Findings - CC - 2008 - CU-02-08 - Height Exception For 3 Story Multi Tenant/.63 Acre/67&87 Olde Park Place
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A HEIGHT EXCEPTION FOR A MUL TI- )
TENANT RESIDENTIAL/RETAIL )
BUILDING ON OLDE PARK PLACE )
FOR OLDE PARK PROPERTIES, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-02-08
The above-entitled conditional use permit application came before the Eagle City Council for their action
on June 10, 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;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Olde Park Properties, LLC, represented by Justin Woolston, is requesting conditional use
approval for a height exception of 57-feet for a three story multi tenant residential/retail
building. The .63-acre site is located on west side of Olde Park Place approximately 150-
feet south of West State Street at 67 and 87 Olde Park Place.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at 7:00 PM, January 24, 2008, at 408 South Eagle
Road, Suite 103, in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on February 20,
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 31, 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 March 19, 2008. The site was posted in accordance with the Eagle City Code on
April 10, 2008. Requests for agencies' reviews were transmitted on February 28, 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 May 26, 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 March 23,
2008. The site was posted in accordance with the Eagle City Code on May 30, 2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMP ANION APPLICATIONS:
Rezone from R-4 (Residential - up to four dwelling units per acre) to CBD-DA (Central
Business District with a development agreement) for 67 and 87 Olde Park Place Road
(RZ-03-08).
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District R-4 (Residential - up to four Single-family dwellings
dwelling units per acre)
Proposed No Change CBD-DA (Central Business Multi tenant
District with a development residential/retail building
agreement)
North of site Public/Semi-public CBD-DA (Central Business Community center (The
District with a development Landing)
agreement)
South of site Residential Four R-4 (Residential - up to four Single-family dwelling
dwelling units per acre)
East of site Central Business District CBD-DA (Central Business Gravel parking lot/Single-
District with a development family dwelling
agreement)
West of site Central Business District CBD-DA (Central Business Vacant parcel
District with a development
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is within the TDA (Transitional Development Area) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The proposed development site currently consists of two (2) residential dwellings and
three (3) out-buildings on two parcels. Various mature shrubs and other vegetation
exist on the site as well as some mature trees. The City Forester will inspect the site
upon submittal of a design review application for the project.
I. SITE DESIGN INFORMATION:
The architectural design proposed for the building is "Prairie School" as described in
the Eagle Architecture and Site Design (EASD) book.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One proposed building to incorporate retail uses on the first floor and residential
uses on the second and third floors.
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Height and Number of Stories of Proposed Buildings:
57-feet (17-feet above the 40' permitted within the TDA (Transitional
Development Area) overlay district);
three (3) stories.
Gross Floor Area of Proposed Buildings:
26,500-feet (approximately)
On and Off-Site Circulation:
The applicant is proposing a one-way drive aisle on the north section of the
property from Olde Park Place for vehicles entering the site, which will then
connect, through a parking lot, to another one-way drive aisle located on the
southern section of the property, also from Olde Park Place, for vehicles exiting
the site. On site circulation will occur within a proposed 14,641-square foot
(approximately) parking lot and drive aisle area (see proposed circulation plan
below).
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K. PUBLIC SERVICES A V AILABLE:
The site is within the service boundaries of Eagle Water Company, Eagle Sewer District,
Eagle Fire District and Joint School District No.2. Prior to final approval of development
on the site approval letters from the service providers will be required.
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 - no
Evidence of Erosion - no
Fish Habitat - no
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Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: yes - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by reference
and attached to the staff report. Comments, which appear to be of special concern, are noted
below:
Ada County Highway District - Letter from ACHD indicates that the applicant will be required to
provide roadway improvements along Olde Park Place.
Central District Health Department - Letter from CDH states that plans will be requested plans
from the applicant for any on site food or beverage facilities.
Chevron Pipeline - Response indicates no conflict exists.
Department of Environmental Quality - Letter from DEQ states that verification is recommended
to ensure adequate water and sewer are available.
