Findings - CC - 2007 - CU-14-07 - Cup/84 Space Parking Garage/Height Exception/0.91 Acre/45 W State St ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR A )
PARKING GARAGE AND HEIGHT EXCEPTION )
REQUEST FOR EAGLE COLONADE FOR )
TRI-CITY MEATS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-14-07
The above-entitled conditional use permit application came before the Eagle City Council for their
decision on December 11, 2007, at which time public testimony was taken and the public hearing was
closed. 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:
Tri City Meats,represented by Bob Niblett with Niblett&Associates Architects, is
requesting a conditional use permit for the construction of an 84-space parking garage and
a conditional use height exception for a 58-foot high mixed-use building and a 58-foot
high parking garage for the Eagle Colonade project.The 0.91-acre site is located on the
south side of West State Street approximately 134-feet west of Eagle Road at 45 West
State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 7:00 PM, October 9, 2007, incompliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on October 11, 2007.
C. NOTICE OF PUBLIC HEARING:
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 October 22, 2007. 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 October 17, 2007. The site was posted in accordance with the Eagle City Code
on November 9, 2007. Requests for agencies' reviews were transmitted on October 17,
2007, in accordance with the requirements of the Eagle City Code.
Notice of public hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 26, 2007, and December 3, 2007. 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 the Eagle City
Code on November 20, 2007. The site was posted in accordance with the Eagle City Code
on December 3,2007.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business CBD(Central Business District) Commercial
District
Proposed No Change No Change Mixed-use building and
parking garage
North of site Central Business CBD(Central Business District) Jackson's fuel service and
District convenience store
South of site Central Business CBD(Central Business District) Rembrandt's, Residence and
District Parking Area
East of site Central Business CBD(Central Business District) Abandoned Gas Station
District
West of site Central Business CBD(Central Business District) The Landing Community
District Center
G. DESIGN REVIEW OVERLAY DISTRICT: Within the DDA(Downtown Development Area)
H. EXISTING SITE CHARACTERISTICS:
There are two (2) residences on the property and the old Tri City Meats building. There
are also numerous trees located on the site.
SITE DESIGN INFORMATION: N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: Two;multi-use and a parking garage
Height and Number of Stories of Proposed Buildings:
Multi-use building: 58'—three(3)stories
Parking garage: 58'—four(4)stories
Gross Floor Area of Proposed Buildings:
Multi-use building: 54,000 sq. ft.
Parking garage: 51,120 sq. ft.
On and Off-Site Circulation:
The site can be accessed from Old Park Place, West Aikens Road, and West State Street.
K. PUBLIC SERVICES AVAILABLE: The site is located within the Eagle Water Corporation
service area and the Eagle Sewer District. Fire protection is provided by the Eagle Fire District.
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L. PUBLIC USES PROPOSED: Approximately 63 parking spaces within the proposed parking
garage are proposed to be provided for public parking at no cost (the commercial area of the
development will require 59 parking spaces). The remaining 21 parking spaces are proposed for
the residences of the condominium units located on the third floor of the proposed mixed use
building.
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):
None Required
P. 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:
Central District Health
Chevron Pipeline
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q. LETTERS FROM THE PUBLIC:
Justin S. Woolston and Daniel L. Woolston stated in correspondence dated stamped by the City on
November 14, 2007, that they were concerned the size (height) of the proposed parking structure
would cause a negative impact to surrounding properties by blocking ambient sunlight and sense
of scale thereby creating a "canyon effect" to the surrounding neighbors. They were also
concerned the width of the sidewalk on the west side of both the proposed mixed use building and
parking garage was not designed per code. They also expressed a desire to have street trees planted
along the west side of the proposed parking garage to act as a buffer and therefore lessen the
potential visual impact the proposed parking garage would create to the neighbors.
Kay B. Sherer stated in correspondence date stamped by the City on November 19, 2007, that she
is concerned that the construction of the proposed mixed use building and proposed parking
structure will destroy the ambience of Eagle's downtown area. She also is concerned that by
allowing these two proposed structures to be built it will only be a matter of time before even
bigger buildings are proposed and approved in the down town area of Eagle.
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Ron and Nancy Marshall, represented by Bill Lamm stated in correspondence date stamped by the
City on November 19, 2007, that the height of the proposed mixed use building and proposed
parking garage is too high and will "open the door"to more buildings proposed to be constructed
at 58-feet tall or even higher.
Jack H. Stuart, stated in correspondence date stamped by the City on November 27, 2007, that he
is uncomfortable with the height of the parking garage and suggested that the height of the parking
garage could be reduced by placing the first floor underground.
