Findings - CC - 2015 - CU-11-15 - Waiver To Reduce Front/Rear Setbacks/The Preserve #5BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A SETBACK WAIVER FOR LOTS 29 -35,
BLOCK 11, THE PRESERVE SUBDIVISION
NO. 5 FOR COLEMAN HOMES, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -11 -15
The above - entitled conditional use permit application came before the Eagle City Council for their action
on December 15, 2015, at which time public testimony was taken and the public hearing was closed. 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:
Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is
requesting conditional use permit approval for a waiver to reduce the front and rear setbacks on
Lots 29 -35, Block 11, The Preserve Subdivision No. 5. The Preserve Planned Unit Development is
generally located 650 -feet west of Linder Road and north of State Highway 44.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) located at 660 East Civic
Lane, Eagle, at 6:00 PM, Tuesday, September 15, 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 September 24, 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 October 26, 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 October 21, 2015. The site was posted
in accordance with the Eagle City Code on November 5, 2015. Requests for agencies' reviews
were transmitted on October 2, 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
November 30, 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 November 25, 2015. The site was posted in
accordance with the Eagle City Code on December 4, 2015.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 24, 2006, the City Council approved an annexation and rezone from RR (Rural
Residential -Ada County Designation) to R- 2 -DA -P (Residential - two units per acre with a
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development agreement — planned unit development), R- 4 -DA -P (Residential - four units per acre
with a development agreement — Planned Unit Development) and MU -DA -P (Mixed Use — with a
development agreement -- Planned Unit Development), conditional use, preliminary development
plan, preliminary plat, and vacation of right -of -way approvals for Eaglefield Estates Planned Unit
Development for this site. The Development Agreement (Inst. #106057136) associated with RZ-
17-04 and planned unit development findings of fact and conclusions of law for the
aforementioned applications are incorporated herein by reference (A -11 -041 RZ- 17- 04 /CU -10-
04/PPUD- 3- 04/PP- 9- 04NAC- 2 -04).
On August 8, 2006, the Eagle City Council approved the common area Iandscaping and clubhouse
within Eaglefield Subdivision (DR- 66 -06).
On August 9, 2011, the City Council approved a rezone from R- 3 -DA -P (Residential up to three
units per acre with a development agreement — PUD) and R- 2 -DA -P (Residential up to two unit
per acre with a development agreement — PUD) to R- 4 -DA -P (Residential up to four units per acre
with a development agreement — PUD) and R- 3 -DA -P (Residential up to three units per acre with
a development agreement — PUD) and a modification to the development agreement by amending
and restating the original development agreement (recorded as Instrument No. 106057136) and
development agreement modification (recorded as Instrument No. I09031309), for Coleman
Homes, LLC (RZ- 0I -11).
On August 9, 2011, the City Council approved a conditional use, preliminary development plan,
and preliminary plat for The Preserve Planned Unit Development for Coleman Homes, LLC (CU-
01- 11/PPUD- 01 -11, and PP- 01 -11).
On January 14, 2015, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 5 for The Preserve, LLC (FPUD -03 -15 & FP- 03 -15).
On October 27, 2015, The Preserve Subdivision No. 5 final plat was recorded at the Ada County
Recorder's office.
F, COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site consists of seven (7) vacant residential lots located within The Preserve Subdivision No.
5. The subject lots are located adjacent to the Middleton Canal.
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Residential Two
R- 3 -DA -P (Residential with
The Preserve Subdivision
a development agreement —
No. 5
PUD)
Proposed
No Change
No Change
No Change
North of site
Residential Two
R- 3 -DA -P (Residential with
The Preserve Subdivision
a development agreement —
No. 5
PUD)
South of site
Residential Two
R- 4 -DA -P (Residential with
The Preserve Subdivision
a development agreement —
No. 4
PUD)
East of site
Residential Two
R- 2 -DA -P (Residential with
Northstar Charter School
a development agreement —
PUD)
West of site
Residential Two
R- 3 -DA -P (Residential with
The Preserve Subdivision
a development agreement —
No. 5
PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site consists of seven (7) vacant residential lots located within The Preserve Subdivision No.