Q. LETTERS FROM THE PUBLIC: None received to date.
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.
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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 Central Business District.
Chapter 6 - Land Use
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 business, 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.
Chapter 11 - Special Areas and Sites
Central Business District (CBD)
The Central Business District is recognized as a special area due to its historical and
architectural significance. It is recognized as the commercial hub of the community.
The Central Business District is depicted on the Comprehensive Plan Land Use Map.
Emphasis should be given to encouraging new housing in and adjacent to the CBD.
Use of existing houses within the CBD for both residential and commercial purposes
should be encouraged.
Chapter 12 - Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. CBD Central Business District:
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To accommodate and encourage further expansion and renewal in the historical core
business area of the community. A variety of business, 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 district. Pedestrian friendly uses and
developments are encouraged.
. Eagle City Code, Section 8-2A-5(C)(2) Transitional Development Area- TDA:
The purpose of the TDA is to provide areas for public parking and service to the DDA and
serve as an area for future expansion of the DDA as market demands grow.
. Eagle City Code, Section 8-2A-6(D)(1) Purpose (TDA):
To serve as an area of future expansion to the central business district as market demands
grow and to provide an area to accommodate public parking and service to the central
business district.
. Eagle City Code, Section 8-2A-6(D)(2)(a) Height (TDA):
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;
. Eagle City Code, Section 8-2A-6(D)(2)(c) Other Floor Options (TDA):
The design should accommodate the ground floor uses as listed in subsection D2b of this
section including residential use. Any use must meet the requirements set forth in section
8-2-3 of this chapter except that apartments on floors other than the ground floor shall be a
permitted use. For the purposes of this section a single apartment unit or multiple
apartment units may be permitted.
. Eagle City Code, Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting
Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty feet
(40') to any lot line of a residential district; except that the minimum yard requirements
may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or
screening approved by the council is provided. Such screening shall be a masonry or solid
fence between four (4) and eight feet (8') in height, maintained in good condition and free
of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall
consist of a strip of land not less than twenty feet (20') in width planted with an evergreen
hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the
time of planting.
. Eagle City Code, Section 8-7-3-1 (A) Purpose and Interpretation of Conditional Use:
Purpose: It is recognized that an increasing number of new kinds of uses are appearing
daily, and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location, design, size, method
of operation, circulation and public facilities that each specific use must be considered
individually.
C. DISCUSSION:
. The applicant is requesting a conditional use permit to allow for a height exception of 57-feet
(17' above the 40' height limitation for the TDA overlay district) for a three story multi-tenant
residential/retail building. According to the applicant's justification letter date stamped by the
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City on February 20, 2008, the proposed building will include retail uses on the first floor and
residential uses on the second and third floors. The main fac;ade of the proposed building will
front onto Olde Park Place, which will include an improved, pedestrian friendly streetscape as
required within the provisions of the TDA (Transitional Development Area) overlay district.
The building is proposed to have a layered effect with the second and third floors being set
back approximately ten feet (IO') to twelve feet (12') from the first floor, reducing the overall
perceived mass of the building. On the second and third levels the applicant is proposing to
incorporate comer balconies on the east and west elevations, which will add architectural
interest to the building as well as further reduce the perceived mass of the building.
A rooftop balcony and patio area will also be incorporated into the design of the proposed
building. The height of the building to the rooftop patio area is proposed to be forty eight feet
(48'); the emergency stairwells located on the north and south building elevations and the
central entrance to the rooftop balcony area make up the total requested height of 57 -feet.
The applicant has stated in the justification letter date stamped by the City on February 20,
2008, that the request for the height exception is in large part to provide for a third story on the
building which will allow the project to be financially feasible. Further, the applicant
contends that the above stated building design elements, including the upper story setbacks
and the comer balconies, will reduce the perceived mass of the building and it's overall impact
on the surrounding area.