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title(Eagle
City Code Title 8)for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes,glare or odors;
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.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6 Land Use
6.3.11 Central Business District
Suitable primarily for development that accommodates and encourages further
expansion and renewal in the downtown core business area of the community. A
variety of businesses, public, quasi-public, cultural, residential and other related
uses are encouraged. The greatest possible concentration of retail sales and
business is to occur in this land use designation. Pedestrian friendly uses and
developments are encouraged. Land within this district requires a CBD zoning
designation upon any rezone.
6.5 Land Use Objectives
b. To encourage development with decreasing density radiating out from the CBD
as shown on the Land Use Map.
6.6 Land Use Implementation Strategies
f. Locate higher-density residential development closest to the Central Business
District(CBD)as shown on the Comprehensive Plan Land Use Map.
m. Promote commercial service and retail development within the Central
Business District that contributes to a pedestrian friendly environment.
Chapter 12 Community Design
12.1 Background and Vision
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route)and 55 (Eagle Road). These entrances with their landscaping(or lack
thereof),commercial signage and building character provide the first,and
oftentimes the most lasting impressions of the entire community.The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
Design review procedures should guide future development and redevelopment of
existing uses. Depending on land uses and buildings, more extensive landscaping
and fewer points of access may be required.The design review process will afford
the opportunity to address the special features of each property and facility in a
manner that will best address the overall intent of enhancing Eagle's entryways.
Eagle's entrance corridors may take on the look of berms built adjacent to
Banbury and Lexington Hills Subdivisions.
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B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Section 8-2-3
A parking garage requires a conditional use permit within the CBD zoning district.
• Section 8-2A-6(A)(5)(b): Design Requirements; Objectives and Consideration-Utilities
The location and design of transformers, pad mount and roof mounted mechanicals and
electrical equipment shall be reviewed and approved by the design review board. All roof
mounted mechanicals shall be completely screened from view through the use of a parapet
wall when utilizing a flat roof design or shall be enclosed within the building when utilizing a
roof design other than a flat roof. "Screened from view" shall mean "not visible" at the same
level of the parapet wall(e.g., the perspective generally as shown on an elevation plan).
• Section 8-2A-6(AX6): Building Design
a. Building Mass: The mass of the building shall be reviewed for its
relationship with existing development in the immediate surrounding area
and with the allowed use proposed by the applicant;
b. Proportion of Building: The height to width relationship of new structures
shall be compatible and consistent with the architectural character of the
area and proposed use;
c. Relationships of Openings in The Buildings: Openings in the building shall
provide interest through the use of such features as balconies,bays, porches,
covered entries, overhead structures, awnings, changes in building façade
and roofline alignment, to provide shadow relief. Avoid monotonous flat
planes;
d. Relationship of Exterior Materials: The design review board shall determine
the appropriateness of materials as they relate to building mass, shadow
relief, and existing area development. Use of color to provide blending of
materials with the surrounding area and building use, and the functional
appropriateness of the proposed building design as it relates to the proposed
use shall be considered;and
e. Allowed Architectural Styles: The architecture styles provided in the EASD
book are approved examples for applicants to follow when designing for
Eagle architecture.
• Section 8-2A-6(B)(6)(a): Architectural appurtenance height restrictions:
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 TDA 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.
• Section 8-2A-6(C)(2): Downtown Development Area: DDA—Architectural Character
a. Height: Height of buildings is restricted to a maximum height of forty feet
(40'). To the extent the height requirements herein conflict with section 8-2-4
of this chapter,the height requirements herein shall control.
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• Section 8-3-3: Supplemental Yard And Height Regulations
A. Visibility At Intersections: On a corner lot in any district, nothing shall be
erected, placed, planted or allowed to grow in such a manner as to materially
impeded visions between the height of two and one-half(2 1/2) and ten feet
(10') above the center line grades of the intersecting streets in the area
bounded by the right of way lines of such corner lots and a line joining points
along said street right of way lines twenty five feet (25') from the point of
intersection.
C. DISCUSSION:
• The applicant is requesting conditional use approval for the construction of an 84-space
parking garage and a conditional use height exception for a three story, mixed use building
and a parking garage. Both structures are proposed to be constructed using the Italianate style
of architecture provided in the Eagle Architecture and Design Book(EASD).
• The structures are proposed to be located on the east side of Olde Park Place between Aikens
Road to the south and State Street to the north. The mixed use building will front on State
Street and Olde Park Place with the parking garage behind it on the corner of Olde Park Place
and Aikens Street. Per Eagle City Code, a conditional use permit is required for the parking
garage and the height exception requested for both the building and garage.
