Findings - CC - 2008 - CU-04-08 - Allow For A Retail And Wholesale Sales Area For Landscaping Products
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A RETAIL AND WHOLESALE SALES AREA )
FOR LANDSCAPING PRODUCTS FOR )
IDAHO CONCRETE COMPANY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-04-08
The above-entitled conditional use permit application came before the Eagle City Council for their action
on December 16, 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:
Idaho Concrete Company, represented by Jim Mihan with Beck and Baird, is
requesting conditional use permit approval to allow for a retail and wholesale sales area
for landscaping products. The 2-acre site is located 560-feet west of State Highway 55 at
2755 E. State Street.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at 6:30 PM, August 28, 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 September 4,2008.
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 October 13, 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 October 9,2008. The site was posted in accordance with the Eagle City Code on
October 24, 2008. Requests for agencies' reviews were transmitted on September 16,
2008, in accordance with the requirements ofthe Eagle City Code.
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on November 10, 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 November 7, 2008. The site was posted in accordance with the Eagle City Code
on December 4,2008.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
Previous approvals and other actions associated with this site occurred through Ada
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County. The property was annexed into the City with the associated uses (gravel
extraction/cement plant) in place.
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) CommerciallIndustrial:
Cement, rock and gravel
business
Proposed No Change No Change Ancillary use: sales of
landscaping products on a
portion of the property
North of site Residential Four R-4 (Residential- up to four East State Street (SH 44),
dwelling units per acre) Single-family residential
(Great Sky Estates)
South of site Eagle Island Special Use RP (Ada County Boise River
Area designation)
East of site Mixed Use MU (Mixed Use) and R-4 Vacant lot, St. Lukes
(Residential- up to four Regional Medical Center,
dwelling units per acre) Single-family residential
(Lake land Estates
Subdivision)
West of site Mixed Use MU (Mixed Use) Vacant lot with some
evident gravel extraction
activity
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
Idaho Concrete Company cement and gravel business currently occupies the property.
The Boise River extends along the south boundary of the property as well as riparian
vegetation and mature trees. A pond associated with the existing use is located on the
south-eastern portion of the property.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 92.9-acres total (only 2-acres 5,000 square feet (minimum)
impacted by this conditional
use permit application)
Percentage of Site Devoted to Building 0.1% 50% maximum
Coverage
Percentage of Site Devoted to 15% 10% minimum
Landscaping
Number of Parking Spaces 50 1 per 500 square feet of
outside display/lathe
house/green house area, plus
1 per 250 square feet gross
floor area. *
Front Setback 30-feet (north) 20-feet
Rear Setback 20-feet (south) 20-feet
Side Setback 1 0- feet (east) 7.5-feet
Side Setback 13' 6" (west) 7.5-feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: No new buildings are proposed with this application.
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/ A
On and Off-Site Circulation:
The forty five foot (45') drive aisle is located on the south side of the SH 44 and SH 55
intersection where traffic is then circulated to an existing paved parking area.
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.
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 - none
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Evidence of Erosion - no
Fish Habitat - yes: Boise River (located to the south of the overall property)
Floodplain - no
Mature Trees - yes
Riparian Vegetation - yes: located on the far southern portion of the overall property
along the Boise River.
Steep Slopes - no
Stream/Creek - yes: Dry Creek is located to the east of the site adjacent to the existing
concrete extraction operation.
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
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 attached to the staff
report. Comments, which appear to be of special concern, are noted below:
Ada County Highway District - Letter indicates no comment other than this site will be
impacted by the future Three Cities River Crossing project.
Central District Health - If restrooms are installed then requirements on sewage system
must be met.
Chevron Pipeline - No conflict
New Dry Creek Ditch Co. - Letter contains general language concerning ditch
easements.
Eagle Fire Department - A letter (attached to staff report) from EFD indicates no
objection to the project.
Idaho Transportation Department - No comment
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;
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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 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 Nursery, Plant Materials as:
Land, building or combination thereof for the storage, cultivation, transplanting of live
trees, shrubs or plants offered for retail sale on the premises including products used for
gardening or landscaping.
· Eagle City Code Section 8-2-3 states that NurserylPlant Materials requires a conditional use
permit within the MU zoning district.
