Findings - CC - 2015 - CU-07-15 - Construct 8 Single Family Units Within Cbd/.49 Acre/348 E Idaho StreetBEFORE THE EAGLE CITY COUNCIL
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 -07 -15
The above - entitled conditional use permit application came before the Eagle City Council for their action
on October 27, 2015. The Eagle City Council, having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
October 5, 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 September 30, 2015. The site was posted in
accordance with the Eagle City Code on October 12, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 12, 1994, the Eagle City Council approved a lot spilt for Steve Kioukis (LS- 00 -94).
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 Transitional Development Area (TDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site consists of two (2) vacant lots.
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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
R -4 (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 is located within the Transitional Development Area (TDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site consists of two (2) vacant lots.
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I. 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 [ 1 ]
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 (minimum)
*Note: Required lot coverage and setbacks when located within the TDA.
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 located 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
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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 Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Ada County Highway District
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 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;
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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 allowed 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 -1 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.
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3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set
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 shall be a minimum of ten feet (10') to a
maximum of twenty five feet (25').
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 shall include tree grates and tree wells as depicted
on the tree well and tree grate exhibit within the EASD book. Root barriers shall be
required to limit 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 located 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 shall 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.
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• Eagle City Code Section 8 -4 -5 Schedule of Parking Requirements:
Single - family dwelling (lots less than 15,000 square feet) 2 including 1 covered
• 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.
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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.
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 living 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
dwellings 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 will not change the essential character of the same area since the single - family
dwelling units are surrounded by other lots containing single - family dwellings;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
subject parcel is surrounded by subdivision lots containing single - family 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
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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 the applicant
is proposing a residential use similar to what currently exists in the area;
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;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since there are no scenic or historic features of major importance on the
site.
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 line should remain.
• There should be adequate landscaping on the north side and the east corner 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 2nd 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 site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document, dated
October 5, 2015.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 27, 2015, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -07 -15 for a conditional use permit for single - family dwelling
units located within the Central Business District for Paradigm Construction, LLC, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Single - family dwelling is the only use approved with this conditional use permit.
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.
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
shall be reviewed and approved prior to the issuance of a zoning certificate.
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 land or
parcel of land used for residential purposes. All lights 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:
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.
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5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right -of -way for any ditch, pipe or other structure, or canal, or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation
entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right -of -way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. 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.
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The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single - family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non - residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the 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.
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KAPlanning DeptNEagle Applications\CUA201 ACU -07 -15 Single Family Dwelling CBD cefdoc
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. The Council 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;
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KAPlanning Dept\Eagle ApplicationAM2015 \CU -07 -1 S Single Family Dwelling CBD cddoc
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;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site.
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 l 01h day of November, 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
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Ada County, Idaho
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es D. Reynolds, ayo
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ATTEST:
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Sharon K. Bergmann, Eagle City Clerk
Ofalls
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis.
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K APlanning Dept\Eagle ApplicationsTM201 STU -07 -15 Single Family Dwelling CBD cddoc