Findings - CC - 2008 - CU-01-08 - 9380 Sq Ft Research/Development Facility Within Building No 2 Rooster Condo
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A RESEARCH AND DEVELOPMENT )
FACILITY FOR UGOBE, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-OI-08
The above-entitled conditional use permit application came before the Eagle City Council for their
recommendation on April 22, 2008, at which time 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:
Ugobe, Inc. is requesting conditional use approval to operate a 9,380-square foot research
and development facility within Building No.2 of Rooster Condominiums. The .16-acre
site is generally located on the southeast comer of East State Street and East Plaza Drive in
Merrill Subdivision No.2, at 1125 East State Street.
B. APPLlCA TION SUBMITTAL:
A neighborhood meeting was held at 6:00 PM, January 17, 2008, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on January 24,2008.
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 March 1, 2008, in the Idaho Statesman and on
March 3, 2008, in the Valley Times. 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 January 28,
2008. The site was posted in accordance with the Eagle City Code on February 28, 2008.
Requests for agencies' reviews were transmitted on January 31,2008, in accordance with
the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky
Mountain Business Park consisting of 26 lots on approximately 40-acres (CU-4-98/
PPUD-I-98/ PP-3-98).
On June 8, 1999, the Eagle City Council approved the final plat development plan and
final plat for Merrill Subdivision No. 1 and 2 (FPUD-2 & 3-99 & FP-7 & 8-99).
On February 14, 2006, the Eagle City Council approved the construction of One Two
Story Multi-tenant Retail/Office/Restaurant Building and One Single Story Multi-tenant
Office Building (DR-l 07-05).
On April 17, 2007, the Eagle City Zoning Administrator approved a condominium plat for
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MS Condominiums (CP-OI-07).
E. COMP ANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with One (1) single-story multi-
development agreement) tenant office building
(vacant)
Proposed No Change No Change Research and Development
Facility
North of site Commercial C-2 (General Business East State Street, Winding
District) Creek East Subdivision
South of site Mixed Use MU-DA (Mixed Use with Single-family residential
development agreement) subdivision (Pacific
Heights Subdivision),
commercial buildings
(Merrill Subdivision No.2,
No.3, No.6)
East of site Mixed Use Single-family residential
MU-DA (Mixed Use with
development agreement) subdivision (Pacific
Heights Subdivision)
West of site Mixed Use MU-DA (Mixed Use with Multi-tenant office
development agreement) buildings, East Plaza Drive
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
There are a total of three (3) buildings located on the property. The subject building is
served by thirty five (35) parking spaces. Numerous trees are located on the site and
within the landscaped buffer area between State Highway 44 and the site, which also
includes a five foot (5') wide sidewalk.
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1. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 32,649 square feet (.75- 5,000 square feet (minimum)
acres)
Percentage of Site Devoted to Building 29.1 % (approximately) 50% maximum
Coverage
Percentage of Site Devoted to 17% (approximately) 10% minimum
Landscaping
Number of Parking Spaces 35-parking spaces 28-parking spaces (18-
office use, 10 - research &
development use)
Front Setback 35-feet (north) 20-feet (minimum)
Rear Setback 79-feet (south) 20-feet (minimum)
Side Setback I 0- feet (east) 7.5-feet (minimum)
Side Setback 13' 6" (west) 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One existing building - research and development
facility.
Height and Number of Stories of Proposed Buildings: 3 I-feet; single story (existing building).
Gross Floor Area of Proposed Buildings: 9,380-square feet (existing building).
On and Off-Site Circulation:
One 24-foot wide driveway located approximately 40-feet from the west side of the
building provides access to the property from East State Street. A 12,567 -square foot
(approximately) paved parking lot provides parking for vehicles using this site.
K. PARKING ANALYSIS:
MULTI-TENANT OFFICE BUILDING
Proposed office/research activities use (9,380-square feet)
. ECC Section 8-4-5 requires 1 parking space per 500-square feet of gross floor
area for "Industry (research and development)" uses:
4,880/500 = Ten (10) parking spaces
. ECC Section 8-4-5 requires 1 parking space per 250-square feet of gross floor
area for "Office" uses:
4,500/250 = Eighteen (18) parking spaces
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COMBINED REQUIRED FOR THE BUILDING:
Twenty-eight (28) parking spaces
COMBINED PROVIDED PARKING SPACES:
Thirty-five (35) parking spaces
L. 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.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. 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
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference and is attached to the staff report. Comments, which appear to be of special
concern, are noted below:
Ada County Highway District - A letter from ACHD indicates that they have no
conditions for the site at this time because all improvements have already been
completed.
Eagle Fire Department - A letter from EFD indicates no objection to the project.
R. LETTERS FROM THE PUBLIC: None received to date.
S. 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
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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.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The comprehensive plan identifies 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. An allowable density
of up to 10 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2 defines Research Activities as:
Research, development and testing related to such fields as chemical, pharmaceutical,
medical, electrical, transportation and engineering.
