Findings - CC - 2022 - CU-03-18 MOD - Conditional Use Permit Modification For A Building Height Exception BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT MODIFICATION )
FOR A BUILDING HEIGHT EXCEPTION FOR )
AMS HOSPITALITY )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-18 MOD
The above-entitled conditional use permit application came before the Eagle City Council for their action
on May 10, 2022, 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:
AMS Hospitality,represented by Johnny Hilfiker,is requesting approval of a conditional use permit
modification for a building height exception to 54-feet. The request is in association with a
proposed four(4) story hotel. The 4.36-acre site is located within the Molinari Park development
at the southwest corner of East Plaza Drive and South Palmetto Avenue.
B. APPLICATION SUBMITTAL:
An online virtual Neighborhood Meeting was held at 7:00 PM, on Wednesday, March 2, 2022. A
Neighborhood Meeting was held at Lindgren Labrie Architecture office at 247 North Eagle Road,
Eagle, Idaho, at 6:00 PM, on Wednesday March 16, 2022, in compliance with the application
submittal requirement of Eagle City Code. The application for this item was received by the City
of Eagle on March 16,2022.Revised building elevations were provided to the City on May 4,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on April 5, 2022, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
City Counxil was published in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on April 21, 2022. Notice of this public hearing was mailed to
property owners of the subject property in accordance with the requirements of Title 67, Chapter
65, Idaho Code and Eagle City Code on April 22, 2022.The site was posted in accordance with the
Eagle City Code on April 29, 2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 25,2019,the Eagle City Council approved a rezone from CBD(Central Business District)
to CBD-DA-P (Central Business District with a development agreement— PUD), conditional use
permit,preliminary development plan,and preliminary plat for Molinari Park Subdivision(RZ-07-
18/CU-03-18/PPUD-02-18/PP-06-18).
On December 8,2020,the Eagle City Council denied a design review application for a subdivision
entry monument sign for Molinari Park Subdivision(DR-53-20).
On December 9, 2020, the Eagle City Council approved a preliminary plat extension of time for
Molinari Park Subdivision(EXT-16-20).
Page 1 of 14
K:\Planning Dept\Fagle Applications\CU\2018\CU-03-I8 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf.docx
On January 12,2021,the Eagle City Council approved a design review application for the common
area landscaping within Molinari Park Subdivision(DR-18-20).
On February 12,2021,the Eagle City Council approved a final development plan and final plat for
Molinari Park Subdivision No. 1, a 41-lot (34-buildable, 7-common), mixed use subdivision
(FPUD-04-20 & FP-04-20).
On February 8, 2022, the Eagle City Council approved a design review application for 17
townhome buildings(91-units)within Molinari Park Subdivision No. 1 (DR-60-21).
E. COMPANION APPLICATIONS: None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown, Scenic CBD-DA-P(Central Vacant parcel
Corridor,and Business District with a
Public/Semi-Public development agreement—
PUD)
Proposed No Change No Change Hotel
North of site Downtown, Scenic CBD(Central Business East Plaza Drive and a
Corridor District) storage facility
South of site Mixed Use, Scenic C-3-DA(Highway Business State Highway 44 and
Corridor,and District with a development Eagle River Development
Public/Semi-public agreement)and MU-DA
(Mixed Use with a
development agreement)
East of site Downtown, Scenic CBD(Central Business South Palmetto Avenue,
Corridor, and District)and MU (Mixed vacant parcel and
Public/Semi-public Use) commercial subdivision
(Merrill Subdivision No. 2)
West of site Downtown, Scenic and CBD-DA-P(Central Vacant parcel(Proposed
Corridor, and Business District with a multi-family dwellings
Public/Semi-public development agreement— within proposed Molinari
PUD) Park Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located in the Community Entry Development Area(CEDA).
H. URBAN RENEWAL DISTRICT: Yes.
EXISTING SITE CHARACTERISTICS:
The site currently consists of a vacant parcel which will be a part of the future Molinari Park
Subdivision.
Page 2 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-IS MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf.docx
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 4.35-acres 500-square feet(minimum)
Percentage of Site Devoted to Building 20%(inclusive of hotel and 20%(minimum)to 85%
Coverage restaurant) (maximum)
Percentage of Site Devoted to 15% 10%(minimum)
Landscaping
Number of Parking Spaces 187-spaces 172-spaces
Front Setback 96-feet 20-feet(maximum)
Rear Setback 55-feet 20-feet(maximum)
Side Setback 74-feet 10-feet(minimum)
Side Setback 122-feet 10-feet(minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Two(2)buildings inclusive of a hotel and a restaurant.
