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Findings - PZ - 2011 - CU-05-11 - Cup To Operate A Pet Grooming/Boarding Facility/3.69 Acre/1750 E. State Street BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) A PET GROOMING/BOARDING FACILITY ) (KENNEL)FOR THE SPOILED DOG SALON ) FOR MELINDA CARLSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-05-11 The above-entitled conditional use application came before the Eagle Planning and Zoning Commission for their recommendation on October 17, 2011, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission 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 DESCRIPTION: Melinda Carlson is requesting conditional use permit approval to operate a pet grooming/boarding facility (kennel) for The Spoiled Dog Pet Salon. The 3.69-acre site is located on the north side of East State Street approximately 530-feet east of Edgewood Lane at 1750 East State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 7:00 PM, Wednesday, September 30, 2011, 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 19, 2011. 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 September 26, 2011. 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 September 30, 2011. The site was posted in accordance with the Eagle City Code on October 3, 2011. Requests for agencies' reviews were transmitted on September 19, 2011, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 13, 1990, the City Council approved a design review application for a building for Andon Inland Plastics(DR-00-90). On April 13, 1993, the City Council approved a lot split application for a building for Andon Inland Plastics (LS-93). Page 1 of 15 K,\Planning Dept\Eagle Applications\CU\2011\CU--05-11 The Spoiled Dog pzf doc On October 4, 1993, the City Council approved a design review application for the Andon Complex building(DR-11-93). On February 6, 1997, a staff level approval was granted for a design review modification application for a building addition to the Andon building(DR-11-93 MOD). On September 9, 2003, the City Council approved a design review application for a monument sign for the Andon Complex(DR-25-03). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial G-2 (General Business Vacant building District) Proposed No Change No Change Pet grooming/boarding facility(kennel) North of site Commercial C-2 (General Business Residence and pasture District) South of site Commercial and Mixed C-2 (General Business Children's daycare facility, Use District) and BP(Business East State Street, vacant Park District) ground and residence on existing parcel (Three [3] parcels) East of site Residential Four R-4 (Residential—up to four Residential subdivision (4)units per acre maximum) (Randall Acres Subdivision MU(Mixed Use) No. 15)—Vacant parcels West of site Commercial C-2 (General Business Children's daycare facility District) and vacant parcels (Two [2] parcels) G. DESIGN REVIEW OVERLAY DISTRICT: The property is located within the Dunyon/State Development Area (DSDA) overlay district. H. EXISTING SITE CHARACTERISTICS: The property consists of four (4) commercial buildings, parking area, and access to East State Street. The site is landscaped pursuant to a previously approved design review application. Page 2 of 15 K:\Planning Dept\Eagle Applications\CU\2011\CU--05-11 The Spoiled Dog pzf dot SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 3.69-acres 1,300-square feet Percentage of Site Devoted to Building 32.8% 92% (maximum) Coverage Percentage of Site Devoted to Less than 10% 10% (minimum) Landscaping Number of Parking Spaces 105-parking spaces (see 14-parking spaces parking analysis) Front Setback 65-feet(south) 15' (minimum) (approximate) Rear Setback 425-feet(north) 15' (minimum) (approximate) Side Setback 25-feet(east)(approximate) 5' (minimum) Side Setback 85-feet(west) (approximate) 5' (minimum) J. PARKING ANALYSIS: COMBINED BUILDINGS TOTAL(located within Andon Industrial Complex)—52,800-square feet PARKING REQUIREMENTS PURSUANT TO EAGLE CODE PURSUANT EAGLE CODE SECTION 8-4-5: • Parking requirement for Personal Services(pet grooming): 1 parking space per 250-square feet of gross floor area: • Parking requirement for Professional Office: 1 parking space per 250-square feet of gross floor area. • Parking requirements for a Kennel: 1 parking space per 400-square feet of gross floor area. - • Parking requirement for Storage: 1 parking space per 1,000-square feet of gross storage area. COMBINED REQUIRED TOTAL FOR THE ANDON INDUSTRIAL COMPLEX: Pet Grooming: 600-square feet±250=3-parking spaces Kennel: 4,080-square feet_400= 11-parking spaces Offices, Business and Professional: 5,750-square feet-250 =23-parking spaces Storage (flex space): 42,370-square feet± 1,000=43-parking spaces Total: 80-parking spaces Page 3 of 15 K,\Planning Dept\Eagle Applications\CU\201 I\CU-05-1 I The Spoiled Dog pzfdoc COMBINED TOTAL PARKING SPACES LOCATED AT ANDON INDUSTRIAL COMPLEX: Total: 105-parking spaces K. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: There are four (4) existing buildings located on-site (Andon Industrial Complex) consisting of a total of approximately 52,800-square feet in tenant space. Each space consists of a small office area with the remaining portion utilized for storage. The space where the proposed pet grooming/boarding facility (kennel) is to be located is currently vacant. The remaining three (3) buildings are located north of the subject building and contain a variety of uses which consists of flex space with a small office located adjacent to the parking area at the front of the space and a large storage area located in the rear portion. Height and Number of Stories of Proposed Buildings: The subject building is one (1) story and does not exceed the 35-foot height limit as required pursuant to Eagle City Code. Gross Floor Area of Proposed Buildings: The building where the proposed pet grooming/boarding facility (kennel) is to be located is approximately 10,080-square feet in area and the area being utilized for the proposed use is approximately 4,680-square feet in size. On and Off-Site Circulation: Access to the site is provided via a driveway located at the southeast corner of the site that provides connection to East State Street. The driveway provides the only access to all four (4)buildings located on-site. L. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Water Company, Eagle Sewer District, and the Eagle Fire Department. - M. PUBLIC USES PROPOSED:None proposed 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—no Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown Page 4 of 15 K,\Planning Dept\Eagle Applications\CU\201 I\CU-05-1 1 The Spoiled Dog pzfdoc P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. 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—Indicated that ACHD has no site specific conditions of approval since this proposal consists of one (1) suite in a multi-tenant building. . Boise School District — Indicated they would not be providing a response since the properly is located within the Meridian School District Central District Health Department — Recommended bagging any dog/pet feces and disposing of in proper waste receptacles Chevron Pipe Line Company—No conflict with the pipeline Eagle Fire Department — Indicated a complete set of tenant improvement/building plans shall be submitted for review and approval prior to any building permits being issued. Eagle Sewer District—Indicated that construction plans will need to be submitted for review and approval to determine possible new impacts to the system and the assessment of additional fees. Idaho Department of Lands—Indicated the proposed use will not impact State Trust Lands. R. LETTERS FROM THE PUBLIC:None 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 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 Page 5 of 1:5 K;\Planning Dept\Eagle Applications\CU\2011\CU-05-11 The Spoiled Dog pzfdoc 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 (adopted February 3, 2011) designates this site as Commercial. Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should compliment uses within Downtown Eagle. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2 defines Personal Services as: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barbershops,beauty parlors and similar activities. • Eagle City Code Section 8-1-2 defines Kennel as: (For Hobby, Commercial, or Boarding Purposes): Any lot or premises or portion on which three (3) or more dogs, cats, and other household domestic animals are maintained, harbored, possessed, boarded, bred or cared for in return for compensation or kept for sale including privately or publicly owned, operated or managed dog pounds. • Eagle City Code Section 8-2A-6 (F)Dunyon/State Development Area F. Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book. 1. Purpose: To improve the livability, desirability, and character of the DSDA area and to encourage new development by providing unique regulations specific to this district. 2. Setbacks And Site Design: a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall be fifteen feet(15')minimum. b. Side Setbacks: Side building setbacks shall be five feet(5')minimum. c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Site And Landscape Design: At the discretion of the design review board the following may be considered when the board finds that the site has been designed in harmony with the design guidelines, objectives and considerations noted within subsection A of this section. Page 6 of 15 K,\Planning Dept\Eagle Applications\CU\201 l\CU-.05-I I The Spoiled Dog pzf doc (1)Interior and perimeter parking lot landscape area dimensions may be reduced. (2) The minimum required landscaping between the building and the property line may be reduced when the design review board finds that the building's design style and architecture serves as an appropriate buffer to the adjacent property. (3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be considered. Perimeter fencing facing the public street is prohibited. Barbwire and/or razor/ribbon wire located on top of the chainlink fence is prohibited. • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Type Of Use Off Street Parking Spaces Required Personal Services 1 per 250 square feet of gross floor area Kennel 1 per 400 square feet of gross floor area Offices, business and professional 1 per 250 square feet of gross floor area Storage(enclosed building and/or 1 per 1,000 square feet of gross storage area fenced area) C. DISCUSSION: • The applicant is requesting approval to operate a pet grooming/boarding facility (kennel) within the C-2 (General Business District) zoning district. The existing building where the proposed use is to occur was previously approved through two (2) previous design review applications for office, retail use, and warehouse (DR-09-90 and DR-11-93) prior to the city's adoption of the design review overlay districts. • The site is also located within the Dunyon/State Development Area (DSDA) overlay district. As noted above, the previously approved design review applications (DR-09-90 and DR-11- 93) were approved prior to the city's adoption of the design review overlay districts. On August 14, 2008, a Property Status Report was completed regarding the subject property which indicated that the buildings are considered a non-conforming use that are allowed to continue provided no building addition or alterations are made except in changing the use of the structure (subject to City approval)to a use that complies with Eagle City Code. Pursuant to Eagle City Code 8-5-2, if a lawful use involving individual structures exists at the effective date of the code that would not be allowed in the district under the terms of the title,the lawful use may continue subject to the following provisions: A. Additions Or Alterations:No existing structure devoted to a use not permitted by this title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. B. Expansion:No nonconforming use shall be extended to occupy any additional land area. Page 7 of 15 K:\Planning Dept\Eagle Applications\CU\2011\CU-05-11 The Spoiled Dog pzf.doc C. Change Of Nonconforming Use: If no structural alterations are made, any nonconforming use of a structure and land may, upon the issuance of a conditional use permit by the council, be changed to another nonconforming use; provided,that the council shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the council