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
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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.
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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
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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
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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:
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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.
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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.
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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.
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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
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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.
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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;
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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
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Trent Wright, Chairma :
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Sharon . Bergmann, Eagle City Cler,
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