Height and Number of Stories of Proposed Buildings:
The hotel is proposed to be four(4) stories with a maximum height of 54-feet.
Gross Floor Area of Proposed Buildings:
Hotel— 100,500-square feet
Restaurant—5,000-square feet
On and Off-Site Circulation:
The Overall Site Plan,date stamped by the City on March 16,2022, shows the site will be accessed
from South Palmetto Avenue approximately 200-feet south of the intersection of East Plaza Drive
and South Palmetto Avenue.
L. PARKING ANALYSIS:
Total parking spaces shown on Overall Site Plan,date stamped by the City on March 16,2022.
Combined Total for Tenant Area(based on hotel and restaurant uses)
Total: 138—131-sleeping rooms, 14-employee on-site parking spaces(shown on Overall
Concept Plan)
Combined Required Total for Hotel use.
Hotel— 131-rooms = 131 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space for each sleeping room
Page 3 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-I8 MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf docx
Employee Parking— 1 parking space for each two employees = 7 parking space
Eagle City Code Section 8-4-5 requires 1 parking space for each two employees (as shown, the
provided parking will allow for 14 employees).
Required Total for Restaurant use.
Restaurant Area— 1/150 square-feet 5,000/150 square-feet =34 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 150-square-feet of gross floor
area for"Restaurants, dining rooms,taverns,nightclubs, etc."uses:
Total: =49 parking spaces(shown on Overall Concept Plan)
M. PUBLIC SERVICES AVAILABLE:
The site is served by Veolia Water (formerly known as Suez Water), Eagle Sewer District, and
Eagle Fire Department.
N. PUBLIC USES PROPOSED: None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. 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
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required
R. 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
Eagle Fire Department
Eagle Sewer District
S. LETTERS FROM THE PUBLIC: None.
T. 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);
Page 4 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-I8 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf docx
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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map(adopted November 15, 2017), designates this site as the
following:
Downtown
Suitable primarily for development that accommodates and encourages further expansion and
renewal in the downtown core.A variety of business, public,quasi-public, cultural, ancillary
residential and other related uses are encouraged. The greatest possible concentration of retail
sales and business is to occur in this land use designation. Pedestrian friendly uses and
developments are encouraged. Residential only development should be discouraged. Land within
this district is the only place to utilize the CBD zoning designation. Other zones within
Downtown Eagle may include Mixed Use, Residential, Commercial,and Professional Office.
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the City. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls. This designation includes the
Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration,regional trails,and connectivity.
Public/Semi-Public
Suitable primarily for the development of such uses as golf courses, parks, recreation facilities,
greenways, schools, cemeteries, and public service facilities such as government offices. Support
activities may also be permitted.
Page 5 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-18 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf.docx
All development within this land use is encouraged to be designed to accommodate the different
needs, interests,and age levels of residents in matters concerning both recreation and civil
activities.
The public/semi-public land use designation is not a residential land use designation. When a
project or development is designed that contains or is adjacent to land holding a public/semi-
public land use,this land will not be included when calculating the allowable residential density.
Projects that hold a residential designation that want to provide or dedicate amenities similar to
those allowed in the public/semi-public designation may transfer unused density from these areas
to other areas within the development,as approved by the City Council through the Planned Unit
Development process as defined in the comprehensive plan.
B. 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:
Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum
District Height Side Side Lot Lot Area Lot
Covered (Acres Or Width I*
Sq. Ft.)G
And H*
CBD 35' 0' 0' 0' 0' 92% 500 25'
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations:
A. General Objectives And Considerations: The following apply to the entire Design Review
Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements
for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this
section and,to the extent there is a conflict with this section,the requirements for the DDA,
TDA,CEDA,and DSDA shall control.The following, including the provisions set forth in
the Eagle Architecture and Site Design Book, contains a listing of objectives applied to
each application, and a listing of matters which shall be considered by the Design Review
Board. The objectives are separated into two(2)sections: site design and building design.
Specific aspects of design should be examined to determine whether the proposed
development will provide a desirable environment for its occupants as well as for its
neighbors,and whether,aesthetically,the composition,materials,textures and colors meet
the intent of this article. The design review board shall consider the following criteria in
reviewing the application:
1. Site Design Objectives:The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular,pedestrian and
bicycle traffic patterns;
d. The arrangement and adequacy of off street parking facilities relative to access
points, building location and total site development to prevent traffic conflict or
congestion;
Page 6 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-18 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf docx
k. The protection of views and vistas in relation to urban design and aesthetic
considerations; and
1. The provision of safe pedestrian and bicycle connections between neighborhoods
and commercial areas.
