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Findings - PZ - 2015 - CU-07-15 - Cup (8) Singlefamily Dwelling Units/Cbd/.19 Acre/348 E Idaho StBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT FOR ) SINGLE - FAMILY DWELLING UNITS ) LOCATED WITHIN THE CENTRAL BUSINESS ) DISTRICT FOR PARADIGM ) CONSTRUCTION, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -0745 The above - entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on September 21, 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: Paradigm Construction, LLC, is requesting conditional use permit approval to construct eight (8) single- family dwelling units within the CBD (Central Business District). The 0.49 -acre site is located on the north side of East Idaho Street approximately 260 -feet east of the intersection of North 2nd Street and East Idaho Street at 348 East Idaho Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room), at 6:00 PM, Wednesday, July 15, 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 July 21, 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 31, 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 26, 2015. The site was posted in accordance with the Eagle City Code on August 20, 2015. Requests for agencies' reviews were transmitted on July 29, 2015, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 12, 1994, the Eagle City Council approved a lot spilt for Steve Kioukis (LS- 00 -94). 1v. COMPANION APPLICATIONS: None Page I of 14 9 .I11Jnnmg I-k -PAI qk. APp1R;JwNCt.R:111561U 07 IS Nmgk I'1mfl) DAeRmg CIII) Ir/fdoe F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: The property i5 located within the Transitional Development Area (TDA) overlay district. H. EXISTING SITE CHARACTERISTICS: The site consists of two (2) vacant lots. Page. 2 or 14 K.Al innmg NpAU& Appkjtwmu CIA201 MCC 07 13 tiingk hmgy D%elling L 6U p /I.duc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Downtown CBD (Central Business Vacant Parcels District) Proposed No Change No Change Eight (8) Single - Family Dwelling Units North of site Downtown R4 (Residential) Single- Family Residential (Eagle Village Subdivision No. 2) South of site Downtown CBD (Central Business Eagle Senior Center District) East of site Downtown CBD (Central Business First Baptist Church District) West of site Downtown CBD (Central Business Office District) G. DESIGN REVIEW OVERLAY DISTRICT: The property i5 located within the Transitional Development Area (TDA) overlay district. H. EXISTING SITE CHARACTERISTICS: The site consists of two (2) vacant lots. Page. 2 or 14 K.Al innmg NpAU& Appkjtwmu CIA201 MCC 07 13 tiingk hmgy D%elling L 6U p /I.duc 1. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 0.49 -acres 500- square feet (minimum) Percentage of Site Devoted to Building Coverage 30% 20% (minimum)* 85% (maximum)* Percentage of Site Devoted to Landscaping 30% 10% (minimum) Number of Parking Spaces 16 Two (2) (including one [I] covered) /unit Total: 16 Front Setback (South) 10 -feet 10 -Feet (minimum)" 25 -feet (maximum)` Rear Setback (North) 5 -feet 0 -feet (minimum) Side Setback (West) 5 -feet 10 -feet (maximum) Side Setback (East) 5 -feet 0 -Feet -tote: tcequtreu lot coverage ana seinacKs %%nen tocateu Nlnlln till I VA. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct four (4) two (2) story single- family dwellings with four (4) detached garages with second story guest suites. Height and Number of Stories of Proposed Buildings: The applicant is proposing to construct an approximately twenty -six foot (26') high, two -story structure and a twenty -four foot (24') high two -story detached garage with a guest suite. Gross Floor Area of Proposed Buildings: The proposed single - family dwelling units are approximately 1,619- square feet. The detached garages are 508- square feet in size with a guest suite Iocated above the garage. On and Off -Site Circulation: The applicant is proposing to construct two (2) 16 -foot wide driveways onto Idaho Street to provide access to the site. K. PUBLIC SERVICES AVAILABLE: The site is serviced by Eagle Sewer District, Eagle Water Company, and 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 Page 3 of 14 K J'U mmg Ikpt4l:sgk Appuc'jti,unlCU -'("i L'U•4)7.15 Single I-anily nwellsng Oil) pit d(w Floodplain no Mature Trees — yes — several mature trees located adjacent to the eastern property line. Riparian Vegetation - no Steep Slopes no Stream /Creek no Unique Animal Life -- unknown Unique PIant Life -- unknown Unstable Soils — unknown Wildlife Habitat — unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Idaho Transportation Department 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 find adequate evidence showing that such use at the proposed Iocation: 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 shaII 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; Page 4 of 14 F:.I'L nning MpL%E:ag4 Anplica1utns%CU520MCU 07 11 Single E amAy Dv%ctling LIIII prf.dm 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. 