Findings - PZ - 2015 - CU-06-15 - Cup 5,500 Cabinet Shop/.30-Acre Site/2128 E State StreetBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A CABINET SHOP AND WAIVER FOR
CAMERON LUFF
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -06 -15
The above - entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on August 31, 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:
Cameron Luff, represented by Camilla Luff, is requesting conditional use permit approval for the
construction of a 5,500 - square foot cabinet shop and a waiver to reduce the required on -site
parking by one space and to remove the requirement for the construction of curb, gutter, and
sidewalk along the portions of the site fronting East State Street and Dunyon Street. The 0.30 -acre
site is located on the north side of East State Street approximately 525 -feet east of the intersection
of Conover Street and East State Street at 2128 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle City Library at 7:00 PM, Monday, July 13, 2015,
in compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on July 14, 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 August I0, 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 August 6, 2015. The site was posted in
accordance with the Eagle City Code on August 20, 2015. Requests for agencies' reviews were
transmitted on July 16, 2015, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Dunyon /State Development Area (DSDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (l) existing residential home with a shared single driveway providing access
from East State Street.
I. SITE DESIGN INFORMATION:
SITE DATA
COMP PLAN
ZONING
LAND USE
.30 -acres
DESIGNATION
DESIGNATION
42.9%
Existing
Mixed Use
MU (Mixed Use)
Single- Family Residence
Proposed
No Change
No Change
Proposed Cabinet Shop
North of site
Residential Four
R-4 (Residential)
East Dunyon Street/Single-
15 -feet (minimum)*
Side Setback (East)
5 -feet
Family Residential (Randall
Side Setback (West)
28.5 -feet
5 -feet (minimum)*
Acres Sub. No. 15)
South of site
Mixed Use
BP (Business Park District)
East McGrath Road/Mobile
Home
East of site
Mixed Use
MU (Mixed Use)
Single- Family Residential
(Randall Acres Sub. No.
15)
West of site
Mixed Use
MU (Mixed Use)
Single - Family Residential
(Randall Acres Sub. No.
15)
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Dunyon /State Development Area (DSDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (l) existing residential home with a shared single driveway providing access
from East State Street.
I. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
.30 -acres
5000- square feet (minimum)
Percentage of Site Devoted to Building
Coverage
42.9%
50 % (maximum)
Percentage of Site Devoted to
Landscaping
21%*
10% (minimum)
Number of Parking Spaces
Eight (8)
Nine (9)
Front Setback (South)
23 -feet
15 -feet (minimum)*
Rear Setback (North)
23 -feet
15 -feet (minimum)*
Side Setback (East)
5 -feet
5 -feet (minimum)*
Side Setback (West)
28.5 -feet
5 -feet (minimum)*
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*Note: Percentage of site devoted to landscape area is inclusive of right -of -way area. Required lot coverage and
setbacks when located within the DSDA.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The applicant is proposing to construct one (I) building to be utilized as a cabinet shop.
Height and Number of Stories of Proposed Buildings:
The applicant is proposing an approximately twenty -two foot (22') high single -story structure.
Gross Floor Area of Proposed Buildings:
The proposed cabinet shop is approximately 5,447 -square feet.
On and Off -Site Circulation:
The applicant is proposing a I5 -foot wide one -way driveway providing access from East State
Street and exiting to East Dunyon Street.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Sewer District, Eagle Water Company, and the Eagle Fire
Department.
L. PARKING ANALYSIS:
Proposed Parking Spaces: 8
Required Parking Spaces: 9 (calculated based upon the following uses identified in Eagle City
Code Section 84-5: Industry [custom] and "Storage ")
Gross Floor Area of Proposed Cabinet Shop:
Showroom = 902- square feet
Storage (uninhabitable area) = 1,230- square feet
Industrial area = 3.315- square feet
Total = 5,447- square feet
Industrial Area— 1 /1,000 square feet 3,315/1,000 square feet = 4 parking spaces
Showroom Area — 1/300 square feet 902/300 square feet = 3 parking spaces
• Eagle City Code Section 8-4 -5 requires 1 parking space per 1,000- square feet of gross floor
area for industrial purposes; plus I parking space per 300 square feet office or sales area uses:
Store Area — 1 /1,000 square feet 1,230/1 ,000 square feet = 2 parking space
• Eagle City Code Section 8-4 -5 requires 1 parking space per 1,000- square feet of gross storage
area for "Storage (enclosed building and/or fenced area)" uses:
M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
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Riparian Vegetation . -- no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat -- unknown
P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
Q. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Republic Services
Settlers Irrigation District
R. LETTERS FROM THE PUBLIC: None received to date.
S. EAGLE CITY CODE 8 -7 -3 -2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission /Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the fallowing 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
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I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
+ The site is designated as Mixed Use on the Comprehensive Plan Land Use Map.