6. Building Design:
a. Building Mass: The mass of the building shall be reviewed for its relationship with
existing development in the immediate surrounding area and with the allowed use
proposed by the applicant;
b. Proportion Of Building: The height to width relationship of new structures shall be
compatible and consistent with the architectural character of the area and proposed
use;
c. Relationship Of Openings In The Buildings: Openings in the building shall provide
interest through the use of such features as balconies, bays, porches, covered
entries, overhead structures, awnings, changes in building facade and roofline
alignment,to provide shadow relief. Avoid monotonous flat planes;
d. Relationship Of Exterior Materials: The design review board shall determine the
appropriateness of materials as they relate to building mass, shadow relief, and
existing area development. Use of color to provide blending of materials with the
surrounding area and building use, and the functional appropriateness of the
proposed building design as it relates to the proposed use shall be considered;and
e. Allowed Architectural Styles: The architecture styles provided in the EASD book
are approved examples for applicants to follow when designing for Eagle
architecture.
B. Architectural Requirements, Building Materials, Fence And Deck/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not
listed in this section it shall be upon the discretion of the zoning administrator,the design
review board, and the city council, whichever the case may be, to determine the
appropriateness of such material.
6. Architectural appurtenance and building height restrictions:
a. All buildings,spires,poles,antennas,steeples,towers,and any other such structures
shall be limited to a maximum height of forty feet(40')within the DDA and TDA
and thirty-five feet(35') in all other locations. Additional height may be permitted
if a conditional use permit is approved by the City Council.
E. Community Entry Development Area:CEDA shown on exhibit A-1 within the EASD book.
1. Purpose: To provide a sense of entry into the city and transition development into the
central business district in support of the comprehensive plan.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of thirty-five feet
(35').
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.
Page 7 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-I8 MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf docx
a. Front building setbacks from the property line shall be twenty feet(20')
minimum.
b. Side building setbacks shall be ten feet(10')minimum.
c. Front and street side setbacks shall be for pedestrian amenities and the city
encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment,seating,flowers/shrubs/all tree displays in
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent
(20%)and a maximum of eighty five percent(85%) in which case off site parking
shall be provided for.
• Eagle City Code Section 8-4-5: Schedule of Parking Requirements:
Hotel,motels 1 for each sleeping room, plus 1 for each 2 employees
Restaurants,dining 1 per 150 square feet of gross floor area; plus 1 per 35 square
rooms,taverns, feet dance floor
nightclubs,etc.
C. CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
9. The maximum building height of the structures shall be as follows:
• Townhomes—35-feet(3-stories)
• Multi-family—45-feet(4-stories)
• Mixed Use— 45-feet(3-stories)
• Commercial — In the event the applicant desires a height exception for a commercial
building in the future, the applicant shall submit a conditional use permit modification
application to be reviewed and approved by the City Council. The conditional use permit
modification for a height exception shall be approved by the City Council prior to a design
review application for the proposed building being considered by the Design Review
Board.
D. DISCUSSION:
• The building elevations,date stamped by the City on March 16,2022,show the highest portion
of the building to be 53-feet, 8-inches, in height. As stated in the applicant's narrative, date
stamped by the City on March 16, 2022, "The proposed 4-story design allows for a much
smaller footprint on the site and thus more landscape and view corridors to the surrounding
mountains. Further, the proposed height is in keeping with other surrounding buildings in the
immediate vicinity including the Homewood Suites hotel directly to the south measuring 58-
feet to the top of its sloped roof, the Pet IQ building to the southwest at 59-feet, and the
proposed multi-family buildings within Molinari Park to the west at 45-feet." If the Council
chooses to approved the conditional use permit for the height exception,the maximum height
of the building should be rounded up to 54-feet to allow flexibility in the event the actual height
of the building exceeds 53-feet, 8-inches by a few inches.
Page 8 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-18 MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf.docx
• The building elevations and associated landscaping will be subject to design review approval.