may require appropriate conditions and safeguards in accord with other provisions of this title. The applicant is not proposing any structural alterations to the building. Since no structural alterations are being made, with the approval of a conditional use permit, the nonconforming use may be changed to another nonconforming use, provided, that the council finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Previously there was a retail business located within the existing structure and the applicant is proposing to operate a pet grooming/boarding facility (kennel) at this location. • The narrative provided by the applicant, date stamped by the City on September 19, 2011, indicated that the proposed uses will be located within approximately 4,680-square feet of space. The pet grooming area will consist of approximately 600-square feet with the remaining space to be designated for pet daycare and overnight dog boarding (kennel). Pursuant to Eagle City Code, pet grooming is a permitted use and a kennel use requires conditional use permit approval within the C-2 (General Business District) zoning district. The narrative also indicates that they are proposing a large fenced and gravel area behind the building for a "potty area". It should be noted that there is a 20-foot wide water line easement located adjacent to the eastern property boundary where the proposed "potty area" is to located. The applicant should provide correspondence from the water company associated with the water line easement(located adjacent to the eastern property line) approving the proposed fence area prior to the City issuing a zoning permit for the operation of the boarding facility (kennel). In regard to the disposal of the animal feces, the applicant should provide a plan indicating how odor from and disposal of the animal feces will be addressed prior to the City issuing a zoning permit for the operation of the boarding facility(kennel). • The narrative provided by the applicant, date stamped by the City on September 19, 2011, indicated that when the dogs are outside they will not be left unattended for any length of time so noise will not be an issue. The dogs should not be left unattended when outdoors so barking will be controlled. • The parking at Andon Industrial Complex is shared between the uses located on-site. The overall site contains 105-parking spaces. The parking requirement for this site based on the present uses located on-site plus the subject use proposed with this application is 80-parking spaces. • 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 P"(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) since a kennel located within the C-2 (General Business District) zoning district is permitted if a conditional use permit is approved by the City Council; Page 8 of 15 K:\Planning Dept\Eagle Applications\CU\2011\CU-05-l1 The Spoiled Dog pzf doc 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 since the development will be required to meet conditions within this application. The site is also located within the Dunyon/State Development Area (DSDA) overlay district and the buildings within the development are considered a nonconforming use that are allowed to continue provided no building additions or alterations are made except in changing the use of a structure (subject to City approval) to a use that complies with Eagle City Code. Pursuant to Eagle City Code 8-5-2, a nonconforming use may be changed to another nonconforming use with the approval of a conditional use permit; 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 applicant is proposing to use the existing building and is not proposing any changes to the building; D. Will not be hazardous or disturbing to existing or future neighborhood uses since dogs will not be left unattended for any length of time when they are outside in the fenced area; 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 kennel will be located within an existing building and services are already provided. 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 infrastructure is already in place to serve the proposed kennel; 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 applicant will be required to provide a plan for the disposal of the animal feces in a manner that will not allow for the odor to become an issue and when the animals are outdoors they will not be left unattended for any length of time so the barking may be controlled; 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 access point to East State Street was previously constructed; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on October 17, 2011, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 9 of 1_`i K'.\Planning Dept\Eagle Applications\CU\201 I\CU-05-11 The Spoiled Dog pzf.doc B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by two (2) individuals who indicated it is a difficult situation when commercial businesses abut residential lots. They indicated that it would be preferred to locate some form of transitional businesses adjacent to residential properties. They do not have a problem with a dog grooming business locating onsite, however, they are concerned with the noise and animal waste associated with a kennel. They are also concerned that the irrigation waste water ditch adjacent to the site may become contaminated from the animal waste. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DELIBERATION: Upon closing the public hearing the Commission indicated during deliberation that: • The building may not have adequate insulation to ensure the noise from the dogs would be adequately buffered. The applicant should provide a rating of the value of the sound reduction effects of the interior insulation and the wall. One (1) Commission member indicated that the 2"x 6" walls would offer a sufficient decibel (dB) reduction to address any noise that may be an issue. • The Commission may want to consider adding a site specific condition regarding having a one (1)year review period. • A site specific condition should be added to restrict the timeframe the dogs may be taken outside. COMMISSION DECISION: The Commission voted 4 to 0 (Villegas absent) to recommend approval of CU-05-11 for a conditional use permit for a pet grooming/boarding facility (kennel) for The Spoiled Dog Salon for Melinda Carlson, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Only the pet grooming/boarding facility(kennel)is the only use approved with this conditional use permit(ECC 8-2-3). 