. An existing residential subdivision (Kestrel Cove Subdivision) is adjacent to, and located
directly to the south of, the proposed project area. In order to mitigate any possible impacts
that the development may have to the adjacent residential uses the proposed building and any
accessory structures will be required to meet the minimum setbacks from the property line of
the adjacent residential uses. Also, as indicated above, the applicant will construct a twenty
foot (20') wide landscaped buffer adjacent to the residential property line which will help to
shield the parking area and vehicular traffic exiting the site. The proposed sidewalk that will
extend along the landscaped buffer through to Kestrel Street will provide pedestrian friendly
access from the adjacent residential communities to the various commercial uses proposed for
the project.
Though the development requires a conditional use permit for the building height exception,
staff considers the project to be consistent with the intent of the CBD (Central Business
District) which is to promote a vibrant downtown area with a variety of commercial and
residential options.
. As stated above, the applicant is proposing residential dwelling units on the second and third
floors of the proposed building. Typically multi-family dwellings require a conditional use
permit within the CBD (Central Business District) zone. However, within the TDA
(Transitional Development Area) apartment units are considered permitted on floors other than
the ground floor. City Code defines an apartment as "A room or suite of rooms in a multiple-
family structure which is arranged, designed or used as a single housekeeping unit and has
complete kitchen facilities permanently installed." The Code definition for an apartment does
not make a distinction between a rented unit and a fully owned unit. For the purposes of this
application, and a future design review application for this development, staff is considering
the proposed residential units as "apartments" whether the intention is to sell or rent the space.
Operating within the boundaries of that definition and interpretation of the Code, the proposed
residential units are an allowed use within the TDA (Transitional Development Area) overlay
district.
. According to the City's Transportation/Pathway Network Map #2 of 2, Aikens Street is shown
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as extending thru the southern portion of this site and connecting to Kestrel Street. However,
in meetings with staff, the applicant has proposed instead to extend the drive aisle, sidewalk,
and landscaped buffer area proposed along the southern portion of the property to the adjacent
property to the west at 174 Kestrel Street (see attached site plan). The intent would then be to
require the adjacent property, as it develops, to continue the drive aisle, sidewalk, and
landscaped buffer area through to Kestrel Street, creating connectivity and circulation between
the two properties.
The applicant proposed the above alternate method of connectivity in order to accommodate
more immediate and practical development of the property. However, for the City, the
proposed compromise offers several advantages. It provides for the local connectivity and
access that the City had intended for the area, and mitigates the negative impacts that may
have occurred with a public local road. General vehicle traffic would likely be more inclined
to use a local road for cut-thru purposes, circumventing the controlled intersection at Eagle
Road and State Street and using Aikens Street instead for access to and from and already
congested section of Eagle road. With a private drive aisle general vehicular traffic would be
less inclined to use the access for cut-thru purposes; however, if this continues to be a concern
then the City can encourage design mechanisms on the drive aisle and parking lot that will
discourage cut-thru traffic from occurring.
Though a grid system of public roads is often considered optimal within the downtown core,
the primary concern in this case would be the impact that system might have to the adjacent
residential uses. In terms of traffic a private drive aisle would likely have a lesser impact to
those uses, and a determination could be made that the creation of pedestrian prioritized
connectivity in this instance may be more appropriate. The land use goals, objectives and
strategies within the Comprehensive Plan encourages growth and development that promotes a
live, work and play environment, including pedestrian friendly developments, a variety of
housing types and increased employment opportunities. The applicant's proposal appears to
meet many of these directives, and with the implementation of the landscape strip and
sidewalk connectivity option will also provide adjacent residential neighborhoods with safe
(traffic-free) pedestrian and bicycle friendly access to a variety of commercial/retail options.
The applicant has provided the City with a cross-access agreement that guarantees a stub
connection of the drive aisle, sidewalk, and landscaped buffer area proposed for the southern
portion of the property to the property located at 174 Kestrel Street.
. The architectural design proposed for the building is "Prairie School" as described in the
Eagle Architecture and Site Design (EASD) book. The applicant will be required to submit a
design review application for the proposed building, parking, and landscaping.
