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Findings - PZ - 2015 - CU-01-15 - Cup For Contractor's Yard/1.07 Acre Site/1740 East State Street BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) A CONTRACTOR'S YARD AND A SETBACK ) WAIVER FOR CHRIS LOMBARDO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-01-15 The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on May 18,2015, 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: Chris Lombardo, represented by Brad Smith with Babcock Design Group, is requesting conditional use permit approval for a contractor's yard. The 1.07-acre site is generally located on the north side of East State Street approximately 125 feet west of the intersection of East McGrath Road and East State Street at 1740 East State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Library Conference Room, at 6:00 PM, Thursday, March 26, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on April 1,2015. 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 April 27, 2015. 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 April 22, 2015. The site was posted in accordance with the Eagle City Code on May 8, 2015. Requests for agencies' reviews were transmitted on April 3,2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 21, 1997, the Planning and Zoning Commission approved a design review sign application for a monument sign to be constructed at the New Horizon Child Care facility(DR-22- 96). On January 11, 2005,the City Council approved a building wall sign for New Horizon Child Care (DR-10-04). E. COMPANION APPLICATIONS: Design review to convert the use of a 6,262-square foot building from a daycare to a multi-tenant office with a contractor's yard(DR-12-15). Page 1 of 13 K:1PWn ing Dept\Eule App 6a CU12015\CU-0t-15 Lombardo psfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial C-2(General Business Daycare District) Proposed No Change No Change Proposed Multi-Tenant Office Building and Contractor's Yard North of site Commercial C-2(General Business Business Park(Andon District) Complex) South of site Commercial BP(Business Park) Vacant Parcel East of site Commercial C-2(General Business Business Park(Andon District) Complex) West of site Commercial C-2(General Business Vacant Property(Currently District) being utilized for the storage of equipment) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA, or DSDA. H. EXISTING SITE CHARACTERISTICS: The site contains one (1) existing 6,262-square feet two-story commercial building. A paved parking area with landscaping is located from the front property line to an area in alignment with the rear corners of the existing building. Page 2 of 13 KAPlaaning Dept\Eagle Applications\C[R2015\CU-01-15 Lombardo pzf doc SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 1.07-acres(46,609.2-sqaure 1300-square feet(minimum) feet) Percentage of Site Devoted to Building 45% 50%(maximum) Coverage Percentage of Site Devoted to 24% 10%(minimum) Landscaping Number of Parking Spaces 21 25* Front Setback 55-feet 0-feet Rear Setback 83-feet 0-feet Side Setback(west) 25-feet 0-feet Side Setback(east) 50-feet 0-feet *Based on existing building being utilized as an office. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One(1)existing two-story building to be utilized as an office. Gross Floor Area of Proposed Buildings: 6,262-square feet On and Off-Site Circulation: K. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Water Company, Eagle Sewer District, and the Eagle Fire Department. L. PUBLIC USES PROPOSED:None proposed 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 — several mature trees located adjacent to the eastern property line, two (2) mature trees located adjacent to the western property line, and three (3) mature trees are located adjacent within the area proposed to be a contractor's yard. All existing trees are proposed to remain. Riparian Vegetation—no Steep Slopes—no Page 3 of 13 ICAPlarming DaptWagle Applaaio n\CU12015K,v-ol-1s Lombardi)pzEAoc Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern, are noted below: Ada County Highway District Eagle Fire Department United Water Republic Services Tesoro Logistics NW Pipeline Q. LETTERS FROM THE PUBLIC:None received to date R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed Conditional Use in terms of the following standards and shall fmd 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. Page 4 of 13 K:\Plwrog Dept\Eegle ApplicatioesCU 20151CU-01-15 Lembo*pz doc 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 7, 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 Contractor's Yard as: Any area of land or building used by a contractor for storage, maintenance, or processing incidental to the business of building, hauling, excavation, demolition, or similar activity and including any area of land or building used for the incidental repair of machinery used for any of the above listed activities. • Eagle City Code, Section 8-2-1 C-2 General Business District: To permit the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones. Uses that complement rather than compete with the uses allowed within the CBD zoning district shall be encouraged. • Eagle City Code, Section 8-2-3 states in part that Contractor's Yard and/or Shop located within a C-2 (General Business District) zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-3-4 Commercial and Industrial Uses Restricted: A. Performance Requirements:No