2. The applicant shall obtain a zoning permit from the City of Eagle Planning and Zoning Department prior to commencing the pet grooming/boarding facility(kennel) use on the site (ECC 8-7-2[A]). 3. The applicant shall provide correspondence from the water company associated with the water line easement (located adjacent to the eastern properly line) approving the location of the proposed fenced area prior to the City issuing a zoning permit for the operation of the boarding facility (kennel). 4. The applicant shall provide a plan indicating how odor from and disposal of the animal feces will be addressed prior to the City issuing a zoning permit for the operation of the boarding facility (kennel). 5. The dogs shall not be left unattended when outdoors so that barking will be controlled. 6. The applicant shall only allow a maximum of 24 dogs on-site for boarding and a maximum of eight(8)dogs for grooming on-site at any given time. 7. The applicant shall only allow a maximum of six (6) dogs to be taken outside within the "potty area"at any given time. Page 10 of 15 K:\Planning Dep[\Eagle Applications\CU\2011\CU.05-1 I The Spoiled Dog pzf doc 8. No boarded animals shall be allowed outside between the hours of 10:00pm—7:00am. 9. All solid waste shall be cleaned up immediately from the"potty area". 10. The applicant shall provide correspondence from Eagle Fire Department approving the use prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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. 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 Page 11 of 15 K\Planning Depl\Eagle Applications\CU\20l I\CU--OS-I l The Spoiled Dog pzf doc 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-way 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. 13. 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. Page 12 of 15 K\Planning Dept\Eagle Applications\CU\2011\CU-05-1 I The Spoiled Dog pzf.doc 14. 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. 15. 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. 17. 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. 18. 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. 19. 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. 24. 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. 25. 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. Page 13 of 15 K:\Planning Dept\Eagle Applications\CU\201 l\CU-05-1 1 The Spoiled Dog pzf doc CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held on-site at 7:00 PM, Wednesday, September 30, 2011, 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 19, 2011. 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 September 26, 2011. 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 September 30, 2011. The site was posted in accordance with the Eagle City Code on October 3, 2011. Requests for agencies' reviews were transmitted on September 19, 2011, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-05-11) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional uses: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) since a kennel located within the C-2 (General Business District) zoning district is permitted if a conditional use permit is approved by the City Council; 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 since the development will be required to meet conditions within this application. The site is also located within the Dunyon/State Development Area(DSDA) overlay district and the metal buildings and existing landscaping within the development were approved through a design review process (DR-11-93). Since the ordinances have changed since 1993 the buildings and perimeter and parking lot landscaping are considered a nonconforming use that are allowed to continue provided no building additions or alterations are made except in changing the use of a structure (subject to City approval)to a use that complies with Eagle City Code. Pursuant to Eagle City Code 8-5-2, a nonconforming use may be changed to another nonconforming use with the approval of a conditional use permit; 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 applicant is proposing to use the existing building and landscaping (previously approved through a design review process [DR-11-93])and is not proposing any changes to the building; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the dogs will be maintained within a soundproof structure with the exception of when the dogs go outside into the fenced area. When the dogs are outdoors in the fenced area they will not be left unattended so that barking(noise)may be controlled; 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 kennel will be located within an existing building and services are already provided. 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 infrastructure is already in place to serve the proposed kennel; Page 14 of 15 K:\Planning Dept\Eagle Applications\CU\2011\CU-05-11 The Spoiled Dog pzidoc 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 applicant will be required to provide a plan for the disposal of the animal feces in a manner that will not allow for the odor to become an issue. Also, the animals will only be taken outdoors between the hours of 7:00 am and 10:00 pm to address the noise issue and the animals will not be left unattended for any length of time so the barking may be controlled; 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 access point to East State Street was previously constructed; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 7th day of November, 2011. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE C... a County, Idaho , . ''S Derek Smith, Chairman .••,,,,, .�',�N IpF Fq '', ATTEST: G4%,1 ......••%Cf,��'% * :. 0 po 4TH la,�� A ' A.Shaor Mann Eagle City C!•rk . ., •Regulatory Taking Notice: Applicant has the right, pursi '11Mt'ta�section 67-8003, Idaho Code, to request a regulatory taking analysis Page 15 of 15 K:\Planning Dept\Eagle Applications\CU\2011\CU-05-11 The Spoiled Dog pzf doc