Findings - CC - 2008 - CU-05-06 - Mod To Condition 5 To Allow 18 Mont Extension/Building Permits
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
CONDITIONAL USE PERMIT FOR A )
BUILDING HEIGHT EXCEPTION FOR )
TOWNHOUSES/CONDOMINIUMS )
WITHIN THE LOFTS AT EAGLE )
RIVER FOR SEA 2 SEA, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-06
The above-entitled conditional use penn it modification application came before the Eagle City Council for
their decision on March 18, 2008, 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:
Sea 2 Sea, LLC, represented by James Murray with CSHQA, is requesting a modification
to the conditional use penn it previously approved for a height exception for the
condominiums within the Lofts at Eagle River. The request is to modifY Condition No.5
to allow an eighteen (18) month extension of time for the issuance of building penn its
before the conditional use penn it for the height exception becomes null and void.
B. APPLICA nON SUBMITTAL:
The extension of time application was received for this item by the City of Eagle on
November 27,2007. Since this request requires a modification to a site specific condition
of approval of the Conditional Use Penn it, the applicant was required to submit an
application for a Conditional Use Pennit Modification. A Neighborhood Meeting was
held at the site on January 21, 2008, at 7:30PM, in compliance with the application
submittal requirement of Eagle City Code. The applicant submitted the Conditional Use
Penn it Modification application on January 24,2008.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on February 25, 2008. 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 February 22,
2008. The site was posted in accordance with the Eagle City Code on March 7, 2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 16,2007, the City Council approved an annexation and rezone with a
development agreement and preliminary plat (A-12-06/RZ-14-06& PP-15-06), for Sea 2
Sea, LLC, for the Lofts at Eagle River Subdivision located at 827 E. Riverside Drive.
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On January 16, 2007, the City Council approved a conditional use pennit for a height
exception of 45 feet, 3 inches, for eight (8) condominium units (CU-05-06) for Sea 2 Sea,
LLC, for the Lofts at Eagle River Subdivision located at 827 E. Riverside Drive.
On January 16, 2007, the City Council approved the common area landscaping, residential
townhouse and condominiums (DR-57-06), and three (3) entrance monument signs (DR-
58-06), for the Lofts at Eagle River Subdivision located at 827 E. Riverside Drive.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use RUT (Residential-Ada Single Family
County Designation) Residence/pasture
Proposed Mixed Use MU-DA (Mixed Use with a Residential development
development agreement)
North of site Mixed Use MU-DA (Mixed Use with a Idaho Athletic ClubNacant
development agreement) lot within Mixed Use No.5
Subdivision
South of site Floodway RUT (Residential-Ada Boise River
County Designation)
East of site Mixed Use RUT (Residential-Ada Lonesome Dove
County Designation) Ranch/agriculture
West of site Mixed Use RUT (Residential-Ada Vacant parcel/Eagle City
County Designation)/MU- Park
DA (Mixed Use with
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS: Single family dwelling and pasture land.
I. SITE DESIGN INFORMATION: N/A
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The twelve (12) residential condominium buildings and fifteen (15) residential townhouse
buildings are part of a proposed residential subdivision.
Height and Number of Stories of Proposed Buildings:
Eight (8) Condominiums = 45' 3" high; three stories above a parking garage.
Twenty-One (21)Townhomes = 35'high; two story.
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Gross Floor Area of Proposed Buildings: N/ A
On and Off-Site Circulation:
The condominium/townhomes will be located within a proposed residential development
known as The Lofts at Eagle River. If the residential development is approved circulation
will be provided through a public road and private driveways.
K. PUBLIC SERVICES A V AILABLE:
The site is within the service boundaries of Eagle Water Company, Eagle Sewer District,
Eagle Fire District and Meridian School District. Prior to final approval of the residential
subdivision approval letters from the service providers will be required as conditioned
within the development agreement.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes-Boise River
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes- There are several mature trees on the site in proximity to the river and
scattered throughout the site.
Riparian Vegetation - yes-adjacent to the Boise River
Steep Slopes - no
Stream/Creek: yes-Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - Yes- Boise River
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental impact assessment was provided with the annexation, rezone and
preliminary plat applications associated with this development.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report for CU-05-06. Comments, which appear to be of special concern, are noted below:
Central District Health
Chevron Pipeline
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
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Q. LETTERS FROM THE PUBLIC: None
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 tenns 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 hannonious 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 hannonious 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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Mixed Use.
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business
District (CBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process, see specific
planning area text for a complete description.
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Chapter 11 - Special Areas and Sites
11.2 Recognized Special areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3 Entry Corridors
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.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· ECC Section 8-2-4 Maximum Height:
Maximum height allowed within the Mixed Use zoning district is thirty-five feet (35') in
height.
· ECC 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 penn it is approved by the
city council.