. Staffhas reviewed the particular facts and circumstances of the proposed conditional use 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
building heights over forty feet (40') are shown as needing approval of a conditional use
permit as shown within the "Official Schedule of District Regulations" and within the
"Schedule of Building Height and Lot Area Regulations" 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
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are no inconsistencies with the Comprehensive Plan and if the requested height exception is
approved, the building 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 building,
which incorporates the "Prairie School" 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 and since the building will be required
to comply with the City Code concerning setbacks and buffering from residential uses;
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.
ST AFF 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
April 21, 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 four (4) individuals who testified that a height exception of fifty-seven feet (57')
would be detrimental to the privacy of the adjacent residential uses within Kestrel Cove
Subdivision, and that the City should enforce the maximum height restriction offorty feet (40') for
the subject property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
two (2) individuals (not including the applicant/representative) who testified that the project would
provide much needed revitalization for the downtown area. One of the individuals expressed
interest in purchasing one of the residential units proposed with the development.
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COMMISSION DECISION:
The Commission voted 3 to 2 (Aizpitarte and Tanner against) to recommend denial of CU-02-08
for a conditional use permit for a fifty seven foot (57') height exception for a three (3) story multi-
tenant residential/retail building for Olde Park Properties, LLC.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 10, 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 two (2)
individuals who objected to the conditional use permit because of perceived negative impacts
that the fifty-seven foot (57') height exception could have on adjacent residential uses (view,
privacy etc).
C. Oral testimony in favor of this proposal was presented to the City Council by fourteen (14)
individuals (not including the applicant/representative) who considered the overall project to
be beneficial to the downtown area.
COUNCIL DECISION:
The Council voted 3 to I (Shoushtarian against*) to approve CU-02-08 for a conditional use
permit for a height exception of fifty-seven feet (57') for a multi-tenant residential/retail
building for Olde Park Properties, LLC, with the following staff recommended site specific
conditions of approval and standard conditions of approval:
*Council member Shoushtarian voted against the motion over concerns about how much
traffic the proposed development may generate on State Street and Eagle Road and concern
over the increased number of left turns on those roads.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Only the conditional use permit for a 57-foot height exception for a retail/residential building is
approved. The application is subject to the conditions of design review.
2. The height of the building shall not exceed 57-feet.
3. Comply with any applicable conditions of development associated with the rezone of this site (RZ-
03-08).
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. If a building permit is not obtained within one (1) year from the date of final approval of the
conditional use permit by the City Council then the conditional use permit shall be considered null
and void. Should construction not commence by the one (I) year deadline, the applicant may
apply for a one (I )-year extension of time with the City.
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.
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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
certiiying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
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
(I) 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
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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:
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 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
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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
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:
I. A Neighborhood Meeting was held at the property at 7:00 PM, January 24, 2008, at 408 South Eagle
Road, Suite 103, in compliance with the application submittal requirement of Eagle City Code. The
application for this item was received by the City of Eagle on February 20, 2008.
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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 31, 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 March 19, 2008. The site was posted in accordance
with the Eagle City Code on April 10, 2008. Requests for agencies' reviews were transmitted on
February 28, 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 May 26,2008.
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 March 23, 2008. The site was posted in accordance with the Eagle City Code on May 30,
2008.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-02-08) 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 and Section 8-2-4 of
Eagle City Code Title 8 for the Central Business District (CBD) zoning district since
building heights over forty feet (40') are shown as needing approval of a conditional use
permit as shown within the "Official Schedule of District Regulations" and within the
"Schedule of Building Height and Lot Area Regulations" 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 the building 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 building,
which incorporates the "Prairie School" 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 and since the building will be required
to comply with the City Code concerning setbacks and buffering from residential uses;
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 and all public facilities are available
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for the project.
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.
DA TED this 24th day of June 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ai:da~ -k
Phil Bandy, Mayor
ATTEST:
J Q~-"-k ~
----Sharon . Bergmann, Eagle City C erk
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