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 6.3.12 Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core business area of the community. A variety of business, public, quasi - public, cultural, residential and other related uses are encouraged. The Pedestrian friendly uses and developments are encouraged. Land within this district is the only place to utilize CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8 -1 -2 defines Dwelling Unit as: DWELLING UNIT: Space within a dwelling comprising living, dining, sleeping room or rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees. + Eagle City Code, Section 8 -1 -2 defines Dwelling, Single- Family as: A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space. This classification includes manufactured homes and any home in which eight (8) or fewer supervised unrelated mentally and/or physically handicapped or elderly persons reside. Eagle City Code, Section 8 -2 -1 CBD Central 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 aIIowed within the CBD zoning district shall be encouraged. • Eagle City Code, Section 8 -2 -3 states in part that single - family (new) located within a CBD (Central Business District) zoning district requires the approval of a conditional use permit. • Eagle City Code, Section 8- 2A -6(D) Transitional Development Area: TDA. Transitional Development Area: TDA shown on exhibit A -I within the EASD book. 1. Purpose: To serve as an area of future expansion to the central business district as market demands grow and to provide an area to accommodate public parking and service to the central business district. 3. Setbacks And Lot Coverage: To the extent the setback and Iot coverage requirements set Pa,-,c S of 14 IC'A'Unning IlepRlagl App5L31u1ns%CUQW5WIJ4I7• I i smgW Family I7wdmg C III) pil do. forth below conflict with section 8 -2 -4 of this chapter, the setback requirements below shall control: a. Front building setbacks from the property line shaII be a minimum of ten feet (10') to a maximum of twenty five feet (25'). 5. Landscaping And Streetscape: All landscaping shall comply with the landscaping requirements contained in section 8 -2A -7 of this article. Other Streetscape and design elements shall comply with the requirements contained within subsection G of this section. • Eagle City Code, 8 -2A -6 (G) Streetscape: Streetscape improvements are to include street trees, streetlights, pedestrian lighting, bollards, public art, kiosks and furnishings. The scope of streetscape design and number of amenities vary within the different overlay districts of the city. In areas anticipated to have higher concentrations of pedestrian use wider sidewalks and a further varied number of amenities are to be made available to enhance the pedestrian experience and to further encourage the health of the business community. Examples of streetscape design and amenities are shown within the EASD book. 1. Street trees shall comply with the requirements contained in section 8 -2A -7 of this article. Any tree located within a concrete area shaII include tree grates and tree wells as depicted on the tree weII and tree grate exhibit within the EASD book. Root barriers shall be required to Iimit future sidewalk damage from tree roots. 2. The specific style of streetlight poles within the DDA, TDA, CEDA, and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within the EASD book. 3. The specific style of streetlight lamps within the DDA, TDA, CEDA, and in the locations specified in subsection G6 of this section, shall be as depicted on the streetlamp exhibit within the EASD book. 4. Streetlights within the DDA and TDA shall be Iocated a maximum distance of one hundred feet (100') apart except as specified in subsection G6 of this section. Said streetlights are not required to be located in alignment across the street from each other. 13. Sidewalks within the TDA shall be a minimum of ten feet (10') wide and shall abut the curb or shall be a minimum of eight feet (8') wide with a ten foot (10') wide landscape strip between the sidewalk and curb. If the sidewalk alternative which abuts the curb is utilized it shall be constructed to match the sidewalk exhibit within the EASD book, consisting of smooth and textured concrete with a "running bond" brick pattern. "Bulb outs" shall be constructed generally as shown on the bulb out exhibit within the EASD book and shall be required at all intersections, except that bulb outs shaII not extend into any roadway designated as an arterial or collector as shown on the Ada County long range highway and street map unless otherwise approved by the highway district having jurisdiction. A reduced