Findings - PZ - 2016 - CU-06-16 - Cup To Reduce Side Yard Setback On Lot 2, Blk 2/1.09 Acre/1343 N. Ballantyne LaneBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
A SIDE SETBACK WAIVER FOR
LOT 2, BLOCK 2, WITHIN SCOTCH
SUBDIVISION FOR BUTCH & IDA DENNEY
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -06-16
The above -entitled conditional use permit application came before the Eagle PIanning and Zoning
Commission for their recommendation on July 5, 2016, at which time public testimony was taken and the
public hearing was closed. The 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:
Butch and Ida Denney, represented by Cyrus McCrory with Artisan Construction and Remodel,
Inc., are requesting conditional use permit approval for a waiver to reduce the side yard setback on
Lot 2, Block 2, from 20 -feet to 10 -feet within Scotch Subdivision. The 1.09 -acre site is located on
the west side of North Ballantyne Lane approximately 330 -feet north of the intersection of West
Floating Feather Road and North Ballantyne Lane at 1343 North Ballantyne Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, on Monday, April 18, 2016, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 21, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle PIanning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on June 13, 2016. 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 June 8, 2016. The site was posted in accordance
with the Eagle City Code on June 23, 2016- Requests for agencies' reviews were transmitted on
April 22, 2016, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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overlayR-E
COMP PLAN
_0
141.4 DI
ZONING
■, Acres
DESIGNATION
DESIGNATION
Percentage of Site Devoted to Building
Residential Estates
15% (maximum)
Single Family Residential
Devoted
Dwelling
North of site
Residential Estates
R -E (Residential Estates)
Single Family Resident—ial
92 -feet (approx.)
Rear Setback (house)
Dwelling
—Single
South of site
Residential Estates
R -E (Residential Estates)
Family Residential
i
20 -feet
Dwelling
East of site
Residential Estates
R -E (Residential Estates)
Single Family Residential
! - : fi:
(Residential Estates)
11 PAMMMIMMM
G DESIGN REVIEW OVERLAY DISTRICT: The site is not in the DDA, TDA, CEDA, or DSD
H. EXISTING SITE CHARACTERISTICS:
The site consists of one (1) residential dwelling unit d on Lot 2, Block
111111�! L l;u: #
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PROPOSED
_0
141.4 DI
Total of
■, Acres
--------------------------------
Percentage of Site Devoted to Building
7.6% (approx.)
15% (maximum)
Coverage
(entire■-
Devoted
Front Setback .
-
i
-feet (minimum)(accessory
structure)
92 -feet (approx.)
Rear Setback (house)
217 -feet
30 -feet (minimum)
(accessory structure)
186 -feet
i
20 -feet
Setback120-feet
p.
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One (1) RV storage building.
Height and Number of Stories of Proposed Buildings: 20 -feet, single story.
Gross Floor Area of Proposed Buildings: 576 -square feet.
On and Off -Site Circulation: The site is fronted by a public collector street and is served by a
driveway.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Fire Department. The site is serviced by an individual well and septic
system.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes, Iocated adjacent to the southern boundary line
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — yes, irrigation ditch on the South and West sides of property
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC: None received to date.
R. EAGLE CITY CODE SECTION 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;
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• EagIe City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
G. All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
• Eagle City Code, Section 8-2-4(A)(5): Setback Reductions:
Upon the submittal of the waiver application and findings adopted by the zoning
administrator addressing compliance with the following criteria, accessory structures may be
permitted to be located within a minimum of 15 -feet of the rear property line:
a. Be compatible with the scale and design of the structures and overall existing
development pattern of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources;
d. Not impair sight distances on public or private roads; and
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Minimum
Lot Area
Maximum Lot
(Acres Or
Minimum
Zoning Maximum Interior Street Covered F
Square Feet)
Lot
District Height Front !Rear' Side Side And J*
H*
Width I*
...
R -E 35' 50' 30' 20' 35' 15%
1.8 Acres
100'
G. All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
• Eagle City Code, Section 8-2-4(A)(5): Setback Reductions:
Upon the submittal of the waiver application and findings adopted by the zoning
administrator addressing compliance with the following criteria, accessory structures may be
permitted to be located within a minimum of 15 -feet of the rear property line:
a. Be compatible with the scale and design of the structures and overall existing
development pattern of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources;
d. Not impair sight distances on public or private roads; and
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K U'lanning DeptUE aSIL ApplecatkinsICUI:IIIMCU 1K-16 ticlhxk Waiver lknncy a;Q'.4x %
If authorized, the waiver may only be granted for the minimum amount necessary to
achieve the stated purpose of the waiver sought.
The applicant shall provide written approval of the setback reduction from all adjoining
property owners at the time of application submittal. If written approval cannot be
obtained, then the city shall notify the adjoining property owners and inform them in
writing about the applicant's setback reduction. The adjoining property owners shall have
10 calendar days from the decision date to appeal. In the event of a denial, the applicant
shall be allowed to appeal the zoning administrator's decision. If no appeal is submitted,
the decision is final.