5. The subject lots are located adjacent to the Middleton Canal.
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SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
NIA
NIA
Percentage of Site Devoted to Building
Coverage
No Change
40% (maximum)
Percentage of Site Devoted to
Landscaping
NIA
NIA
Number of Parking Spaces
NIA
NIA
Front Setback
25 -feet
30 -feet
Rear Setback
20 -feet
25 -feet
Side Setback
No Change
7.5 -feet (5 -feet additional per
story)
Side Setback
No Change
7.5 -feet (5 -feet additional per
story)
J. STREET DESIGN:
West Saguaro Drive is constructed with a 50 -foot wide right -of -way that consists of a 36 -foot wide
travel way (measured back of curb to back of curb) with two (2), 16 -foot wide travel lanes and
seven -foot (7') wide landscape strips adjacent to each side of road. The planter strips are a total
eight -feet (8') in width with one -foot (P) located outside of the road right -of -way. There is also a
five -foot (5') wide sidewalk adjacent to the planter strips and outside of the road right -of -way.
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The lots will have single- family dwellings constructed on them in the future.
Height and Number of Stories of Proposed Buildings:
Pursuant to Eagle City Code Section 8 -24 the future dwellings will not be permitted to exceed 35-
feet in height.
Gross Floor Area of Proposed Buildings: Unknown
On and Off -Site Circulation:
Each residential lot is fronted to a public street and will be served by a driveway.
L. PUBLIC SERVICES AVAILABLE:
The site is served with potable water from the City of Eagle Municipal Water Service. Sewer
service is provided by Eagle Sewer District. The lots are fronted by West Saguaro Drive (public
street).
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
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O. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat —no
Floodplain — no
Mature Trees — no
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
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
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 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;
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E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and 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
1. 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.
0
C.
COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
* Eagle City Code Section 8 -2 -4: Schedule of Building Height and Lot Area Regulations:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
District Height Front Rear Side Side J* H* Width I*
R -3 35' 30' 25' 7.5' 20' 40% j 10,000 75'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT APPROVALS WHICH
ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL:
15. Dimensional standards within the Property (except for Eaglefield Estates Subdivision No. 1
[BIocks 1 -6] and Eaglefield Estates Subdivision No. 2 [Block I]) shall be as follows:
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Interior
Street
Zone
Coverage
Min. Lot
Frontage
Front
Rear
Side*
Side
Width
Size
7.5 ft.
R -3
40%
10,000 ft.
35 ft.
30 ft.
25 ft.
151
20 ft.
75 ft.
+5 ft
2nd
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D. 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.
E. DISCUSSION:
Pursuant to Idaho Code Section §67- 6512(0 exceptions or waivers of standards, other than
use, inclusive of the subject matter addressed by Idaho Code Section §67 -6516, in a zoning
ordinance may be permitted through issuance of a special use permit (conditional use permit).
The applicant has submitted a conditional use permit application requesting approval of a
reduction of the front and rear setbacks on Lots 29 -35, Block 11, The Preserve Subdivision
No. 5. The applicant is requesting the front setback be reduced from 30 -feet to 25 -feet and the
rear setback be reduced from 25 -feet to 20 -feet.
The applicant provided a narrative, date stamped by the City on September 24, 2015, which
indicated that the Iots were required to be reduced in size due to grading and construction
requirements imposed by the Middleton Mill Irrigation Association. The irrigation association
required the canal to be widened which resulted in the need for additional area for the 25 -foot
easement measured from the top of bank. As a result of the canal widening the subject lots
were reduced in depth. The requested reduction of setbacks is based on the reduction of lot
depth.