• The proposed mixed use building is proposed to be three stories and approximately fifty eight
feet (58') high. The portions of the main floor fronting State Street and Olde Park Place will
consist of retail businesses, the second floor will be professional office space and the third
floor will be residential condominiums. The third floor will be set back from the face of the
building approximately ten (10) feet to minimize the mass of the building on State Street. The
applicant is requesting a height of fifty eight(58)feet because the type of steel being used for
the frame and the joist/girder system for the floors and ceilings requires that height for
structural design, stability and function. Pedestrian amenities, sidewalk design, plaza areas,
street lights, and street trees will be provided by the applicant and will be reviewed and
approved by the Design Review Board.
• The proposed parking garage is proposed to be located behind (south)the multi use building
and accessed from Olde Park Place and Aikens Street. The architectural style of the parking
structure will be the Italianate style of architecture as provided in the EASD book and will
mirror the same style of architecture as the proposed mixed use building. The applicant has
stated that the proposed parking garage will be designed to accommodate 80 — 84 parking
spaces, however, the number of parking spaces provided could increase as design and
engineering of the garage is completed. The applicant is requesting a height of fifty eight feet
(58) for the parking garage to accommodate the additional height of an elevator shaft that will
protrude above the parapet walls of the parking garage. The elevator will serve the public
using the upper floors of the parking garage as well as the residents of the condominiums on
the top floor of the mixed use building. The parking garage will be separated from the mixed
use building by a ten foot (10') wide sidewalk and twenty foot (20') wide fire access road
located on the north side of the parking garage. Sidewalk design, street lights and street trees
associated with the parking garage will be reviewed by the Design Review Board.
• There are several trees located on the property and because of the footprints of the mixed use
building and parking garage; these trees will need to be removed. However, Resolution No. 07-
19, Section 4, provides the applicant the ability to request removal of the trees without
compensatory replacement provided the City Council determines the trees are not of historical
significance. The site plan submitted by the applicant shows 43, 3-inch caliper street trees to be
installed on site for a total of 129" of replacement caliper. Species of trees suggested by the
applicant will be reviewed by the City Forester and the Design Review Board.
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• Staff has reviewed the particular facts and circumstances of the proposed conditional uses and,
per Eagle City Code Section 8-7-3-2 "A-I" (required findings for approval of a conditional use),
has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 and Section 8-2-4 of
Eagle City Code Title 8 for the Central Business District (CBD) zoning district since parking
garages and building heights over forty feet(40')are shown as needing approval of a conditional
use permit as shown on the "Official Schedule of District Regulations" chart and "Schedule of
Building Height and Lot Area Regulations"chart of those sections;
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 if the requested height exception and parking
garage are approved,will be required to meet conditions of a 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 construction of the mixed use
building and parking garage, which incorporates the Italianate style architecture as provided in
the EASD book,will help to enhance and revitalize the Central Business District;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since similar uses are
encouraged in the Central Business District;
E. Will be served adequately by essential public facilities that are currently available to the site such
as highways, streets, police and fire protection, drainage structures, refuse disposal, 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 as noted in responses received
by agencies providing the public services,or as conditioned herein;
F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community because the entire project
will be privately funded by the applicant;
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 not create an interference with traffic on surrounding public thoroughfares since parking
will be relegated to one specific location providing greater opportunities for pedestrian access to
the building associated with this application and other businesses in the CBD;and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City approves the conditional use permit for a parking garage and height exception for this
site, 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 COMIVIISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 19, 2007, 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 three (3) individuals who expressed the following concerns regarding the
development:
• The proposed height of fifty eight feet(58') for both structures is too high for the
downtown area.
• The mixed use building and parking structure will ruin the downtown.
• Access issues from State Street, Olde Park Place and Aikens Road to the parking
garage.
• The increase in traffic will result in hazards to pedestrians, particularly children as
they walk through that area of the down town to and from school.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
ten(10) individuals who believed that:
• The proposed mixed use building and parking garage will be landmark buildings
in the downtown and will be an asset to the City of Eagle.
• The property currently is an eyesore and the proposed mixed use building and
parking garage will be a great improvement.
• The proposed mixed use building and parking garage will draw people to the
downtown and keep them there which will help all businesses in the downtown.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning
and Zoning Commission by three (3) individuals who expressed their concerns over proposed
height of both the mixed use building and parking garage, potential traffic impacts and
landscaping and sidewalk amenities.