· Eagle City Code Section 8-4-5 states that nursery, plant materials businesses require 1 parking
space per 500 square feet of outside display/lathe house/green house area, plus 1 per 250
square feet gross floor area.
· Eagle City Code Section 8-7-3-5 (F)
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 permit approval to allow retail and wholesale sales
of decorative rock and other landscaping products including mulch and bark. The location of
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the sales area will be a two (2) acre section on the northwest section of the existing 92-acre
Idaho Concrete property adjacent to SH 44 and approximately 2, ISO feet north of the Boise
River. The applicant has been operating the retail/wholesale business for approximately six (6)
months prior to this application. The City ultimately approached the applicant concerning the
use and notified them that a conditional use permit would be required.
· According to the site plan date stamped by the City on September 4, 2008, the applicant is
proposing to construct an eight foot (8') wide separated concrete sidewalk adjacent to SH 44.
The applicant is also proposing to install landscaping along the SH 44 section to buffer the use
associated with this application and the gravel extraction use associated with the overall
property. The applicant has indicated that no buildings will be constructed in association with
the proposed use and none are approved with this application. The applicant should submit a
design review application for the proposed sidewalk and landscaping to be constructed on the
site adjacent to SH 44.
· According to the justification letter date stamped by the City on September 4, 2008, the
applicant is proposing to limit the conditional use permit to ten (10) years, at which time all
aspects associated with the use will be removed, and only the constructed improvements
(sidewalk and landscaping) shall remain. It is the opinion of staff that because the applicant is
willing to construct the permanent improvements on the site which will provide long term
enhancements and buffer the existing use of gravel extraction business, that it is appropriate to
allow the ten (10) year limit on the conditional use permit.
· For the purposes of calculating parking staff is categorizing the existing gravel extraction use
of the site as "industry (custom)", which per Eagle City Code requires I-parking space per
1,000-square feet gross area used industrial purposes; plus 1 per 300-square feet office or sales
area. The 90-acres being used for a gravel extraction business contains fifty (50) existing
paved parking spaces, which are currently being shared with the retail/wholesale use
associated with this application. The entire 92-acre site contains 25,159-square feet
(approximately) of building space, which are mainly office, industrial and storage uses, which
would require 34-parking spaces (approximately). It is currently unknown how much square
feet overall is being use for outside industrial purposes; however, with only 25, 159-square feet
of building coverage that number would likely be significant and the resulting parking
requirement significant as well.
For a "nursery, plant materials" use Eagle City Code requires the following: I-parking space
per 500-square feet of outside display/lathe house/green house area, plus 1 per 250-square feet
gross floor area. The applicant has shown that there are 68,784-square feet of outside product
display area which would require 138-parking spaces (approximately), and 360-square feet of
building space dedicated to the use associated with this application, which would require 1.4-
parking spaces be provided.
The applicant has explained that because this use is strictly for the sales of decorative rock,
mulch and bark and not plant materials, customers are not typically browsing product and
rarely use the provided parking; instead they are more likely to pull their vehicles up to the
product that they desire and prepare for loading. Further the applicant has indicated via email
that the customers and employees for the entire site/use rarely use the existing parking spaces
and instead park within the circulation routes located throughout the site. The applicant
maintains that on average there are no more than ten (10) vehicles occupying the existing
parking area provided for the entire site at any given time. The applicant has informed staff
via email that several open areas on the two (2)-acre site associated with this application will
be open to parking if the need arises; this is indicated on the site plan date stamped by the City
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on October 28, 2008.
With the above information taken into account and because the use associated with this
application is to be temporary (10 years maximum) staff recommends that the Commission
and Council consider the fifty (50) parking spaces to be sufficient.
· Staffhas 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 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 of this
title (Eagle City Code Title 8) for the zoning district involved since a Nursery,
plant materials use requires a conditional use permit in the MU (Mixed Use) zone;
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 applicant will be required to provide improvements to the
landscaping and streetscape of the site and those improvements will further buffer
the existing non-conforming uses associated with this site;
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 required improvements associated with the conditional use permit will
enhance the site and further buffer the existing and proposed uses from the
general public;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the proposed uses are not in the direct vicinity of neighborhoods or residential
uses and will be located in an MU (Mixed Use) zone;
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 site is
already being used for commercial/industrial purposes and since access to the site
is via a controlled intersection.