land or building in any district shall be used or occupied in any manner creating dangerous, injurious, noxious or otherwise objectionable conditions which could adversely affect the surrounding areas or adjoining premises; except,that any case permitted by this title may be undertaken and maintained if acceptable measures and safeguards to reduce dangerous and objectionable conditions to acceptable limits as established by the following performance requirements: 1. Fire Hazards: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire prevention equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved as specified in the uniform fire code and the national safety foundation publications. • Eagle City Code, Section 8-3-5 Unique Land Uses: H. Contractor's Yard: 1. Will be located a minimum distance of three hundred feet (300') from any residence, except for an owner's residence; 2. Will have screening fence around areas utilized for storage of equipment;and Page 5 of 13 ICAPIenning Dea+E gle Appli ACUMIS cv-m-u Sao peaa 3. Will be limited to storage,maintenance and processing incidental to contracting work. There shall be no general industrial or commercial uses. • Eagle City Code Section 8-4-5 Schedule of Parking Requirements: Offices,business and professional 1 per 250 square feet of gross floor area • Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use: 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. • Eagle City Code, Section 8-7-3-5 Conditional Use Permit: D. Conditions of Permit:Upon the granting of a conditional use permit,conditions may be attached to said permit including,but not limited to,those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. Page 6 of 13 KAP1anning Dept\EWgie Applications\CU120131CUA1-15 Lombardo pzt'.doc C. IDAHO STATUTE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Idaho Code Section 67-6512(f) Special Use Permits,Conditions, and Procedures: 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. D. DISCUSSION: • The applicant is requesting conditional use permit approval to allow for a contractor's yard to be located behind (north of) the existing building located at 1740 East State Street. The building and site was previously utilized as a daycare center with a play area located behind (north of) the existing building. The applicant is proposing to utilize the existing building as an office. The applicant is also proposing to convert the play area(located on the north side of the building)to a contractor's yard. The applicant is proposing to store building materials and small equipment consisting of a job trailer, dump trailer,and delivery truck associated with the applicant's construction business. The approval of a conditional use permit should be limited to the applicant and/or the applicant's construction business. The area located behind the building is currently screened with vinyl fencing. The proposed use is similar to the existing uses currently located adjacent to the site. • Pursuant to Eagle City Code, Section 8-3-5(H), a contractor's yard is required to be located a minimum of 300-feet from any residence(except for an owner's residence). There are four(4) residences located on South Conover Street within 300-feet of the proposed use, however,the property located between the proposed contractor's yard and the residences contains two (2) large buildings that block the view of the contractor's yard from the residences (see attached exhibits "A" and `B"). Pursuant to Idaho Code Section §67-6512(f) exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning ordinance may be permitted through issuance of a special use permit (conditional use permit). Since the view from the residential homes of the proposed contractor's yard is blocked by the two (2) large buildings staff would recommend that a setback waiver reducing the minimum distance of the contractor's yard to the closest residence (located on South Conover Street) of 230-feet be approved with the subject conditional use permit. • The existing building located on-site is 6,262-square feet in size. The applicant is proposing a change of use for the building from daycare to multi-tenant office. Pursuant to Eagle City Code Section 8-4-5,the required parking for offices,business and professional is one(1)space per two-hundred fifty (250) square feet. The required number of parking spaces required for the existing building based on an office use is twenty-five(25)spaces. The applicant should be required to provide a revised site plan showing a minimum of twenty-five (25)parking spaces to be reviewed and approved by the Design Review Board prior to the issuance of a Zoning Certificate. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 18, 2015, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. Page 7 of 13 K:Wlani es Dept\Eagle App ionAC[nwl ACU-01-13 Lombardo pzf doc B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The applicant will be required to screen the area to be utilized for the storage of materials. • The setback waiver should be approved since there are large commercial buildings (located on the adjacent property east of the proposed use) that are located between the proposed use and the residential homes located within 300-feet of the contractor's yard. COMMISSION DECISION: The Commission voted 3-0 (Koellisch and Villegas absent) to recommend approval of CU-01-15 for a conditional use permit for a contractor's yard and a setback waiver for Chris Lombardo with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. A contractor's yard(to be located within a screened area behind the existing building)is the only use approved with this conditional use permit(ECC 8-2-3). 