Findings - CC - 2014 - CU-05-00MOD - Height Exception For The Addition Of A 60' Poles/Safety Netting East Side BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT )
FOR A HEIGHT EXCEPTION FOR 60-FOOT )
HIGH POLES AND SAFETY NETTING AT )
BANBURY GOLF COURSE DRIVING RANGE )
FOR BANBURY MEADOWS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-00 MOD
The above-entitled conditional use permit application came before the Eagle City Council for their
consideration on November 10, 2014. The application was continued to November 25, 2014, at which
time public testimony was taken and the public hearing was closed. The Council made their decision at
that time. 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:
Banbury Meadows, LLC, represented by Cornel Larson with Larson Architects, P.A., is
requesting a conditional use permit approval for a height exception for the addition of 60-foot
high poles and safety netting along the east side of the driving range at the Banbury Meadows
Golf Course. The site is located on the west side of Eagle Road approximately /-mile north
of Chinden Boulevard.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Banbury Golf Course Clubhouse at 6:00 PM,
August 18, 2014, in compliance with the application submittal requirement of Eagle City
Code. The application for this item was received by the City of Eagle on August 21, 2014.
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 15, 2014. 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
18, 2014. Requests for agencies' reviews were transmitted on August 25, 2014 in accordance
with the requirements of the Eagle City Code. The site was posted in accordance with the
Eagle City Code on September 25, 2014.
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 October 20, 2014. 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 17, 2014. The site was
posted in accordance with the Eagle City Code on October 29, 2014.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
The City Council approved the PUD for Banbury Meadows Subdivision on May 23, 1995.
The Design Review Board approved the landscape plan for the golf course and phase one of
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Banbury Meadows Subdivision on June 9, 1998.
The City Council approved a conditional use permit (CU-05-00) for Banbury Meadows, LLC
on July 11, 2000, for twenty four (24) wooden poles and safety netting along the north and
east sides of the driving range at the Banbury Meadows Golf Course. The height of the poles
were limited to 35-feet at the time.
E. COMPANION APPLICATIONS: None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-P(Residential with a PUD) Golf Course
Proposed N/A N/A N/A
North of site Residential Two R-2-P(Residential with a PUD) Banbury Meadows Sub
South of site Residential Two R-2-P(Residential with a PUD) Banbury Meadows Sub
East of site Mixed Use MU DA(Mixed Use with a Lakemoor Sub
development agreement)
West of site Residential Two R-2-P(Residential with a PUD) Banbury Meadows Sub
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: The site is currently a driving range/golf course.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 75.02-acres (entire golf course) N/A
8.5-acres (driving range only)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: N/A
Height and Number of Stories of Proposed Buildings: N/A
Gross Floor Area of Proposed Buildings: N/A
On and Off-Site Circulation: N/A
K. PUBLIC SERVICES AVAILABLE: N/A
L. PUBLIC USES PROPOSED: The golf course and driving range are open to the public.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -none
Evidence of Erosion -no
Fish Habitat-no
Floodplain -no
Mature Trees -yes
Riparian Vegetation-no
Steep Slopes -no
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Stream/Creek: no
Unique Animal Life-unknown
Unique Plant Life-unknown
Unstable Soils -unknown
Wildlife Habitat-unknown
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
Eagle Fire Department
Q. LETTERS FROM THE PUBLIC:
The following correspondence is attached to the staff report:
Frank Celsnak stated in correspondence date stamped by the City on September 23, 2014, that the
proposed height of 60-feet appeared to be arbitrary, no information was provided at the
neighborhood meeting regarding the distance of the tees (whether the errant balls were hit from the
short or long side of the range), and offered an alternative setup for the course in lieu of raising the
height of the poles and safety netting.
Linda Bennett stated in a correspondence date stamped by the City on September 30, 2014, that
she is opposed to the proposed net height increase to 60-feet, that it would impact the view from
her home, as well as impact the value of hers and all other homes that overlook the driving range.
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.
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
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interference with traffic on surrounding public thoroughfares; and
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: (None)
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code 8-1-2: Rules and Definitions:
GOLF COURSE AND RELATED SERVICES: A tract of land laid out for playing the game
of golf that may include a clubhouse, dining and snack bars,pro shop, and practice facilities.
STRUCTURE: Anything constructed or erected, the use of which requires location on the
ground or attachment to something having a fixed location on the ground. Among other things,
structures include buildings, mobile homes, walls, fences and billboards.
• Eagle City Code 8-2A-6 (A): Design Requirements, Objectives and Considerations:
2. Site Landscaping: The site landscaping shall minimize impact on adjacent properties
through the proper use of screening with sound and sight buffers, and unsightly areas shall
be concealed or screened and the design review board shall consider:
a. The location, height, and materials of walls, fences, hedges and screen plantings to
ensure harmony with adjacent development;
c. The providing of screen plantings or other screening methods reasonably required to
conceal outdoor storage areas, trash receptacles, service areas, truck loading areas,
utility buildings and other unsightly developments;
d. The installation of sound and sight buffers, the preservation of public views, light and
air, and the consideration of those landscape aspects of design which may have
substantial effects on neighborhood development, land uses, and amenities;
• Eagle City Code 8-2A-6 (B): Architectural Requirements, Building Materials, Fence And
Deck/Patio Materials,Colors,And Architectural Appurtenance Height Limitation:
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum of forty feet (40') within the DDA and TDA and thirty five feet
(35') in all other locations. Additional height may be permitted if a conditional use
permit is approved by the city council.