C. DISCUSSION:
· On January 16, 2007, the City Council approved a conditional use penn it (CU-05-06), for a
height exception of 45 feet, 3 inches, for eight (8) condominium units (to be located as shown
on the concept plan dated December 8, 2006 attached hereto), for the Lofts at Eagle River
Subdivision. Pursuant to Condition No.5, the applicant was required to obtain a building
penn it for the condominium units within one year of the Council's approval, if the building
penn it or pennits were not obtained the conditional use approval for the height exception
would be considered null and void.
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The applicant is requesting a modification of Condition No.5 of the Conditional Use Penn it to
extend the time by eighteen (18) months to obtain building penn its for the eight (8)
condominiums due to the current housing market conditions. This will extend the approval
time for obtaining a building pennit from February 13, 2008, to August 13,2009.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the infonnation provided to staff to date, staff recommends approval of the time extension
for CU-05-06 Site Specific Condition No.5 should be modified to read as follows with strikethrough
text to be deleted and underline text to be added:
5. A building pennit for this proposal shall be obtained \vithin one year bv August 13, 2009,
otherwise the conditional use approval for a height exception shall be considered null and void.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application came before the Eagle City Council for their action on March 18,
2008, at which time testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-05-06 MOD for a modification to the conditional use
pennit for The Lofts at Eagle River for Sea 2 Sea, LLC, with the following site specific conditions
of approval and standard conditions of approval with strike through text to be deleted by the
Council and underline text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any applicable conditions of the development agreement for the site (RZ-14-06).
2. Comply with any applicable conditions of PP-15-06 for the Lofts at Eagle River.
3. Comply with any applicable conditions ofDR-57-06 in regard to the design of the buildings.
4. The eight (8) condominium units as shown on the site plan date stamped by the City on December
8, 2006, shall not exceed forty-five feet three inches (45'3") in height as shown on the building
elevations date stamped by the City on December 8, 2006.
5. A building pennit for this proposal shall be obtained within one year by August 13, 2009,
otherwise the conditional use approval for a height exception shall be considered null and void.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building penn its 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 pennits or Certificate of Occupancy, whichever occurs first.
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3. All penn its from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building pennit 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 penn its or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are pennitted, 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 penn its 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 penn its 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 stonn 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
penn its 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 perfonnance 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 stonn drain disposal system shall be complete before an occupancy penn it 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 penn its or
Certificate of Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building penn its 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.
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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 penn its 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 detennined 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 (Le.; 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 pennits 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 pennit or Certificate of Occupancy, whichever
occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building penn it or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
penn it or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building penn it or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
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19. The Americans with Disabilities Act, Unifonn 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.
22. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions ofthis approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The extension of time application was received for this item by the City of Eagle on November 27,
2007. Since this request requires a modification to a site specific condition of approval of the
Conditional Use Penn it, the applicant was required to submit an application for a Conditional Use
Penn it Modification. A Neighborhood Meeting was held at the site on January 21,2008, at 7:30 PM,
in compliance with the application submittal requirement of Eagle City Code. The applicant submitted
the Conditional Use Pennit Modification application on January 24, 2008.
2. Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 25,
2008. 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 February 22, 2008. The site was posted in accordance with the Eagle City
Code on March 7, 2008,
3. The Council reviewed the particular facts and circumstances of this proposed conditional use penn it
modification application (CU-05-06 MOD) with regard to Eagle City Code Section 8-7-5 "Action by
the Commission and Council", and based upon the infonnation provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
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The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2A-6(B) of Eagle City
Code Title 8 since Eagle City Code states in part that additional building height above 35-
feet may be pennitted if a conditional use penn it is approved by the City Council. The
City Council approved the height exception on January 16, 2007. The request for a
conditional use penn it modification allowing for an extension of time for the issuance of
building penn its will not change the following findings;
B. Will be hannonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this Title (Eagle City Code Title 8)
since there are no inconsistencies with the Comprehensive Plan and since the development
will be required to meet conditions of a design review application;
C. Will be designed, constructed, operated and maintained to be hannonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the development will be
required to comply with the conditions of the rezone and development agreement, the
conditions of the final plat for the Lofts At Eagle River, and the conditions of the design
review approved for the condominium units, and since this approval was based on
reducing the number of condominium units and reducing the height of the condominiums
from 49', 2 1/4" to 45',3" and reducing the height of the townhouses to 35' and since the
approval of the height exception is unique to the companion applications associated with
this development;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area
is planned for a mix of 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 as noted is responses received by agencies
providing the public services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community since the
request for a height exception will not require any additional public costs or facilities;
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 since the proposed accesses
to the facility will be reviewed and approved by Ada County Highway District; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since a landscape plan showing how the trees will be integrated into the
open space areas and the non-buildable area on the parcel will be provided for Design
Review Board approval prior to a zoning certificate being issued for the building.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use penn it shall not be considered as
establishing a binding precedent to grant other conditional use penn its.
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DA TED this 8th day of April 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ap Idaho
Phi
ATTEST:
Clerk
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