sidewalk section may be permitted if the design review board finds that the preservation of existing trees warrants a reduction. In no case however shall the sidewalk be reduced to less than six feet (6) in width. • Eagle City Code Section 8 -4 -5 Schedule of Parking Requirements: Single - family dwelling (lots Iess than 15,000 square feet) 2 including l covered Page 6 of 14 K'll'lannmg IkptW-Agk Appk,iiioR�SCULII)155CU -417 IS Single E -amily Dwelling C 11t7 p0 Joc • Eagle City Code Section 8 -7 -3 -2 General Standards for Conditional Use: The Commission /Council shaII 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. WiII 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 generaIIy 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 Page 7 of 14 k'1PLuming Ikp6E.agk- AppkilwaXtUllI NWU -07 B smgk ['amity UwdUing CHI) pr1.d,._ pursuant to a IocaI ordinance drafted to implement subsection (d) of this section. C' DISCUSSION: The applicant is requesting conditional use permit approval to construct eight (8) single- family dwellings with detached garages on two (2) separate parcels. Each garage will have a second story guest suite with separate utilities. The Floor plan for the studio suite provided by the applicant, date stamped by the City on August 13, 2015, shows the guest suite containing a bedroom, bathroom, kitchen, and Iiving room. Pursuant to Eagle City Code, the guest suite meets the definition of a dwelling unit and a single- family dwelling. Therefore, based on the plans provided by the applicant they are proposing to construct eight (8) single - family dwellings. The site is located within the Transitional Development Area (TDA) overlay district. Pursuant to Eagle City Code Section 8- 2A -6(G), the applicant should be required to construct a minimum ten -foot (10') wide sidewalk with street trees and historic street lights adjacent to East Idaho Street as shown in the Eagle Architecture and Site Design Book (EASD book). The applicant should be required to submit a design review application for the required streetscape improvements along East Idaho Street. 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 single - family dwellings may be permitted in the CBD (Central Business District) zoning district with the approval of a conditional use permit; 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 single- family dweIIings are permitted with the approval of a conditional use permit with the CBD (Central Business District) zoning district and the Comprehensive Plan designates the site as Downtown. 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 wiII not change the essential character of the same area since the single - family dwelling units are surrounded by other lots containing single - family dweIIings; D. WiII not be hazardous or disturbing to existing or future neighborhood uses since the subject parcel is surrounded by subdivision lots containing single- family dweIIings; E. WiII 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 single - family dwellings wiII be connected to central sewer and water; 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 single- family dwellings into existing central sewer and central water and access wiII be provided from an existing street; Page 8 of 14 F:A%Mnin„ lkri;'�;k ApphLatinm;NCLPC0MCU.07 I5SwSk- I':unily 1)%cllinxClll)pgd4K 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 proposing a residential use similar to what currently exists in the area; H. WiII 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 street; I. Will not result in the destruction, Ioss or damage of a natural, scenic or historic feature of major importance since the applicant since 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 September 21, 2015, 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. D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and Zoning Commission by two (2) individuals who indicated: • The row of trees adjacent to the eastern property Iine should remain. • There should be adequate landscaping on the north side and the east comer of the site for privacy. • There will be parking congestion in front of the residences. • The city keeps approving projects but the county has control over the roads. The two entities need to work together to address common issues. • The downtown area should be more pedestrian friendly. • There should be less parking requirements for downtown businesses. • There is overcrowded parking and increased traffic on North 2'' street. • In favor for development in the core. COMMISSION DECISION: The Commission voted 4 -0 (Smith absent) to recommend approval of CU -07 -15 for single - family dwelling units located within the Central Business District with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: I . Single - family dwelling is the only use approved with this conditional use permit (ECC 8 -2 -3). 