2. The conditional use permit approval of the contractor's yard is for Chris Lombardo and/or Forte Construction and is non-transferrable. 3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this project prior to the issuance of a certificate of occupancy. 4. Provide a revised site plan showing a minimum of twenty-five (25)parking spaces to be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate(ECC 8-4-5). 5. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department prior to the storage of material on the site(ECC 8-7-2[A]). 6. The applicant shall submit a design review application showing: 1)a minimum of 10%of the site to be covered by landscaping, 2) proposed screening of the area to be utilized as a contractor's yard, 3) required parking, and 4) a change of use converting the existing building from daycare to multi-tenant office (ECC 8-2A-6, 8-2A-7). All living trees on the site shall be preserved, unless otherwise determined by the Design Review Board. The design review application shall be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate for this site(ECC 8- 2A-17). 7. The contractor's yard area shall be limited to the storage of building materials and small equipment incidental to contracting work. No general industrial or commercial uses shall be conducted within the contractor's yard. All materials and small equipment shall be stored within a screened area located behind the existing building(ECC 8-3-5[H]). 8. A setback waiver to allow the contractor's yard to be located 230-feet from the closest residence located on South Conover Street is approved. 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 Page 8 of 13 K:\Plamrag Dept\Eagle Appticatioas\CV12OI5'CU-01.15 Lombardo pzea« be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Environmental Quality 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, 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 fmal 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 Page 9 of 13 K: Dept\Eagle App1icatioasCln20151CU-01-15 Lombardo pzf doc a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the fmal 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 fmal 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 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. Page 10 of 13 &Timmins Dept\Basie Application,1CLIUOI CCU-01-IS Lombardo prf.doc 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. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Eagle Library Conference Room, at 6:00 PM, Thursday, March 26, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on April 1,2015. 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 April 27, 2015. 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 April 22, 2015. The site was posted in accordance Page 11 of 13 K:\Planoing Dept\Eagle Application CU 201 RCU-o1-15 Lombardo pzfdoc with the Eagle City Code on May 8,2015. Requests for agencies' reviews were transmitted on April 3, 2015, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU- 01-15) 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) for the zoning district involved since a contractor's yard requires approval of a conditional use permit;and 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 Eagle City Code contains provisions which allow for a contractor's yard to be located in the C-2 (General Business District) zoning district with the approval of a conditional use permit. Additionally, in accordance with Idaho Code 67- 6512(f), a waiver of Eagle City Code Section 8-3-5 (H)(1) which requires the contractor's yard to be located a minimum distance of 300-feet from any residence is approved and the setback will be reduced to 230-feet since the contractor's yard is not visible from the residences;and 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 contractor's yard is required to be screened and the property is surrounded by commercial uses;and D. Will not be hazardous or disturbing to existing or future neighborhood uses since the applicant will be storing building materials, trailers, and a delivery truck. Also, the proposed contractor's yard will be screened from the adjacent properties;and 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 site is already developed and served by adequate infrastructure;and 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 applicant is not proposing any new development on the site;and 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 is only proposing to store building materials and equipment on-site; and 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 points to the site already exist; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since the applicant is proposing to preserve the existing trees and there are no scenic or historic features of major importance on the site. 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. Page 12 of 13 K:\Plemmtg Dept\Eagle Applications CU\201scu-01-15 Lombardo pz:doc DATED this 1st day of June,2015. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho ti Trent Wright,Chai an •.its........,,,,. ATTEST: 47 g _o 2 P I y )(A 0 aron K.Bergmann,Eagle City Cl rk V6 v c: filz.Off•: • Page 13 of 13 K.:Thumbs Dept\Eagle AppNwiorolCU 201S\CU-01-1S Lombardo pzfdoc