. Eagle City Code Section 8-2-3 states that Research Activities require a conditional use permit
within the MU zoning district.
. Eagle City Code Section 8-7-3-5 (F)
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A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
C. DISCUSSION:
. The applicant is requesting conditional use approval to use an existing 9,380-square foot
building for research and development purposes. The facility will be used for general
engineering and design as well as occasional soldering or pouring of molds for prototyping
new projects. Ugobe Inc. is a robotics company that specializes in transforming inanimate
objects into lifelike creatures or mechanical "pets", such as dinosaurs etc. Actual production
and/or manufacturing of any products within the subject building are not proposed.
. The existing 9,380-square foot "Prairie School" architectural style building is located with
Merrill Subdivision No. 2 and is a part of the Rooster Condominium (building No.2)
development. Rooster Condominiums were approved by the City Zoning Administrator as
MS Condominiums on April 17, 2007 (CP-OI-07). The building and associated landscaping
was approved by the Eagle City Council on February 14,2006 (DR-l 07-05).
. The applicant is currently utilizing a research and development facility located at 335
Edgewood Lane where they have been in operation since July of 2006. According to the
justification letter date stamped by the City on January 12, 2008, the business has expanded to
a point where larger facilities are required. Further, the applicant claims that despite being
adjacent to a residential neighborhood they received no complaints concerning the research
and development use during their time at the Edgewood location.
. Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval ofa
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 of this
title (Eagle City Code Title 8) for the zoning district involved since a Research
and Development Facility requires a conditional use permit within the MU (mixed
use) zoning district;
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 the existing building and landscaping has been approved by
the City and since the proposed use is not expected to create an adverse impact to
surrounding properties;
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 existing building was approved by the Design Review Board and City
Council and all proposed activities related to the use "research and development"
will be self contained within the confines of the building;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the proposed uses and activities will involve only research and low impact
development projects and are not expected to cause undue disturbances to the
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surrounding community;
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 since the
existing building has already been approved by such public service entities and is
currently being serviced by those entities;
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 proposed research and development facility is expected to
use existing public services and facilities at a level that will be consistent with the
original intended use of the building;
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 proposed use is expected to facilitate only low impact research and
development activities and will require no internal production machinery;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since these
facilities have been previously approved and constructed; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since all landscaping and external features of the
building are not proposed to be altered.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
17, 2008, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 3 to 0 to recommend approval of CU-OI-08 for a conditional use permit
for a research and development facility for Ugobe, Inc., with the following site specific conditions
of approval and standard conditions of approval.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on April 22, 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 to this proposal was presented to the City Council by no one (not including the
app I icant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-O 1-08 for a conditional use permit for a research and
development facility for Ugobe, Inc., with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Research and development is the only use approved with this conditional use permit. Any
activities that involve production or manufacturing are not approved.
2. Submit a staff level design review application addressing the change of use of the building from
multi-tenant office to a research and development facility. The design review application shall be
reviewed and approved by City staff prior to the issuance of 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 modifications to the building.
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.
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7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
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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 permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs first.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
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
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waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. A neighborhood meeting was held at 6:00 PM, January 17, 2008, in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by the City of
Eagle on January 24, 2008.
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 March 1,2008, in the Idaho Statesman and on March 3, 2008, in the Valley Times. 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 January 28, 2008. The site was posted in accordance with the Eagle City Code on February 28,
2008. Requests for agencies' reviews were transmitted on January 31, 2008, in accordance with the
requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 7, 2008.
Notice ofthis public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on April 4, 2008. The site was posted in accordance with the Eagle City Code on April II,
2008.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-OI-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed conditional use permit
is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) for the zoning district involved since a Research
and Development Facility requires a conditional use permit within the MU (mixed
use) zoning district;
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 the existing building and landscaping has been approved by
the City and since the proposed use is not expected to create an adverse impact to
surrounding properties;
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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 existing building was approved by the Design Review Board and City
Council and all proposed activities related to the use "research and development"
will be self contained within the confines of the building;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the proposed uses and activities will involve only research and low impact
development projects and are not expected to cause undue disturbances to the
surrounding community;
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 since the
existing building has already been approved by such public service entities and is
currently being serviced by those entities;
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 proposed research and development facility is expected to
use existing public services and facilities at a level that will be consistent with the
original intended use of the building;
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 proposed use is expected to facilitate only low impact research and
development activities and will require no internal production machinery;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since these
facilities have been previously approved and constructed; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since all landscaping and external features of the
building are not proposed to be altered.
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.
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DATED this 13th day of May, 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Idaho
ATTEST:
~~k~
Sharon . Bergmann, Eagle CIty lerk
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K:\Planning DeptlEagle ApplicationsICU\2008\CU-Ol-08 ccf.doc