Findings - PZ - 2020 - CU-06-20 - Mixed Use Sub No 04 - Building Height Exception Parking Reduction Eagle River Development (2) BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A BUILDING HEIGHT EXCEPTION )
AND A WAIVER PURSUANT TO IDAHO )
CODE§67-6512(f)FOR A PARKING )
REDUCTION FOR EAGLE RIVER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-20
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on October 19,2020,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 SUMMARY:
Eagle River,LLC,represented by Joshua Hersel with Cushing Terrell,is requesting conditional use
permit approval for a building height exception to 39' 6"and a waiver pursuant to Idaho Code§67-
6512(f) for a parking reduction of five (5) parking spaces. The request is in association with a
proposed two(2)story,21,556-square foot office building.The 1.48-acre site is located on the north
side of East Riverside Drive approximately 865-feet east of South Palmetto Avenue within the
Eagle River Development(Mixed Use Subdivision No.4 Lot 08, Block 03).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on Thursday, July 23, 2020, 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 20,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on September 3, 2020, 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 October 1,2020.Notice of this public hearing
was mailed to property owners within five-hundred-feet (500-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
September 30, 2020. The site was posted in accordance with the Eagle City Code on October 8,
2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25, 2000, the Eagle City Council approved a comprehensive plan amendment from
public/semi-public to commercial and from medium density residential to commercial,mixed use,
public/semi-public&a rezone from A(agriculture)and M-IA(Industrial Park District)to PS-DA
(Public/Semi-Public), R-4-DA (Residential), C-3-DA (Highway Business District), and MU-DA
(Mixed Use)with a development agreement(including a concept plan)for Eagle River,LLC(CPA-
01-98&RZ-02-98).
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On April 10,2001,the Eagle City Council approved a design review application for the common
area landscaping within Eagle River Subdivision for Eagle River, LLC(DR-70-00).
On April 24,2001,the Eagle City Council approved a preliminary plat for Eagle River Subdivision
for Eagle River,LLC(PP-14-00),
On May 8,2001,the Eagle City Council approved a final plat for Eagle River Subdivision for Eagle
River, LLC(FP-13-01).
On November 7,2001,the Eagle City Council approved a combined preliminary and final plat for
Mixed Use Subdivision No.4 for Eagle River,LLC(PP/FP-01-01).
On July 9,2002,the Eagle City Council approved a combined preliminary and final plat for Mixed
Use Subdivision No.4 for Eagle River, LLC(PP/FP-03-02).
On July 23,2002,the Eagle City Council approved a design review application for the master sign
plan for Eagle River Development(DR-15-02).
On January 14,2003,the Eagle City Council approved a combined preliminary and final plat Mixed
Use Subdivision No.4 for Eagle River, LLC(PP/FP-04-02).
On February 12,2003,the final plat for Mixed Use Subdivision No. 4 was recorded(Ada County
instrument No. 103023510.
On March 8,2005,a lot line adjustment was approved for Mixed Use Subdivision No.4 for Eagle
River,LLC(LLA-03-05).
On August 15,2016,the City approved a design review application to modify the master sign plan
for Eagle River Development(DR-15-02 MOD2).
On January 9,2017,the City approved a design review application to modify the master sign plan
for Eagle River Development(DR-15-02 MOD3).
E. COMPANION APPLICATIONS:
Multi-tenant Office (business and professional) Building within Eagle River Development (DR-
33-20)and Master Sign Plan for a Multi-tenant Office(business and professional)Building within
Eagle River Development(DR-34-20).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use and MU-DA(Mixed Use with Vacant land(Mixed Use
Scenic Corridor a development agreement Subdivision No.4)
in lieu of a PUD)
Proposed No Change No Change Multi-tenant office
(business and
professional)building
North of Downtown and MU-DA(Mixed Use with Landscape buffer along
site Scenic Corridor a development agreement the south side of State
in lieu of a PUD) Highway 44
South of site Mixed Use and MU-DA(Mixed Use with East Riverside Drive,
Scenic Corridor a development agreement vacant land(Lonesome
in lieu of a PUD) Dove Subdivision),
vacant land(unplatted)
East of site Mixed Use and MU-DA(Mixed Use with Landscaping(Mixed Use
Scenic Corridor a development agreement Subdivision No. 5)
in lieu of a PUD)
West of site Mixed Use and MU-DA(Mixed Use with Office building(medical
Scenic Corridor a development and dental)
agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
H. URBAN RENEWAL DISTRICT:No
I. EXISTING SITE CHARACTERISTICS:
The site has been developed with curb, gutter, detached sidewalk, an 8-foot wide landscape strip
with street trees along East Riverside Drive as part of street improvements along the southern
border of the property.There is an existing landscape berm with extensive landscaping along State
Highway 44.