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. 3. The applicant shall obtain a zoning certificate prior to construction of the single- family dwellings (ECC 8- 7- 2[A]). 4. The applicant shall submit a design review application for the site showing all required improvements including but not limited to a minimum ten -foot (10') wide sidewalk, street trees, and historic street lights along East Idaho Street designed in accordance with Eagle City Code Section 8- 2A -6(G) and as shown in the Eagle Architecture and Site Design Book (EASD book). The design review application Page 9 of 14 KAPUnnmg 1hptll.aEk AppSkjtk nNNCUL'nl MU 07 15 5091' 1 amity I)w_ ILny L111) pA dm shall be reviewed and approved prior to the issuance of a zoning certificate (ECC 8- 2A -17). 5. All site lighting shall be shielded to direct all light downward and not project horizontally onto any public right of way, private street, or onto the property line of any residentially zoned parcel of Iand or parcel of Iand used for residential purposes. All Iights shall be approved as to location, design, and intensity by the Design Review Board. 6. All buildings shall be designed in compliance with Eagle City Code Section 8 -2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD book). STANDARD CONDITIONS OF APPROVAL: I . The applicant shall comply with all requirements of the Ada County Highway District and /or the Idaho Transportation Department, including but not Iimited 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 shaII 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 shaII 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, Pape ID of 14 K U'tanning MpiU'.rgle Applivauvm% %CUV211155M -117 15 ~ogle family DY elling C1111 pAdue 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. 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 pr0ide a recorded easement, acceptable to the City Engineer, for the purpo%e 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 street lights shall be the responsibility of the applicant. 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. Page I I of 14 K5 Umumg MpM JSL'• Apph6AIM naCU12f)MC1 I17 li smg)< I;um3y DALUMg CHD pff &n 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 Path waylGreenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Path waylGreenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and /or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited_ 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and /or Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver /variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). 26. The City's actions on the application does not grant the applicant any appropriation of water or Page 12 of 14 KA111=ing Ihp.T.igk App]ua.tiumx ,i €11 t61`+°?C4.P.lY7 H Singh I jnW, I: �t�_� ,- 0311 pitduc 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: L The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU- 07 -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 single family - dwellings may be permitted within the CBD (Central Business District) zoning district with the approval of a conditional use permit; 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 single- family dwellings are permitted with the approval of a conditional use permit within the CBD (Central Business District) zoning district and the Comprehensive Plan designates the site as Downtown; 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 single- family dwelling units will meet the City's design review requirements and design requirements of the Eagle Architecture and Site Design Book; D. Will not be hazardous or disturbing to existing or future neighborhood uses since the purposed use is residential and the subject parcels are surrounded by a mix of uses including a church, office, senior center, and residential dwellings; 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 single- family dwellings will be connected to central sewer and water; 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 single- family dwellings 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 since it has been determined that residential uses do not produce the above mentioned objectionable elements; 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 street; 1. 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. 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 13 of 14 KiMnnmg Depi I qk Apptiatu n%W1 S?ul iWt - 17 11 Sin& l amdy M%cthng C11D prldi. DATED this 511, day of October, 2015. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho .sl • Trent Wright, Chairman ATTEST: Sharon K. Bergmann, Eagle City st 104611 OF E4 VORj a �i �' V SEAL 1p •••; •., OF t �,,,,• Page 14 of 14 IPU'Lnning IkptlLaSk Applica16)aAC(A2t1MCV - f1T 15 Sui& Family Dwdmg CBD pddnc