As part of the conditional use permit modification the owner will be required to show how the
building is proposed to 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 The applicant has
submitted elevations,date stamped by the City on March 16,2022,which do not show how the
building will be designed to be harmonious and appropriate in appearance with the existing
character of the area.The applicant should submit a design review application for the proposed
building and site landscaping (as required pursuant to Eagle City Code) showing how the
building will be harmonious and appropriate in appearance with the existing and intended
character of the area. The design should be in conformance with the Eagle Architecture and
Site Design book. The applicant should comply with all conditions required by the Design
Review Board and City Council prior to issuance of a zoning certificate.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the conditional use permit modification is approved
staff recommends the site specific conditions of approval and standard conditions of approval provided
within the staff report.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 10, 2022, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 1 (Gindlesperger against)to approve CU-03-18 MOD for a conditional use permit
modification for a height exception for AMS Hospitality, with the following staff recommended site
specific conditions of approval and standard conditions of approval with text shown with underline to be
added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall comply with the all applicable conditions of RZ-07-18 and the executed
development agreement(Instrument#2020-085643).
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 and/or upon receipt of an
invoice by the City,whichever occurs first.
3. The maximum height of the building shall not exceed 54-feet.
4. The applicant shall submit a design review application for the proposed building and site landscaping
(as required pursuant to Eagle City Code)showing how the building will be harmonious and appropriate
in appearance with the existing and intended character of the area. The design shall be in conformance
with the Eagle Architecture and Site Design book. The applicant shall comply with all conditions
required by the Design Review Board and City Council prior to issuance of a zoning certificate.
5. 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]).
6. Submit building plans to the Eagle Fire Department for review and approval. An approval letter from
the Eagle Fire Department shall be submitted to the City prior to issuance of a building permit.
Page 9 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-18 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf docx
7. The applicant shall provide a 50-foot-wide buffer area adjacent to State Highway 44. The buffer area
shall contain a 3-foot-high berm with landscaping that exceeds the minimum landscaping requirements
pursuant to Eagle City Code 8-2A-7(K). The landscaping plan shall be reviewed and approved by the
Design Review Board and City Council prior to the issuance of a zoning certificate.
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:
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 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 and 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
Page 10 of 14
K\Planning Dept\Eagle Applications\CU\2018\CU-03-I8 MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf.docx
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.
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 issuance of any 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 be 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.
Page 11 of 14
K\Planning Dept\Eagle Applications\CU\2018\CU-03-18 MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf.docx
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.
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.
Page 12 of 14
K:\Planning Dept\Eagle Applications\CU\20I8\CU-03-18 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf docx
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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of the proposed conditional use(CU-03-
18 MOD)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 a building height exception may be permitted
in the CBD-DA-P(Central Business District with a development agreement—PUD)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 a building height exception is permitted
with the approval of a conditional use permit with the CBD-DA-P(Central Business District with
a development agreement—PUD) zoning district and the Comprehensive Plan designates this site
as Downtown. The property is located within the Plaza Area of the Downtown plan. The General
Guide to Plaza Land Use Mixture identifies Mixed Development/Employment buildings may be 3-
4 stories. The proposed hotel is 4-stories in height;
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 applicant is required herein to submit a
design review application which shows how the building will be harmonious and appropriate in
appearance with the existing and intended character of the area. The applicant is also required
herein to provide a landscaped buffer area between the proposed use and State Highway 44. The
landscaped buffer area is required herein to exceed the City's minimum landscape buffer
requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses,since the site is located
within a mixed use development where commercial uses were approved within this area and the
property is bordered by two (2) collectors (East Plaza Drive, South Palmetto Avenue) and a
principal arterial(State Highway 44);
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 the documentation provided from said agencies and as required as a
part of the conditions of approval;
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 because the entire project
will be privately funded by the applicant and all public facilities are available for the project;
Page 13 of 14
K:\Planning Dept\Eagle Applications\CU\2018\CU-03-18 MOD Residence Inn\CU-03-18 MOD Marriott Residence Inn ccf.docx
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 transportation system has been
found to be adequate by Ada County Highway District and since the development is not expected
to generate any 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 as approved by Ada County Highway District;
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 at this site.
2. 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 24th day of May 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Ja 'ierce,Mayor
,,,•,.,a n..,,,,,
ATTEST: ;'%PGI;.....,•*�••'•.,•
oe
- O 0 / y :Q -
- a .
e
Tracy E. o , Eagle City Cl r 0 I wT ':0
Page 14 of 14
K:\Planning Dept\Eagle Applications\CU\20I8\CU-03-18 MOD Residence Inn\CU-03-I8 MOD Marriott Residence Inn ccf.docx
9E
tic s,• Vt.
1r
•
•
S �r4