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J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.48-acres(64,599-square feet 5,000-square feet
(minimum)
Percentage of Site Devoted 36%(approximately) 50%(maximum)
to Building Coverage
Percentage of Site Devoted 30%(approximately) 10%(minimum)
to Landscaping
Number of Parking Spaces 81-parking spaces 86-parking spaces
(minimum)
Front Setback(West) 103-feet 20-feet(minimum)
Rear Setback(East) 250-feet 20-feet(minimum)
Side Setback(North) 26-feet 7.5-feet(minimum)
Side Setback(South) 30-feet 7.5-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one(1)two-story multi-tenant building to be utilized as an
office(business and professional)building.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately 39' 6"high two-story structure.
Gross Floor Area of Proposed Buildings:
First Floor Lobbies = 908-square feet
Second Floor Corridor = 656-square feet
Second Floor Mezzanine = 280-square feet
Leasable Space =21,556-square feet
Total =23,400-square feet
Gross Floor Area of Proposed Buildings: 23,400-square feet
On and Off-Site Circulation:
A 10,798-square foot(approximately)paved parking area proposed on the east side of the building
and a 14,548-square foot(approximately)paved parking area proposed on the west of the building
provide parking for vehicles using this site. One existing 25-foot wide shared driveway is located
on the property to the west of the site and provides access to East Riverside Drive and to the parking
area located on the west side of the building.One 26-foot wide driveway is proposed to be located
approximately 97-feet west of the eastern property line and provides access to East Riverside Drive
and to the parking area located on the east side of the building. The proposed site, as well as the
lots within Mixed Use Subdivision No.4 and Mixed Use Subdivision No.5 located along the north
side of East Riverside Drive to South Palmetto Avenue, have an existing cross access and cross
parking agreement in place.
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L. PARKING ANALYSIS:
Total for Tenant Area(based on"Offices,business and professional"use)
Total: 81 —on-site parking spaces(Proposed)
Leasable Floor Area of Proposed;21,556-square feet
Office Area— 1/250 square-feet 21,556/250 square-feet =86 parking spaces
Eagle City Code Section 8-4-5 requires 1 parking space per 250-square-feet of gross floor area for
"Offices,business and professional"uses.
The applicant is proposing 81-parking spaces. The applicant is deficient 5-parking spaces and is
requesting a waiver pursuant to Idaho Code§67-6512(f)for a parking reduction of five(5)parking
spaces.
Eagle River Development has an existing cross access and cross parking agreement recorded at the
Ada County recorder's office, instrument number 10544861.The declaration includes Lots 5,6,7,
and 8, Block 3 of Mixed Use Subdivision No. 4 and Lots 10 and 11, Block 3 of Mixed Use
Subdivision No. 5 located along the north side of East Riverside Drive between the eastern
boundary of the proposed site to the east side of South Palmetto Avenue.
M. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Water Company,Eagle Sewer District,and the Eagle Fire Department.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—yes,is located within the 100-year floodplain
Mature Trees—yes—within the landscape buffer on the north side of the site along State Highway
44 and street trees along East Riverside Drive on the south side of the site
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—unknown
Wildlife Habitat—no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
Not required.
R. AGENCY RESPONSES:
The following agencies have responded,and their correspondence is attached to the staff report.
Ada County Highway District
Eagle Fire Department
Idaho Transportation Department
Marathon Pipe Line(formerly known as Andeavor)
S. LETTERS FROM THE PUBLIC:None received to date.
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T. 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
I. Will not result in the destruction, loss or damage of a natural,scenic or historic-feature of
major importance.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING 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 November 15,2017),designates this site as the
following:
Mixed Use
Suitable for a mixture of uses including limited office, limited commercial and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined
on a site by site basis. Uses should complement and not take way from downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or development agreement process. See the planning area text for a complete description of
site specific uses.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the City. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
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including natural vegetation and restoration, regional trails and connectivity.
B. DECLARATION OF COVENANTS,CONDITIONS AND EASEMENTS OF WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.1.1 Access Easements. Nonexclusive easements on, over, across and through those portions of
the Common Maintenance Area which are improved from time to time for pedestrian and
vehicular ingress and egress between each Lot and between each Lot and the public and/or
private streets abutting the Section Property, as generally depicted on the Site Plan (the
"Access Easements"). The ingress and egress lane(s)shown on the Site Plan are temporary
and, subject to the Declarant's approval rights contained in the Master Declaration, may be
relocated upon the completion of the Common Maintenance Area Improvements.
The Access Easements may also be used by emergency services personnel. The ingress and
egress lane(s)shown on the Site Plan are preliminary and,subject to the Declarant's approval
rights contained in the Master Declaration, may be relocated upon the completion of the
Common Maintenance Area Improvements located on each individual Lot or from time to
time by the Owner of such Common Maintenance Area Improvements.