Chapter 6 — Land Use
6.3.10 Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete
description. An allowable density of up to 20 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -1 -2 Rules and Definitions:
CABINET SHOP: An establishment, either wholesale or retail, that sells, repairs and/or
manufactures cabinets or wood trim for any type of building or structure.
INDUSTRY:
A. Custom: Establishments primarily engaged in on site production of goods by hand
manufacturing involving the use of hand tools and small scale equipment.
B. Limited: Includes mechanical equipment not exceeding two (2) horsepower, a single kiln
not exceeding eight (8) kilowatts and the incidental direct sale to consumers of only those
goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle
making shops, and custom jewelry manufacture.
• Eagle City Code, Section 8 -2 -1 Mixed Use District
To provide for a variety and mixture of uses such as limited office, limited commercial, and
residential. This district is intended to ensure compatibility of new development with existing
and future development. It is also intended to ensure assemblage of properties in a unified plan
with coordinated and harmonious development which shall promote outstanding design
without unsightly and unsafe strip commercial development. Uses should complement the uses
allowed within the CBD zoning district. All development requiring a conditional use permit in
the MU zoning district, as shown in section 8 -2 -3 of this chapter, shall occur under the PUD
and/or development agreement process in accordance with chapter 6 or 10 of this title unless
the proposed development does not meet the area requirements as set forth in section 8 -6 -5 -1
of this title. In that case a cooperative development, in conjunction with adjacent parcels (to
meet the minimum area requirements), shall be encouraged. Otherwise a conditional use
permit shall be required unless the proposed use is shown as a permitted use in the MU zoning
district within section 8 -2 -3 of this chapter. Residential densities shall not exceed twenty (20)
dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning
district, a development agreement may be utilized in lieu of the PUD and/or conditional use
process if approved by the city council, provided the development agreement includes
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conditions of development that are required during the PUD and conditional use process.
• Eagle City Code, Section 8 -2 -3 states in part that a Cabinet Shop located within a MU (Mixed
Use) zoning district requires the approval of a conditional use permit.
• Eagle City Code, Section 8 -2A -6 (F) Dunyon /State Development Area: DSDA.
Dunyon /State Development Area: DSDA shown on exhibit A -1 within the EASD book.
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks And Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line
shall be fifteen feet (15') minimum.
b. Side Setbacks: Side building setbacks shall be five feet (5') minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the
city encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers /shrubs /all tree displays in
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
d. Site And Landscape Design: At the discretion of the design review board the following
may be considered when the board finds that the site has been designed in harmony
with the design guidelines, objectives and considerations noted within subsection A of
this section.
Interior and perimeter parking lot landscape area dimensions may be reduced
(2) The minimum required landscaping between the building and the property line
may be reduced when the design review board finds that the building's design
style and architecture serves as an appropriate buffer to the adjacent property.
(3) Screen and/or perimeter fencing utilizing chainlink with vision slats may be
considered. Perimeter fencing facing the public street is prohibited. Barbwire
and/or razor /ribbon wire located on top of the chainlink fence is prohibited.
• Eagle City Code, Section 8- 2A -7(M) Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA
sidewalks shall be separated from the curb along all streets. Sidewalks shall be required
when space permits. An eight foot (8') wide minimum parkway planter strip planted with
shade class (class II) trees shall be required between the sidewalk and street to provide a
canopy effect over streets.
2. In all required applications, excluding residential developments, one street tree, selected
from the approved tree list in subsection Q of this section, shall be planted per thirty five
(35) linear feet of street frontage.
Within residential developments one shade class (class II) tree selected from the approved
tree list in subsection Q of this section shall be located on both sides of all streets within
the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be
planted at the front of each lot generally located on each side lot line corner with the
distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty
feet (80') of street frontage.
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4. In all cases, any planting within public rights of way shall be with approval from the
public and/or private entities owning the property.
• Eagle City Code, Section 8 -34 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:
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.
2. Noise: Objectionable noise, as determined by the administrator, which is due to
volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and
relation apparatus used solely for public purposes are exempt from this requirement.
Air Pollution: Air pollution shall be subject to the requirements and regulations
established by the health authority.
• Eagle City Code, Section 84-1 Interpretation of Provisions:
In the interpretation of this chapter, the following shall govern:
A. Parking spaces for other permitted or conditional uses not listed herein shall be determined
by the administrator. Among the factors for determining the number of spaces to be
required for a use not listed herein, the administrator shall compare the proposed use with
a use which has similar traffic generating characteristics as outlined in the most recent
version of the institute of transportation engineers trip generation manual.
B. Fractional numbers shall be increased to the next whole number.
• Eagle City Code, Section 84-5 Schedule of Parking Requirements:
Industry (custom) 1 per 1,000 square feet gross area used for industrial purposes; plus I per
300 square feet office or sales area
Storage (enclosed I per 1,000 square feet of gross storage area
building and/or
fenced area)
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• 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.
C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
+ Idaho Code Section 67- 6512(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.
