Findings - CC - 2007 - CU-09-06 - Install 1440 Sq Ft Mobile Office/296 North 1St St.
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FORA )
CONDITIONAL USE PERMIT FOR A MOBILE )
OFFICE FOR THE LANDING COMMUNITY CENTER )
AND CONTINUATION OF NONCONFORMING )
USE FOR THE LANDING COMMUNITY CENTER )
ORIGINAL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-09-06
The above-entitled conditional use permit application came before the City Council for their action on
January 16,2007. 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:
The Landing Community Center, represented by Russ Phillips with Insight Architects, is
requesting conditional use permit approval to install a 1440-square foot mobile office for The
Landing Community Center and to allow the site to remain nonconforming with the
provisions of Title 8 Chapter 2A. The site is located on the southeast comer of North Eagle
Road and East Mission Drive at 296 North 1st Street.
B. APPLICA TION SUBMITTAL:
The application for this item was received by the City of Eagle on October 2, 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 Code on November 13, 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 November 7, 2006. The site was posted in accordance with the Eagle City Code
on November 2 I, 2006. Requests for agencies' reviews were transmitted on October 19,
2006 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 Code
on December 18, 2006. Notice ofthis 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 14,
2006. The site was posted in accordance with the Eagle City Code on or before December
20, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: DR- I 03-06
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Four R-4 (Residential) Community Center/Church
Proposed No change No change Mobile office for the
Community Teen
Center/Church
North ofsite Residential Four R-4 (Residential) Single family residential
South of site Residential Four R-4 (Residential) Single family residential
East of site Residential Four R-4 (Residential) Single family residential
West ofsite Public/Semi-public PS (Public/Semi-public) Eagle Elementary School
and Parking lot
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA,
H. EXISTING SITE CHARACTERISTICS: There are three (3) buildings located on this site
(existing church facility), There are numerous trees located throughout the site as well as a gravel
parking lot.
I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED
Total Acreage of Site 1.427-acres (62,160-square feet)
Percentage of Site Devoted to Building Coverage 10% (approximately)
Percentage of Site Devoted to Landscaping 60% (approximately)
Number of Parking Spaces 35-parking spaces
Front Setback 20-feet (north) *
Rear Setback IO-feet (south) *
Side Setback 8- feet (east) *
Side Setback 45-feet (west) *
· Note: The setbacks are measured from the property hne to the closets butldmg.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One mobile office to be used as the teen center.
Height and Number of Stories of Proposed Buildings: I2-feet; one story.
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Gross Floor Area of Proposed Buildings: 1,440-square feet.
On and Off-Site Circulation:
An 18,71S-square foot (approximately) gravel parking lot provides parking for vehicles
using this site. One twenty four foot (24') wide driveway is located approximately 205-
feet east of Eagle Road providing access to East Mission Drive.
K, PUBLIC SERVICES A V AILABLE:
A preliminary approval letter from Eagle Fire Department has been received by the City.
A water service approval has not been received to date. Approval of the water company
having jurisdiction will be required prior to issuance of a building permit.
L. PUBLIC USES PROPOSED: Computer lab and educational areas for teens,
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
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
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference and attached to the staff report. Comments, which appear to be of special
concern, are noted below:
Ada County Highway District
Central District Health
Chevron Pipeline
Eagle Fire Department
Q, LETTERS FROM THE PUBLIC: None received to date.
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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 ofthe 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 ofthe community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 1 - Overview
1.3 - The City of Eagle Vision Statement
g. A community committed to its support for children and families.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2
MOBILE OFFICE: A detached mobile unit not intended for occupancy as a dwelling unit
designed to be transported after fabrication on its own wheels or on flatbed or other
trailers or detached wheels. Use of mobile office at other than a construction site requires a
conditional use permit.
· Eagle City Code Section 8-2-3 states that a Mobile Office requires a conditional use permit
within the R-4 zoning district.
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. Eagle City Code Section 8-5-2(C)
Change Of Nonconforming Use: If no structural alterations are made, any nonconforming
use of a structure and land may, upon the issuance of a conditional use permit by the
council, be changed to another nonconforming use; provided, that the council shall find
that the proposed use is equally appropriate or more appropriate to the district than the
existing nonconforming use. In permitting such change, the council may require
appropriate conditions and safeguards in accord with other provisions of this title.
. Eagle City Code Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
C. DISCUSSION:
. The mission of The Landing Community Center is to provide opportunities for persons of all
ages with regard to social activities, education, development, and to enhance the quality of the
physical, mental, spiritual, and social life of each individual and family in the community.