2.1.2 Cross Parking Easements. Nonexclusive easements on, over, across and through those
portions of the Common Maintenance Area which are improved from time to time for
vehicular parking and for access to and use of vehicular parking spaces,as generally depicted
on the Site Plan (the "Cross Parking Easements"); provided, however all employees of an
Owner of Occupant of Section Property shall exclusively park within the Lot of such Owner
or Occupant.The vehicular parking spaces shown on the Site Plan are temporary and subject
to the Declarant's approval rights contained in the Master Declaration,may be relocated upon
the completion of the Common Maintenance Area Improvements located on each individual
Lot or from time to time by the owner of such Common Maintenance Area Improvements.
Notwithstanding anything to the contrary, each Owner may designate for its exclusive use
up to thirty percent(30%)of the total number of parking spaces located within such Owner's
Lot. Upon the request of any Owner or Occupant,the Master Association may enforce any
exclusive parking areas designated pursuant to this Section. Such exclusive parking spaces
shall be those located nearest to the entrance of such Owner's building and shall be
designated by a sign approve pursuant to the architectural approval process contained within
the Master Declaration.
C. DEVELOPMENT AGREEMENT CONDITIONS OF DEVELOPMENT WHICH ARE OF
SPECIAL CONCERN REGARDING THIS PROPOSAL:
2.3 All development within the Property shall be consistent with the Site Design Guidelines
("Design Guidelines")and Conceptual Plans as outlined within the Development Agreement
for the Eagle River Commercial Development dated January 25, 2000, between the City of
Eagle and Eagle River LLC(recorded instrument No. 100011692).
D. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers,
and similar structures shall be determined by measuring the vertical distance from the point of
contact with the ground to the highest point of the structure, including any vertical projection
thereof. When mounted upon other structures, the combined height of the personal wireless
facility,spire,pole,antenna,steeple,tower,and/or similar structure,including the height of the
structure mounted upon,shall be used to determine height.
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• Eagle City Code,Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
M-U(Mixed Use)zone:
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Minimum
District Height Side Side Lot Area(Acres Lot
Covered Or Sq. Ft.)G Width I*
And H*
IMU 1135' I20' 20' 17.5' 1120' 1115% 115,000 1150' I
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Offices(business and professional) 1 per 250 square feet of gross floor area
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• Eagle City Code, Section 8-2A-6: Design Requirements,Objectives,and Considerations:
B. Architectural Requirements, Building Materials, Fence and Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation:Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not
listed in this section it shall be upon the discretion of the zoning administrator,the design
review board, and the city council, whichever the case may be, to determine the
appropriateness of such material.
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.
E. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 67-6512 SPECIAL USE PERMITS,CONDITIONS,AND PROCEDURES:
(f) In addition to other processes permitted by this chapter,exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a
zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be imposed
pursuant to a local ordinance drafted to implement subsection(d)of this section.
F. DISCUSSION:
• The building sections date stamped by the City on August 20, 2020, show the height of the
building as 39' 6" to the top of the high parapet screen walls. The applicant has requested
conditional use approval for a height exception pursuant to Eagle City Code Section 8-2A-6
(B)(6)(a),which states that all buildings,spires,poles,antennas,steeples,towers,and any other
such structures shall be limited to a maximum height 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.
• As part of the conditional use permit application[in accordance with Idaho Code§67-6512(f)],
the applicant has requested a waiver of Eagle City Code Section 8-4-5: Schedule of Parking
Requirements, which states that the type of use,Offices, business and professional, shall have
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1 off street parking space per 250-square feet of gross floor area.The applicant's narrative,date
stamped by the City on August 20,2020,states that Eagle River Development has cross parking
and cross access agreements in place between parcels.The recorded Declaration of Covenants,
Conditions, and Easements for Lots 5, 6, 7, and 8, Block 3 for Mixed Use Subdivision No.4
and Lots 10 and 11, Block 3 of Mixed Use Subdivision No. 5 was recorded as Instrument
#105044861 on April 13,2005 at the Ada County Recorder's office.The site plan,date stamped
by the City on August 20, 2020, shows a total of 81-parking spaces. The proposed building
gross square footage is 23,400-square feet which requires a total of 94 parking spaces. The
proposed leasable square footage within the building,which includes a significantly sized open
lobby,central hallway with an open mezzanine above is 21,566-square feet which requires 86-
parking spaces.The applicant's narrative further states that by calculating the required parking
spaces using the leasable square footage, the proposed site plan is five parking spaces short.
The applicant is requesting a parking reduction of five parking spaces, a 5.8 % parking
reduction.