Based on the previously mentioned street design (see "J. STREET DESIGN" above) one foot
(P) of the planter strip and the detached five foot (5') wide sidewalk are located within the
lots. If the requested front yard setback were to be approved at 25 -feet the area located
between the front of the garage and the back of sidewalk would be 19 -feet in length. If a
vehicle were to be parked on the driveway in front of the garage it would more than likely
overhang the sidewalk. Pursuant to Eagle City Code Section 8- 24(G) all front loaded garages
shall be set back a minimum of 25 -feet from the back of sidewalk. Staff recommends the
following setbacks apply for Lots 29 -35, Block 11, The Preserve Subdivision No.5:
Front: 25 -feet (living area and side -entry garage)
30 -feet (front load garage)
Rear: 20 -feet
Side: 7.5 -feet (5 -feet additional per story)
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the following site
specific conditions of approval and standard conditions of approval provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 16, 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 opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission. By
no one (other than the applicant/representative).
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• Based upon the lots being reduced in size due to grading and construction requirements imposed by
the Middleton Mill Irrigation Association, the request for the reduction of setbacks is appropriate.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of CU -11 -I5 for a conditional use permit for a
waiver of the front and rear setbacks for Lots 29 -35, Block 11, The Preserve Subdivision No. 5 for
Coleman Homes, LLC, with the site specific conditions of approval and standard conditions of approval as
provided within their findings of fact and conclusions of law document, dated December 7, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 15, 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 the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU -11 -15 for a conditional use permit for a waiver of the front and
rear setbacks for Lots 29 -35, Block 11, The Preserve Subdivision No. 5 for Coleman Homes, LLC, with
the following Planning and Zoning Commission recommended site specific conditions of approval and
standard conditions of approval with underline text to be added by the Council and strike through text to
be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. 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.
2. The following setbacks shall apply for Lots 29 -35, Block 11, The Preserve Subdivision No.5:
Front: 2326 -feet
feet (&B Ht 1Bad c--•--go
Rear: 24115 -feet
Side: 7.5 -feet (5 -feet additional per story)
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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STANDARD CONDITIONS OF APPROVAL:
The applicant shall comply with all requirements of the Ada County Highway District and /or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources shall be submitted to the City prior to issuance of any building permits
or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on -site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
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, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, 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 prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
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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 used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation 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.
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.
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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
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.
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CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use (CU -11-
15) in terms of Eagle City Code Section 8- 7 -3 -2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Section 8 -2 -3 of this title (Eagle City
Code Title 8) for the zoning district involved since pursuant to Idaho Code Section §67- 65120
exceptions or waivers of standards (reduction in setback), other than use, inclusive of the subject
matter addressed by Idaho Code Section §67 -6516, in a zoning ordinance may be permitted
through the issuance 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 Eagle City Code. Also, pursuant to Idaho Code
Section §67- 6512(f) exceptions or waivers of standards may be approved through the issuance of a
conditional use permit;
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 this phase of the subdivision is a new phase
and there are other phases within the development that allow for similar setbacks;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the area
surrounding the subject property is not developed (with the exception of lots contained within the
same development);
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 since the required
infrastructure has been provided with this phase and previous phases of the development;
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 development was
previously approved and is constructed pursuant to the approved plans;
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 is a residential development and
the construction of the phase is complete;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares as approved by the ACHD since ACHD has
accepted the streets associated with the subject phase;
1. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since the development was constructed pursuant to the approved plans.
4. Pursuant to Eagle City Code 8 -7 -3 -5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
Page 12 of 13
K Tlanniq DgnTagle App[icniionalC11I015C11.11.15 Colemn Homes cef doc
DATED this 1211, day of January, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
da County, Idaho
ames D. Reynolds, M or
••'� PGLE•.. * �''•.
all PTA `••.•
:0
:4e
ATTEST: •�'•.':'9•.
*,r,. STP",
Sharon K. Bergmann, Eagle City C erk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
Page 13 of 13
K.lplmtning DcptWA& App1icatiom1CUU0151CV -11 -15 Colaw Home ccfdoc