The applicant is requesting conditional use permit approval to install a 1,440-square foot
mobile office at The Landing Community Center and the continuance of the nonconforming
use for two (2) years. The mobile office is to be used as a computer lab and educational areas
for the teen programs. This mobile office will be an accessory to the Chapel building which
houses the teen center. The mobile office should be removed from this site on or before
January 9, 2009.
There are numerous components of this development that do not comply with Eagle City Code
Title 8, Chapter 2A with regard to setbacks, architectural style, landscaping, paved parking,
lighting, etc, The applicant is requesting per Eagle City Code Section 8-5-2 (C), to allow the
continued use of the property in its current nonconforming status for an additional two (2) year
period while the design and layout of the permanent facility are developed at which time the
site will be brought into full compliance with Eagle City Code. The site should be brought
into compliance with Eagle City Code Section 8-2A on or before January 9, 2009.
. Currently North I st Street terminates at this site southern property line, To alleviate cut
through traffic and to lessen the impact on the neighbors to the south of this site, the applicant
would like to close off the access to North 1 st Street. The applicant should be required to work
with the Eagle Fire Department to create an appropriate method to obstruct the access to North
1 sl Street. Written approval from the Eagle Fire Department approving the method to close the
access to North 1 st Street should be submitted to the City for review and approval prior to the
City issuing a building permit for the mobile office to be placed on this site.
. Staff 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 I" (required findings for approval of a
conditional use), has made the following conclusions:
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 R-4 zoning district since a mobile office is shown as
needing approval of a conditional use permit in the R-4 zoning district on the "Official
Schedule of District Regulations" chart of that section; and Section 8-S-3-2 (C) of this
title (Eagle City Code Title 8) since nonconforming uses are shown as needing
approval of a conditional use permit for "Change of Nonconforming Use";
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
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8) since there are no inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions of the design review application;
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 development will meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is planned for residential 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
since the residential subdivision has already been reviewed and approved;
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 as previously approved
for the subdivision; 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.
STAFF RECOMMENDATION PROVIDED 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 4, 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 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 to recommend approval of CU-09-06 for a conditional use permit
for a mobile office for The Landing Community Center and the continuation of nonconforming
use for The Landing Community Center, 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 18, 2006.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 16, 2007, 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).
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve CU-09-06 for a conditional use permit for
a mobile office for The Landing Community Center and the continuation of nonconforming use
for The Landing Community Center, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use Mobile Office is approved with the conditions noted herein, The mobile office is subject
to the conditions of design review.
2. This conditional use permit shall expire two years from the date of the City Council approval. The
mobile office shall be removed from this site on or before January 9, 2009.
3. The site shall be brought into compliance with Eagle City Code Section 8-2A on or before January 9,
2009.
4. Work with the Eagle Fire Department to create an appropriate method to obstruct the access to North
1 st Street. Written approval from the Eagle Fire Department approving the method to close the access
to North 1st Street shall be submitted to the City for review and approval prior to the City issuing a
building permit for the mobile office to be placed on this site.
5. The method used to close the access to North I sl Street shall be installed prior to the City issuing a
Certificate of Occupancy for the mobile office.
6. No signs are proposed with this application and none are approved, A design review application is
required for the approval of any signs.
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 or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
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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 or Certificate of
Occupancy, whichever occurs fU'St.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever
occurs first. 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 or
Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy,
whichever occurs first.
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.
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11, The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris,
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
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,
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 or Certificate of Occupancy, whichever
occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate
of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or
Certificate of Occupancy, whichever occurs first.
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
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may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
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.
22. 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
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
24. 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 Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 2, 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 Code
on November 13, 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 November 7, 2006. The site was posted in accordance
with the Eagle City Code on November 21, 2006. Requests for agencies' reviews were transmitted on
October 19, 2006 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 Code on December 18, 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 December 14,2006. The site was posted in accordance with the Eagle City Code
on or before December 20, 2006.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-09-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title
(Eagle City Code Title 8) for the R-4 zoning district since a mobile office is shown as
needing approval of a conditional use permit in the R-4 zoning district on the "Official
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Schedule of District Regulations" chart of that section; and Section 8-S-3-2 (C) of this
title (Eagle City Code Title 8) since nonconforming uses are shown as needing
approval of a conditional use permit for "Change ofNonconforrning Use";
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title
8) since there are no inconsistencies with the Comprehensive Plan and since the
development will be required to meet conditions ofthe design review application;
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 development will meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
area is planned for residential 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
since the residential subdivision has already been reviewed and approved;
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 as previously approved
for the subdivision; and
I. W ill not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance since none are apparent on this site,
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 13th day of February 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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Sharon K. Bergmann, Eagle City lerk
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