• 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 PIan 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 Fre 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.
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• Eagle City Code, Section 8-7-3-5: Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Idaho Code Section 67-65I2(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.
D. DISCUSSION:
Pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards, other than
use, inclusive of the subject matter addressed by Idaho Code Section §67-6516, 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 side
yard setback waiver to reduce the south side setback for a proposed accessory structure from
20 -feet to 10 -feet. The applicant indicated within the provided narrative, date stamped by the
City on April 21, 2016, that their intention is to construct an accessory structure to house
recreational vehicles.
• Pursuant to Eagle City Code Section 8-2-4(A)(5), upon the submittal of the waiver
application and findings adopted by the zoning administrator addressing compliance with the
following criteria, accessory structures may be permitted to be located within a minimum of
15 -feet of the rear property line:
a. Be compatible with the scale and design of the structures and overall existing
development pattern of the surrounding area;
b. Not impair reasonable or appropriate use of adjoining properties;
c. Not result in greater impacts on natural resources;
d. Not impair sight distances on public or private roads; and
e. If authorized, the waiver may only be granted for the minimum amount necessary to
achieve the stated purpose of the waiver sought.
f. The applicant shall provide written approval of the setback reduction from all adjoining
property owners at the time of application submittal. If written approval cannot be
obtained, then the city shall notify the adjoining property owners and inform them in
writing about the applicant's setback reduction. The adjoining property owners shall have
10 calendar days from the decision date to appeal. In the event of a denial, the applicant
shall be allowed to appeal the zoning administrators decision. If no appeal is submitted,
the decision is final.
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Eagle City Code Section 8-2-4(A)(5) addresses accessory structures located within the rear
yard setback, however, it does not specifically address accessory structures located within the
side yard setback. As a result, the applicant is pursuing a conditional use permit for a waiver
to reduce the side yard setback (as described above).
• 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 Idaho Code Section §67--
6512(f), which states that 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 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);
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
because an RV storage structure will be unlikely to cause long term harm to the
character of the area and will likely generate better aesthetics than leaving the RVs
uncontained;
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, well and septic, 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.
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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the 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 July 5,
2016, 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 one (1) individual (representing two (2) parties) who indicated the following concerns:
• The CC&Rs require a greater side yard setback than what is being proposed.
• The Eagle City Code regarding conditional use permits may not be in compliance with the State of
Idaho statutes regarding utilizing a conditional use permit for waivers.
• This application could set a precedent that could lead to more neighbors violating the setback
requirements or the subdivision.
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: (Granicus time 00:20:29)
Upon closing the public hearing, the Commission discussed during deliberation that:
• Future setback violations were unlikely to occur without the same rigorous process to gain
conditional use permit approval.
• Based upon testimony received, the side setback reduction proposal is not only inconsistent with the
setbacks typically required by the city, but also may be inconsistent with the requirements set forth in
the subdivision CC&Rs.
• It appears from aerial images that the property to the North of the site has existing structures closer to
the property line than the CC&Rs would allow.
COMMISSION DECISION:
The Commission voted 3 to 0 (Koellisch and Smith absent) to recommend approval of CU -06-16 for a
conditional use permit for a side yard setback waiver for Butch and Ida Denney, with the following staff
recommended site specific conditions of approval and standard conditions of approval with underlined text
to be added by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A side yard (South) setback reduction to 10mfeet is approved for the proposed accessory structure (RV
Storage Facility) only. All other structures on the property shall comply in all respects to Eagle City
Code.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project prior to the issuance of a certificate of occupancy and/or upon receipt of an invoice by the
City, whichever occurs first.
3. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to commencing construction of a structure on the site (ECC 8-7-2[A]).
4. The proposed accesso structure shall comply with applicable provisions within the subdivision's
CC&Rs.
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.
STANDARD CONDITIONS OF APPROVAL:
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I . 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.
5. 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, Iighting, 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
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entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City
Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights
used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining
property.
12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire
Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the
City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The
letter shall include the following comments and minimum requirements, and any other items of concern
as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and
the City Engineer 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
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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.
27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the
event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of
approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide
written acknowledgment to the City accepting the terms of the transferred conditional use permit within
sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the
conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be
declared void after notice and public hearing before the city council.
Page 11 of 1
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU -
06 -16) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has
concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved since, pursuant to Idaho Code Section §67-6512(f),
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 Eagle Comprehensive Plan and/or this title (Eagle City Code Title 8), since there
are no inconsistencies with the Eagle 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;
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, well and septic, 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 since the infrastructure is
already in place to serve the single-family dwelling unit;
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 since the site is served by an existing driveway;
and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since none are apparent on the site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing
a binding precedent to grant other conditional use permits.
Page 12 of 13
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DATED this 18th day of July, 2016.
*F THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
Bergmann, Eagle
Regulatory Taking Notice: Applicant has the right, pursuant to
regulatory taking analysis
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Page 13 of 13
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Idaho Code, to request a