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 use is expected to use existing public services and
facilities at a level that will be consistent with the original intended use of the site;
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 will have less of an impact than the current gravel
extraction use associated with the property and since access to the property is via a
controlled intersection;
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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
applicant has closed the western (secondary) access to the property which will
improve traffic flow, and the remaining access to the property is from an existing
controlled intersection and vehicle circulation will be entirely on site; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the use will be located outside floodway and
riparian zone of the Boise River and will be located adjacent to SH 44.
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
November 3, 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 5 to 0 to recommend approval of CU-04-08 for a conditional use permit
for a retail and wholesale sale area for landscaping products for Idaho Concrete Company, with the
following site specific conditions of approval and standard conditions of approval.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 16, 2008, at which
time testimony was taken and the public hearing was closed. The Council made their recommendation
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 recommend approval of CU-04-08 for a conditional use permit for a
retail and wholesale sale area for landscaping products for Idaho Concrete Company, with the
following site specific conditions of approval and standard conditions of approval with the
underlined conditions to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Nursery, plant materials is the only use approved with this conditional use permit. Further, the use
shall be limited to the sales of rock, mulch and bark for landscaping purposes.
2. Because an additional conditional use permit is required for the expansion of an existing permitted
use. the use approved with this conditional use permit shall not extend outside of those boundaries
as shown on the site plan date stamped by the City on October 28. 2008.
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3. Submit a design review application for the proposed sidewalk, landscaping and streetscape
improvements associated with this conditional use permit within thirty (30) days of the approval of
this conditional use permit or the conditional use permit will become invalid.
4. No buildings or structures are proposed with this application and none are approved. Any future
buildings or structures proposed for the above use will require a design review application.
5. This conditional use permit shall expire ten (10) years from the date of City Council approval.
6. No signs are proposed with this application and none are approved. A separate design review
application will required for any signs associated with the use proposed with this application.
7. 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.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing( s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
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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. Encroachments including. but not limited to. landscaping. fencing. lighting. and/or pathways shall
not be located within any easement or right-of-wav for any ditch. pipe or other structure. or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district. canal company. ditch association. or other irrigation entity associated
with such ditch. pipe or other structure. or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
93. 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
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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.
104. 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.
115. 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.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
of Occupancy, whichever occurs first.
127. 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.
138. 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.
149. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
22. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
23. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
154. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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165. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on September 4, 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 October 13, 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 October 9,2008. The site was posted in accordance
with the Eagle City Code on October 24, 2008. Requests for agencies' reviews were transmitted on
September 16,2008, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 10, 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 November 7, 2008. The site was posted in accordance
with the Eagle City Code on December 4,2008.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-04-08) 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 Nursery,
plant materials use requires a conditional use permit in the MU (Mixed Use) zone;
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 applicant will be required to provide improvements to the
landscaping and streetscape of the site and those improvements will further buffer
the existing non-conforming uses associated with this site;
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 required improvements associated with the conditional use permit will
enhance the site and further buffer the existing and proposed uses from the
general public;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the proposed uses are not in the direct vicinity of neighborhoods or residential
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uses and will be located in an MU (Mixed Use) zone;
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 site is
already being used for commercial/industrial purposes and since access to the site
is via a controlled intersection.
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 use is expected to use existing public services and
facilities at a level that will be consistent with the original intended use of the site;
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 will have less of an impact than the current gravel
extraction use associated with the property and since access to the property is via a
controlled intersection;
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
applicant has closed the western (secondary) access to the property which will
improve traffic flow, and the remaining access to the property is from an existing
controlled intersection and vehicle circulation will be entirely on site; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since the use will be located outside floodway and
riparian zone of the Boise River and will be located adjacent to SH 44.
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.
DA TED this 13th day ofJanuary 2009
CITY COUNCIL
OF THE CITY OF EAGLE
nty, Idaho
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ATTEST:
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"""Sharon . Bergmann, Eagle City CI k
Page 13 of 13
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