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Findings - PZ - 2020 - CU-07-19 - Mixed Use Sub No 05 - Pet Iq Building Height Exception BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A BUILDING HEIGHT EXCEPTION ) FOR PET IQ,LLC ) IINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-07-19 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on December 16, 2019, at which time public testimony was taken and the public hearing was closed. 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: Pet IQ, LLC, represented by Stan Cole with Cole Architects, is requesting a building height exception to 59-feet. The request is in association with a proposed three(3) story office building. The 3.85-acre site is located within the Eagle River development on the north side of East Eagle River Street and East Riverside Drive on Lot 20 and a portion of Lot 19, Block 3, Mixed Use Subdivision No. 5. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 923 South Bridgeway Place, Eagle, from 6:00- 8:00 PM, Friday,November 8,2019, in compliance with the application submittal requirement of Eagle City Code.The application for this item was received by the City of Eagle on November 12,2019. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on November 14, 2019, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 30, 2019. 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 25,2019. The site was posted in accordance with the Eagle City Code on December 2, 2019. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICA'iiONS:None Page 1 of 12 KAPlanning DeptTagle Applications\CUA2019\CU-07-19 Pet IQ pzf.dcex F. COMPREHr;NSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAIIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION • Existing Commercial C-3-DA(Highway Vacant lots Business District with a development agreement) Proposed No Change No Change Office building North of site Public/Semi-Public and C-3-DA(Highway State Highway 44, Downtown Business District restaurants and office with a development building agreement)and CBD(Central Business District) South of site Mixed Use MU-DA(Mixed St.Alphonsus medical Use with a office development agreement) • East of site Commercial C-3-DA(Highway Vacant lot Business District with a development agreement) West of site Commercial C-3-DA(Highway Retail and office buildings Business District with a development agreement) G. DESIGN REVIEW OVERLAY DIStRICT:Not in the DDA, IDA, CEDA,or DSDA. H. URBAN RENEWAL DISIRICT:No EXISliNG SITE CHARACIERISTICS: The site consists of a vacant lot(Lot 20, Block 3, Mixed Use Subdivision No. 5)and a portion of Lot 19, Block 3,Mixed Use Subdivision No. 5. Page 2 of 12 KAPlanning Dept\Eagle Applications\CUA2019\CU-07-19 Pet IQ pzf.docx J. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 3.85-acres 1,300-square feet(minimum) Percentage of Site Devoted to 10.9% 92%(maximum) Building Coverage Percentage of Site Devoted to 31.2% 10%(minimum) Landscaping Number of Parking Spaces 239-spaces 220-spaces Front Setback(south) 150-feet 0-feet(minimum) Rear Setback(north) 46.2-feet 0-feet(minimum) Side Setback(east) 208-feet 0-feet(minimum) Side Setback(west) 36-feet i 0-feet(minimum) . . K. GENERAL SITE DESIGN FEA'i'(JRES: Off-Site Circulation: The Conditional Use Site Plan, date stamped by the City on November 12, 2019, shows two (2) access points.The west access point to East River Street is located approximately 255-feet east of the intersection of South Eagle Road and East Eagle River Street. The east access point to East Riverside Drive is located approximately 150-feet northeast of the intersection of East Eagle River Street and East Riverside Drive. L. PARKING ANALYSIS: Total for Tenant Area(based on"Offices, business and professional"use) Total: 239—on-site parking spaces(Proposed) Gross Floor Area of Proposed 55,000-square feet: Office Area— 1/250 square-feet 55,000/250 square-feet =220 parking spaces Eagle City Code Section 8-4-5 requires 1 parking space per 250-square-feet of gross floor area for "Offices,business and professional"uses: M. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Water Company,Eagle Sewer District,and the Eagle Fire Department. N. PUBLIC USES PROPOSED:None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. SPECIAL ON-SITE FEAIIJRES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—yes—The site is located within the 1%floodplain area as identified on the Page 3 of 12 KAPlanning DeptTagle Applications\CU\2019\CU-07-19 Pet IQ pzfdocx Flood Insurance Rate Map(FIRM)Panel#16001C153H. Mature Trees — yes — located within the existing planter strips along the existing pathway and existing sidewalk Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern,are noted below: Eagle Fire Department Eagle Sewer District Eagle Water Company Marathon Pipe Line(formerly known as Andeavor) S. LETTERS FROM'[HE PUBLIC (attached to the staff report): Correspondence received from Tom Bobo,Vice President of Development,Eagle River,LLC,date stamped by the City on November 12,2019. T. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular-facts and circumstances of each proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in-fact,constitute a conditional use as established in Section 8-2-3 of this title(Eagle City Code Title 8)for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8); C. Will be designed,constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and Page 4 of 12 KAPlanning DeptTagle Applications\CM2019\CU-07-19 Pet IQ pzf.docx Will not result in the destruction, loss or damage of a natural, scenic or historic-feature of major importance. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Use should complement uses within Downtown Eagle. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city.These areas may require berthing,enhanced landscaping, detached meandering pathways and appropriate signage controls. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'i'HIS PROPOSAL: • Eagle City Code, Section 8-1-2: Rules and Definitions: HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers, and similar structures shall be determined by measuring the vertical distance from the point of contact with the ground to the highest point of the structure, including any vertical projection thereof. When mounted upon other structures, the combined height of the personal wireless facility,spire,pole,antenna,steeple,tower,and/or similar structure, including the height of the structure mounted upon, shall be used to determine height. • Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the C-3 (Highway Business District)zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.)G And H* C-3 35' 0' 0' 0' 0' 92% 1,300 25' • Eagle City Code, Section 8-2A-6: Design Requirements,Objectives, and Considerations: B. Architectural Requirements, Building Materials, Fence and Deck/Patio Materials, Colors, And Architectural Appurtenance Height Limitation:Unless specified as prohibited herein, materials listed in this section are allowed. If a material proposed for construction is not listed in this section it shall be upon the discretion of the zoning administrator,the design review board, and the city council, whichever the case may be, to determine the appropriateness of such material. 6. Architectural appurtenance height restrictions: Page 5 of 12 KAPlanning DeptTagle Applications\CM2019\CU-07-19 Pet IQ pzf.docx a. All spires, poles, antennas, steeples,towers, and any other such structures shall be limited to a maximum of forty feet(40')within the DDA and'IDA and thirty five feet(35')in all other locations.Additional height may be permitted if a conditional use permit is approved by the City Council C. DISCUSSION: • The building elevations, date stamped by the City on November 12, 2019, show the height of the building to be 55-feet in height.As stated in the applicant's narrative, date stamped by the City on November 12, 2019, the additional height of 59-feet is to achieve the programming requirements and design aesthetics of the headquarters building. The applicant's narrative further states the requested increase is also critical in providing the necessary staffing requirements, floor to floor clearances, design elements and roof top mechanical screening features. • The executed development agreement (Instrument #100011692) associated with the Eagle River development (where the subject site is located) contains landscape, site design, and architectural design guidelines associated with the development. The applicant is proposing a "Contemporary" style of architecture to be in conformance with the required guidelines pursuant to the executed development agreement. The proposed architecture is subject to change at the discretion of the Design Review Board and City Council. Owner should submit a design review application for the proposed building and site landscaping(as required by Eagle City Code) and should comply with all conditions required by the Design Review Board and City Council prior to the issuance of a zoning certificate. • The subject site consists of a lot and a portion of an adjacent lot located within Mixed Use Subdivision No. 5 (Eagle River development). Since the site consists of two (2) separate properties the applicant should be required to submit a lot line adjustment application combining the lot and the portion of the adjacent lot into one property prior to construction of the office building. The lot line adjustment should be reviewed and approved by staff. Upon City approval of the lot line adjustment, the applicant should provide a recorded lot line adjustment record of survey prior to the issuance of a zoning certificate for construction of the office building. • Eagle Fire Department provided correspondence, date stamped by the City on November 27, 2019, which states in part, "The building will be required to have aerial fire apparatus access down the long side of the building."The applicant should be required to submit building plans to the Eagle Fire Department for review and approval. An approval letter from the Eagle Fire Department should be submitted to the City prior to issuance of a building permit. • The site is located within an AE (1% Annual Chance) area of special flood hazard area as identified on the Flood Insurance Rate Map (FIRM), Panel #16001C0153H. The applicant should be required to comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code.All City of Eagle approvals will be subject to any FEMA requirements. STAKI'RECOMMENDATION PROVII)ED WITHIN THE STAH4'REPORT: Based upon the information provided to staff to date, if the City Council approves the height exception request then staff recommends the site specific conditions of approval and standard conditions of approval provided within the staff report. Page 6 of 12 KAPlanning DeptTagle Applications\CM2019\CU-07-19 Pet IQ pzfdocx PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on December 16,2019,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 the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by one(1)individual who indicated the following: • The City should not approve the height exception. • There have been too many height exceptions approved within the City of Eagle. • The proposed office building should be setback from State Highway 44. • If the applicant cannot locate within the city without acquiring the height exception the company should locate outside of Eagle. COMMISSION DELIBERATION: (Granicus Time 4:53:35) Upon closing the public hearing,the Commission discussed during deliberation that: • It is important to locate businesses within Eagle so that our residents do not have to travel elsewhere for work. • They will support a building height exception to 55-feet. • The requested building height exception is a reasonable request and the height of the proposed building should not have a detrimental effect on Eagle. COMMISSION DECISION: The Commission voted 4 to 1 (Guerber against*) to recommend approval of CU-07-19 for a conditional use permit for a building height exception for Pet IQ, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Commission and text shown with strikethrough to be deleted by the Commission: DISSENTING OPINION: Commission Guerber voted against the recommendation of the 55-foot building height exception because he supports the applicant's requested 59-foot building height exception based on the location of the building. SITE SPECn'IC CONDITIONS OF APPROVAL: 1. The applicant shall comply with the all applicable conditions of RZ-02-98 and the executed development agreement(Instrument#100011692)for Eagle River Development. 2. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the City,whichever occurs first. 3. The maximum height of the building shall not exceed 55 39-feet. 4. The proposed building design incorporates a "Contemporary" architectural style. The proposed architecture shall be in conformance with the"Eagle River Landscape, Site Design, and Architectural Design Guidelines"pursuant to the executed development agreement.The architectural style is subject to change at the discretion of the Design Review Board and City Council. Owner shall submit a design review application for the proposed building and site(as required by Eagle City Code)and shall comply with all conditions required by the Design Review Board and City Council prior to the issuance of a zoning certificate. Page 7 of 12 KAPlanning DeptTagle Applications\CU\2019\CU-07-19 Pet IQ pzfdocx 5. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to commencing construction of a structure on the site(ECC 8-7-2_A]). 6. Submit a lot line adjustment application combining the lot and the portion of the adjacent lot into one property prior to construction of the office building. The lot line adjustment shall be reviewed and approved by staff.Upon City approval of the lot line adjustment,the applicant shall provide a recorded lot line adjustment record of survey prior to the issuance of a zoning certificate for construction of the office building. 7. Submit building plans to the Eagle Fire Department for review and approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of a building permit. 8. The applicant shall comply with all applicable provisions of Title 10,Flood Control,of the Eagle City Code, prior to the issuance of a building permit. All City of Eagle approvals shall be subject to any FEMA requirements. NOTA:: In the event a Standard Condition of Approval conflicts with a Site-Specific Condition of Approval contained herein the Site-Specific Condition of Approval shall control. 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 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 first. 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. Page 8 of 12 K:\Planning DeptTagle Applications\CM2019\CU-07-19 Pet IQ pedcex 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,or drain,for irrigation water or irrigation waste water owned by an organized irrigation district,canal company, ditch association,drainage district, drainage entity, 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 Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the final plat. 10. 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. 11. 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. 12. 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. 13. 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 Page 9 of 12 KAPlanning DeptTagle Applications\CTJ\2019\CU-07-19 Pet IQ pzf.docx gallons per minute for non-residential uses(i.e.;Commercial,Industrial, Schools,etc.). Flow rates shall be 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. 14. 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 16. 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. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 18. 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. 19. Basements in the flood plain are prohibited. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. Page 10 of 12 KAPlanning DeptEagle Applications\CUA20I9\CU-07-19 Pet IQ pzfdocx 25. 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). 26. 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. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property,the new owner(s)shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred.The new owner(s)shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU- 07-19)in terms of Eagle City Code Section 8-7-3-2,"General Standards For Conditional Uses"and has concluded that 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 zoning district involved since a building height exception may be permitted in the C-3-DA(Highway Business District with a development agreement)zoning district with the approval of a conditional use permit; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8), since there are no inconsistencies with the Comprehensive Plan and since a building height exception is permitted with the approval of a conditional use permit with the C-3-DA(Highway Business District with a development agreement) 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 because the proposed office building will be located within an area that has commercial uses and a state highway located adjacent to the site. The site contains a buffer area with mature trees located adjacent to the state highway. Also,the design and architecture of the proposed office building is required to be reviewed and approved by the Design Review Board and City Council prior to construction; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is surrounded by commercial uses and a state highway; 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.All central services are available to the site.Also,development of sewer,water, drainage, streets,and other urban services will be provided at the developer's expense; 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 will be served with central sewer from the Eagle Sewer District and public water from the Eagle Water Company's system. Fire protection will be provided by the Eagle Fire Department and fire hydrants will be provided where required; Page 11 of 12 KAPlanning DeptTagle Applications\CU\2019\CU-07-19 Pet IQ pzf.dcex G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, since the transportation system has been found to be adequate by ACHD and since the development is not expected to generate any 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 approved by the ACHD; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since there are no scenic or historic features of major importance on the site. 2. 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 6th day of January 2020. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho �? .‘„,.rrrr:„sstp� OF EA ••!®••••vr/ Trent Wright, Chairma : • • * 1.„ 4— SEAL • ATTEST: • / torrrrrre _j4 Sharon . Bergmann, Eagle City Cler, Page 12 of 12 K:\Planning Dept\Eagle Applications\CU\2019\CU-07-19 Pet IQ pzf.docx