COMMISSION DECISION:
The Commission voted 3 to 0 to (McCarrel absent, Pierce abstained) to recommend approval of
CU-14-07 for a conditional use permit for a parking garage and height exception request for Eagle
Colonade for Tri-City Meats, 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
3,2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 11, 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 six (6) individuals
who expressed the following concerns regarding the development:
• The proposed height of fifty eight feet (58') for both structures is too high for the
downtown area.
• The mixed use building and parking structure will ruin the downtown.
• Access issues from State Street, Olde Park Place and Aikens Road to the parking
garage.
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C. Oral testimony in favor of this proposal was presented to the City Council by eight(8) individuals who
believed that:
• The proposed mixed use building and parking garage will be landmark buildings
in the downtown and will be an asset to the City of Eagle.
• The property currently is an eyesore and the proposed mixed use building and
parking garage will be a great improvement.
• The proposed mixed use building and parking garage will draw people to the
downtown and keep them there which will help all businesses in the downtown.
• This project represents a good vision for the future of the downtown area.
• The proposed mixed use building and parking garage will be catalysts to the
downtown and help to foster a sense of community.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by
two (2) individuals who expressed their concerns over proposed height of both the mixed use building
and parking garage, potential traffic impacts, visual impact of the building from Eagle Road, scale of
the proposed mixed use building and parking garage in comparison to existing buildings in the
downtown, and the architectural variation of the proposed mixed use building and parking garage
compared to other architectural styles of existing buildings in the downtown.
COUNCIL DECISION:
The Council voted 3 to 1 (Bastian against)to approve CU-14-07 for a conditional use permit for a
parking garage and height exception request for Eagle Colonade for Tri-City Meats, 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 conditional use permit for the parking garage and height exception for the two(2)58-foot
high (maximum) buildings (mixed use and parking garage) are approved (with the following
conditions). The application is subject to the conditions of design review.
2. Submit a design review application addressing the Italianate style architecture of the mixed use
building and the parking garage, the landscaping, pedestrian amenities, sidewalk design, lighting,
etc. The design review application shall be reviewed and approved by the Design Review Board
prior to the City issuing a zoning certificate for this site.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project prior to the issuance of a zoning certificate.
4. The applicant shall obtain a Zoning Certificate from the City of Eagle Planning and Zoning
Department prior to commencing any construction(including the removal of any trees).
5. This conditional use permit shall expire on January 1, 2009. Should construction not commence by
January 1,2009,the applicant may apply for a one(1)-year extension of time with the City.
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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.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits. A
copy of the construction drawing(s)shall be submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
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.
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9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way,prior to issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust,trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits. 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.
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.
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.
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16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and 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. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
22. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code(one year from the Planning and
Zoning Commission approval date).
23. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at 7:00 PM, October 9, 2007, in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by the City of
Eagle on October 11,2007.
2. 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 October 22, 2007. 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 October 17, 2007. The site was posted in accordance
with the Eagle City Code on November 9, 2007. Requests for agencies' reviews were transmitted on
October 17, 2007, in accordance with the requirements of the Eagle City Code.
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Notice of public hearing on the application for the City Council was published in accordance with the
requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on November 26, 2007, and
December 3, 2007. 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 the Eagle City Code on November 20, 2007. The site was posted in accordance with
the Eagle City Code on December 3, 2007.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-14-07)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 and Section
8-2-4 of Eagle City Code Title 8 for the Central Business District (CBD) zoning
district since parking garages and building heights over forty feet (40') are shown as
needing approval of a conditional use permit as shown on the "Official Schedule of
District Regulations" chart and "Schedule of Building Height and Lot Area
Regulations"chart of those sections;
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 will be
required to meet conditions of a 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 construction of the mixed use building and parking garage, which incorporates the
Italianate style architecture as provided in the EASD book, will help to enhance and
revitalize the Central Business District;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
similar uses are encouraged in the Central Business District;
E. Will be served adequately by essential public facilities that are currently available to
the site such as highways, streets, police and fire protection, drainage structures,
refuse disposal, 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 as noted in responses received by agencies providing the
public services or as conditioned herein;
F. Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community
since the project will be privately funded by the applicant;
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 not create an interference with traffic on surrounding public thoroughfares since
parking will be relegated to one specific location providing greater opportunities for
pedestrian access to the building associated with this application and other businesses
in the CBD; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature
of major importance.
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4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 18th day of December 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
4.72„Nancy C. Merrill, Mayor
ATTEST:
Com- - t--�'.rl�-r2ir :��'C����o••E�c •••%
v.
Sharon K. Bergmann, Eagle City Clerk( • L •
SEAL 44
.••••.F O F;p P.0
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