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C. DISCUSSION:
• The site plan, date stamped by the City on July 14, 2015, identifies eight (8) parking spaces
located within the site. The proposed use is similar to an "Industry (custom)" use as identified
in Eagle City Code Section 8 -1 -2. Pursuant to Eagle City Code Section 8-4 -5, an Industry
(custom) use requires one (1) space per 1000- square feet gross area used for industrial
purposes, plus one (1) space per 300 - square feet office or sales area. The site plan also shows
that a portion of the building is going to be utilized for storage. The proposed 5,447- square
foot building consists of a 902- square foot showroom, 3,315- square feet of industrial (custom)
area, and 1,230- square feet of storage area. As identified in the Staff Analysis Section L
above, the proposed use requires a total of nine (9) parking spaces. The applicant provided a
narrative, date stamped by the City on July 14, 2015, that indicates they need five (5) parking
spaces for employee's usage and three (3) for customers and daily traffic. Pursuant to Idaho
Code Section §67- 6512(f), the applicant is requesting a waiver to ECC 84-5 to allow a one
(1) space reduction.
• The applicant is also requesting approval of a waiver to remove the requirement for the
construction of curb, gutter, and sidewalk along the portions of the site fronting East State
Street and Dunyon Street. There are currently no curb, gutter, or sidewalk improvements
located within this area. If curb, gutter, and sidewalk improvements were proposed to be
constructed they should be constructed for the block in its entirety and not just one (I )
property at a time so that the curbs and gutters can be properly designed for storm water
drainage.
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8 -7 -3 -2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8 -2 -3 of this title (Eagle
City Code Title 8) since a cabinet shop may be permitted in the MU (Mixed Use District)
zoning district with the 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 since a cabinet shop is
permitted with the approval of a conditional use permit with the MU (Mixed Use District)
zoning district and the Comprehensive Plan designates the site as Residential; 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 property is
surrounded by other commercial uses; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
subject parcel is surrounded by commercial lots and will be fully landscaped; 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 as noted in responses received by agencies
providing public services and the cabinet shop will be connected to central sewer and
water; and
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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 will be connecting the cabinet shop into existing central sewer and central water
and access will be provided from an existing street;
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; 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 site is served by an
existing driveway; 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 existing trees and there are no scenic or historic
features of major importance on the site.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
31, 20I5, 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 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 should be required to install nine (9) parking spaces for future use.
• Remove site specific condition #2 to make it easier for possible new ownership down the road.
• The applicant should be subject to noise ordinances.
• The proposed use is a good addition to the area.
• It is nice to see new small businesses coming to the community.
COMMISSION DECISION:
The Commission voted 3 -0 (Smith and Soelberg absent) to recommend approval of CU -06-15 for a cabinet
shop and waiver with the following staff recommended site specific conditions of approval and standard
conditions of approval with strike through text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A cabinet shop is the only use approved with this conditional use permit (ECC 8 -2 -3). The property is
subject to conditions of design review.
ti.u.icvFF1 G;abiReIFY ME[ is 118H WaMfel`ffible.
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. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to the construction of the cabinet shop (ECC 8- 7- 2[A]).
5. A design review application shall be reviewed and approved by the Design Review Board prior to the
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issuance of a zoning certificate (ECC 8- 2A -17).
a
7. A waiver of the requirement to construct curb, gutter, and detached sidewalk along the portions of the
site fronting East State Street and Dunyon 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
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.
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.
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
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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.
4. 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.
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
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K U'imning IkplUagl< Applra1i=%kCUU01,%CU W I S Cahircl Shop prl d4X
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway /Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and /or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
14. 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 City Library at 7:00 PM, Monday, July 13, 2015, in
compliance with the application submittal requirement of Eagle City Code. The application for this
Page 13 of 15
K-U'Lmmiag IhptWagk ApplicaEx)mlC:Ul®911 %C L •dHr 13 Cabiswi tibup pif dux
item was received by the City of Eagle on July 14, 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 August 10, 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 August 6, 2015. The site was posted in accordance
with the Eagle City Code on August 20, 2015. Requests for agencies' reviews were transmitted on July
16, 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-
06-15) 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) since a cabinet shop may be permitted in the MU (Mixed Use District) zoning
district with the 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 since a cabinet shop is permitted with the
approval of a conditional use permit with the MU (Mixed Use District) zoning district;
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 design of the proposed structure must
meet the City's design review requirements; and
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the cabinetry
work will be done within the structure; 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 as noted in responses received by agencies providing public services and the
cabinet shop will be connected to central sewer and water; 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 will be
connecting the cabinet shop into existing central sewer and central water and access will be
provided from an existing street;
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; 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 site is served by an existing driveway;
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 existing trees and there are no scenic or historic features of major
importance on the site.
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4. Pursuant to Eagle City Code 8 -7 -3 -5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 21 51 day of September, 2015.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle Citj Clerk
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Page 15 of 15
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