• Eagle City Code 8-7-3-1: Purpose and Interpretation of Conditional Use:
A. 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.
B. Interpretation Of Conditional Use: Any use which is permitted as a conditional use in a
district under the terms of this title shall not be deemed a nonconforming use in such
district, but shall, without further action, be considered a conforming one. (Ord. 40, 10-
1978, rev. 9-1980)
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C. DISCUSSION:
• On July 18, 2000,Eagle City Council approved thirty five(35)foot high wooden poles to hold
the safety netting for Banbury Meadows driving range. Additionally, the applicant was
required to plant a minimum of 32-trees (20-feet minimum height at planting—measured from
the top of berm) on the north and south sides of each pole along the north side of the driving
range. The applicant is proposing to add additional poles (height to 60-feet (25-feet higher
than the maximum allowed by code))to accommodate higher netting.
Per Eagle City Code 8-2A-6(B)(6)(a), the maximum height allowed for "spires, poles,
antennas, steeples, towers, and any other such structure shall be limited to . . . thirty five feet
(35'). . . Additional height may be permitted if a conditional use permit is approved by the city
council." The height of the poles are determined by measuring from the finished grade of the
adjacent roadway to the top of the poles.
The applicant submitted a drawing on September 22, 2014, showing the potential trajectory of
golf balls hit from the lower tee (located 250-yards from the safety netting). The drawing
shows that an 80 compression golf ball hit by a 9% lofted driver from the lower tee (250-
yards) could reach the safety netting at a height of 50-feet. It should be noted that there is
another tee located 280-yards from the safety netting. In light of the information provided, the
fact that the driving range has tees located at both 250 and 280-yards, and the potential that a
golf ball could reach the safety netting at a height of 50-feet, it is staff's recommendation that
the maximum height of the poles for the safety netting should be increased to a height of 50-
feet. The applicant should be required to construct the metal poles for the safety netting
located at the Banbury Golf Course driving range at a maximum height of 50-feet.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
6, 2014, at which time public testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual (other than the applicant/representative) who lives at the end of the driving range
and has had damage to his home and surrounding property and is concerned that if the netting is not
constructed someone could be injured.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by four(4) individuals who indicated concerns regarding the height of the poles & safety netting, how
unsightly they will be, the owner should use an all-purpose covering for the driving range tees in lieu
of the grass so that they can hit from the tees which are furthermost from the safety netting, or require
the use of low compression balls, and the poles and safety netting will have a negative impact on their
property values.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• Questioned what type of education, if any, has been done to stop golfers from using drivers
from the lower tee (tee closest to the safety netting) or from them using the higher
compression balls vs. lower compression balls.
• The owner has not done enough to engineer a solution to the problem.
• The owner is using the City to fix a private matter, and that there may be other steps the
owner can take to mitigate the issue
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COMMISSION DECISION:
The Commission voted 3-0 (Koellisch and Wright absent) to recommend denial of CU-05-00
MOD for a height exception for the addition of 60-foot high poles and safety netting along the east
side of the driving range at the Banbury Meadows Golf Course for Banbury Meadows, LLC, for
the reasons stated under the Commission Deliberation section above.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on November 25, 2014, at
which time public testimony was taken and the public hearing was closed. The Council made their
decision at that time.
B. Oral testimony in favor of the application was presented to the Eagle City Council by one (1)
individual (other than the applicant/representative) who lives at the end of the driving range and has
had damage to his home and surrounding property and is concerned that if the netting is not
constructed someone could be injured.
C. Oral testimony in opposition to the application was presented to the Eagle City Council by two (2)
individuals who indicated concerns regarding the visual impacts of the poles and netting on the
adjacent property owners and the poles and netting will have a negative impact on their property
values.
COUNCIL DECISION:
The Council voted 4-0 to approve CU-05-00 MOD for a height exception for the addition of 60-
foot high poles and safety netting along the east side of the driving range at the Banbury Meadows
Golf Course for Banbury Meadows, LLC, with the following site specific conditions of approval
and standard conditions of approval with strike through text to be deleted by the Council and
underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions of design review.
2. The metal poles for the safety netting located at the Banbury Golf Course driving range shall be a
maximum height of 4060-feet.
3. The tee box shall be reduced in size (approximately 32-feet of depth from the left front edge and
10-feet from the right front edge of the tee)in order to increase the distance from the tee box to the
safety netting to 280-yards to create an equal distance from both edges of the tee.
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.
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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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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 Engineer prior to the City Engineer signing the final plat.
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,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage 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.
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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.
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 staff
and the City Engineer 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.
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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.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at the Banbury Golf Course Clubhouse at 6:00 PM, August 18,
2014, in compliance with the application submittal requirement of Eagle City Code. The application
for this item was received by the City of Eagle on August 21, 2014.
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 15, 2014. 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 18, 2014. Requests for agencies' reviews
were transmitted on August 25, 2014 in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on September 25, 2014.
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 October 20,
2014. 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 17, 2014. The site was posted in accordance with the Eagle City Code on
October 29, 2014.
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3. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU-05-
00 MOD)in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"and
has concluded that 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 height exception may be 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 the metal poles and safety netting 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 poles and safety netting
currently exist but are increasing in height;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the poles and
safety netting currently exist but are increasing in height.
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 all public facilities currently exist and no changes
to said facilities are proposed with this application;
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 site
essential public facilities such as streets, sewer and water services currently exist on the
property;
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.
4. Eagle City Code Section 8-7-3-5: C (2) (c) states that the Council shall specify, "The actions, if any,
that the applicant may take to obtain a permit."
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DATED this 16th day of December, 2014.
CITY COUNCIL
OF THE CITY OF EAGLE
a County, Idaho
•
64. • Al r „ eda1' d'1,�,
Jar' es D. Reynolds,M. ore '
VigS
ATTEST: 4vvoaA-
o
1 •J AO s
Sharon K. Bergmann,Eagle City lerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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