review Board for review and approval prior to the issuance of any building permits. 20. The setbacks shall be as follows: Front Setback: 75-feet Rear Setback: O-feet Side Setback: 50-feet STANDARD CONDITIONS OF APPROVAL: I. 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 Environmental Quality approval of the sewer and water facilities is required prior to issuance of any building permits. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits. The plans shall show how swales, or drain piping, will be developed in the drainage easements. Page 7 of 11 K:\Planning DeptlEagle ApplicationslCUI200SICU-04-0S MOD pzf.doc 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 (I) 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 concem 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. " b. 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. c. 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, Page 8 of 11 K:\Planning DeptlEagle ApplicationsICU\2005ICU-Q4-05 MOD pzf.doc 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. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a building permit. 14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit. 15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building permit. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 20. 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 approva1. 21. 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. 22. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council approval date). 23. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. Page 9 of 11 K:\Planning DeptlEagle ApplicationsICU\200SICU-04-0S MOD pzf.doc CONCLUSIONS OF LAW: I. The application for this item was received by the City of Eagle on April 24, 2006. 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 June 12, 2006. 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 June 12, 2006. The site was posted in accordance with the Eagle City Code on June 21,2006. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit modification application (CU-04-05 MOD) 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 modification is in accordance with the Eagle City Code because: The proposed conditional use; A. Public Service Facilities as defined in ECC Section 8-1-2 are allowed by Conditional Use in the Public/Semipublic PS Zone. B. The expansion of the waste water treatment facility complies with and fulfills numerous objectives of the City of Eagle's 2000 and Soaring 2025 Sub-Area Western Area Plan as noted in Section A of the Staff Analysis regarding Comprehensive Plan Provisions. The proposed expansion of the wastewater treatment facility at the current site meets the general objectives of the Comprehensive Plan by providing a safe and equitable option to protect the health and general welfare of the citizens of Eagle and others who may be downriver from the current site. In order to address the projected growth and meet the objectives of the Amended 2000 Comprehensive Plan and Soaring 2025 "Western Area Plan" adequate facilities to meet the demands of the City of Eagle must be planned and built. The current adopted Comprehensive Plans places responsibility on the City of Eagle and the citizens to cooperate with the Sewer District so the District can provide services in a timely matter to sustain orderly and appropriate growth. The expansion being proposed will accomplish this without having to locate a new facility elsewhere therefore eliminating overlapping service areas. C. Eagle Sewer District is proposing to construct berming and landscaping at this time, which is 2-5 years before the treatment facility is constructed to allow for the landscaping to effectively screen the site. The new site is bordered by the existing sewer site, State Highway 44, wetland mitigation area and agriculture; it appears that the expanded facility would not change the essential appearance and character of the general vicinity, particularly due to the use of effective berming and landscaping. D. The proposed use should not be hazardous or disturbing to existing or future neighboring uses since the Eagle Sewer District will be incorporating state of the art odor and noise control elements to mitigate the past objectionable aspects of the proposed land use. Page 10 of) 1 K:\Planning DeptlEagle ApplicationslCUI2005lCU-04-0S MOD pzf.doc E. This proposed site is currently served by essential public facilities and services at this time and should not create any noticeable additional burden on the existing facilities or services. F. The proposed facility is a public facility which operates as an independent taxing district, there will be costs associated with it at the time of construction. If an additional waste water treatment facility is not constructed the Sewer District will not be able to meet the needs of the anticipated growth of the city therefore becoming detrimental to the cities economic welfare. G. It is in the best interests of the Sewer District and the citizens of Eagle to ensure that the operation of the wastewater treatment plant does not generate excessive noise, glare, traffic, or odors. Eagle Sewer District will be required to meet very restrictive requirements by State and Federal agencies for the construction of this facility. In regards to air and water issues they will be addressed by these agencies. The design review process along with the proposed landscaping and berming should address noise and glare issues. The design review process will also insure that future buildings are screened and designed to fit with the design theme of the City. H. The existing sewer facility is currently being served by an ingress/egress access from Highway 44. The Idaho Transportation Department (ITD) must review and approve the location and of any access to the proposed site. The required design and improvements will be regulated by ITD so that they may preserve the function of the public road while allowing access to the site. 1. The proposed use should not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. At this time no such resources have been identified on site. This site was farmed for many years and is currently in an unnatural state. There are existing wetlands present on the site and are currently being delineated. The proposed land use will have no impact on natural, scenic, or historic feature of major importance. 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. DA TED this 17th day of July 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho -Q~ ,.......... "". . '.. ..' '{ OF P .... "... 1"','\ ........ -/I r. ... I' '-o.J... ...'/ -.. # ~ O\lPOIC.., ...~' \ ,...;" ~~: · ....~ i : ~S~ ..... fA ~n..~AL..., = ';A e.g. ," ~ <f 11 t'oU'f1,9 ~O ,l ~OFl1)P. ,.tl ATTEST: llUA-<~l~ V'Sharon'K. Bergmann, Eagle City lerk Page 11 of 11 K:\Planning DeptlEagle Applications\CU\200S\CU-04-0S MOD pzf.doc