• The executed development agreement (Instrument #100011692) associated with the Eagle
River development (where the subject site is located) contains landscape, site design, and
architectural design guidelines associated with the development. The applicant is proposing a
"Contemporary" style of architecture to be in conformance with the required guidelines
pursuant to the executed development agreement. The applicant's narrative, date stamped by
the City on August 20, 2020, states, "the proposed Eagle River Office Building has been
approved by the Eagle River Architectural Control Committee for compliance with the Eagle
River Architectural Design Guidelines."The proposed architecture is subject to change at the
discretion of the Design Review Board and City Council. The Owner has submitted a design
review application for the proposed building and site landscaping(as required by Eagle City
Code) and should comply with all conditions required by the Design Review Board and City
Council prior to the issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if City Council approves the conditional use permit
application,then staff recommends the site specific 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 October
19,2020,at which time 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
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus Time 1:38:24)
Upon closing the public hearing,the Commission discussed during deliberation that:
• The Commission determined that the reduction of 5-parking spaces is appropriate due to the shared
parking required within the development by its CC&Rs, with the close proximity to an ACHD Park
and Ride,tenants of the proposed building may utilize public transit and reduce the demand for on site
parking, and the building design is nice with only a portion of the building requiring the height
exception.
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COMMISSION DECISION:
The Commission voted 4 to 0 (McCauley absent) to recommend approval of CU-06-20 for a conditional
use permit for a building height exception to 39' 6"and a waiver pursuant to Idaho Code§67-6512(f)for a
parking reduction of five(5)parking spaces,for Eagle River,LLC,with the following staff recommended
site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall comply with the all applicable conditions of RZ-02-98 and the executed
development agreement(Instrument#100011692)for Eagle River Development.
2. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City,whichever occurs first.
3. The maximum height of the building shall not exceed 39' 6".
4. The proposed building design incorporates a "Contemporary" architectural style. The proposed
architecture shall be in conformance with the "Eagle River Landscape, Site Design, and
Architectural Design Guidelines" pursuant to the executed development agreement. The
architectural style is subject to change at the discretion of the Design Review Board and City
Council. The Owner shall comply with all conditions required by the Design Review Board and
City Council prior to the issuance of a zoning certificate.
5. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning
Department prior to commencing construction of a structure on the site(ECC 8-7-2[A]).
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.
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7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb,or to the drainage easement,and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure,or canal,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. Streetlight 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
streetlights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
The applicant shall pay applicable streetlight 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.
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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 Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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
floodplain (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.
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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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property,the new owner(s)shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred.The new owner(s)shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU-
06-20)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 Eagle City Code Section 8-2-3 of this
title (Eagle City Code Title 8) for the zoning district involved since a building height exception
may be permitted in the MU-DA(Mixed Use with a development agreement in lieu of a PUD);
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 a building height exception is permitted
with the approval of a conditional use permit with the MU-DA (Mixed Use with a development
agreement in lieu of a PUD) zoning district and the Comprehensive Plan designates this site as
Commercial;
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 because the proposed office building will be located
within an area that has commercial uses and a state highway located adjacent to the site. The site
contains a buffer area with mature trees located adjacent to the state highway.Also,the design and
architecture of the proposed office building is required to be reviewed and approved by Eagle River
development company(as required pursuant to the executed development agreement, Instrument
#100011692),Design Review Board and City Council prior to construction;
D. Will not be hazardous or disturbing to existing or future neighborhood uses,since the site is located
within a commercial subdivision and bordered on the north by a state highway;
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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 schools; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide adequately any such
services.All central services are available to the site.Also,development of sewer,water,drainage,
and other urban services will be provided at the developer's expense;
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 will be served
with central sewer from the Eagle Sewer District and public water from the Eagle Water Company's
system.Fire protection will be provided by the Eagle Fire Department.Fire access and fire hydrants
will be provided in conformance with the International Fire Code where required;
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 transportation system has been
found to be adequate by ACHD and since the development is not expected to generate any noise,
smoke, fumes,glare or odors;
H. Will have vehicular approaches to the property from East Riverside Drive which are designed as
not to create an interference with traffic on surrounding public thoroughfares as approved by Ada
County Highway District; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since there are no scenic or historic features of major importance on the site.
2. 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.
3. In accordance with Idaho Code 67-6512(f), the Commission concludes that a waiver to permit the
parking reduction of five (5) parking spaces is appropriate due to the shared parking required within
the development by its CC&Rs and with the close proximity to an ACHD Park and Ride,tenants of the
proposed building may utilize public transit and reduce the demand for on site parking.
DATED this 2nd day of November 2020.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
—41 clg„.. eye of 'Oz._
Trent Wright, Chairman
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