Findings - PZ - 2022 - CU-10-22 - The Aerie Mixed Use Building - Conditional Use Permit For A Building Height Exception And Waiver Of Required Lot Coverage For North 45 Investments, Llc BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A BUILDING HEIGHT EXCEPTION AND )
WAIVER OF REQUIRED LOT COVERAGE )
FOR NORTH 45 INVESTMENS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-10-22
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on September 6, 2022, at which time public testimony was taken
and the public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken
oral and written testimony, and having duly considered the matter, makes the following Findings of Fact
and Conclusions of Law:
FINDINGS OF FACT:
A. PROJECT SUMMARY:
North 45 Investments, LLC, represented by Walter Lindgren with Lindgren:LaBrie Architecture,
is requesting conditional use permit approval for a building height exception to 54-feet, 6-inches
and a waiver of required lot coverage. The request is in association with a proposed four(4) story
mixed use building. The .96-acre site is located on the east side of South Olde Park Place between
West State Street and West Aikens Road at 45 and 75 West State Street and 64 and 96 South Olde
Park Place.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Rembrandts(Restaurant), 93 South Eagle Road at 6:00 PM,
on Wednesday,April 27,2022,in compliance with the application submittal requirement of Eagle
City Code.The application for this item was received by the City of Eagle on June 21,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on June 22, 2022, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65,Idaho Code and the Eagle City Code on August 12,2022.Notice of this public hearing
was mailed to property owners in accordance with the requirements of Title 67,Chapter 65,Idaho
Code and Eagle City Code on August 17, 2022. The site was posted in accordance with the Eagle
City Code August 26,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 11, 2007, the City Council approved a height exception for a 58-foot high mixed-
use building and 58-foot high parking garage for the Eagle Colonnade project(CU-14-07).
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Downtown CBD(Central Business Vacant parcels
District)
Proposed No Change No Change Mixed use building
(inclusive of residential)
North of site Downtown CBD(Central Business Jacksons fuel service and
District) convenience store
South of site Downtown R-4(Residential) Single-family residential
home
East of site Downtown CBD(Central Business Vacant parcel and restaurant
District)
•
West of site Downtown CBD(Central Business Drugstore and single-family
District)and R-4 residences
(Residential)
G. DESIGN REVIEW OVERLAY DISTRICT: The site is located within the Downtown
Development Area(DDA).
H. URBAN RENEWAL DISTRICT: Yes
EXISTING SITE CHARACTERISTICS:
The site consists of vacant lots (a portion of Lot 3, and Lots 4-6, Block 1) and a portion of the
vacated alley associated with Aikens Second Addition to Eagle.
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site .96-acres 500-square feet
Percentage of Site Devoted to Building 34% 95%(maximum)
Coverage 40%(minimum)
Percentage of Site Devoted to 10% 10%(minimum)
Landscaping
Number of Parking Spaces 98-spaces 69-spaces(minimum)
Front Setback 12-feet* 10-feet(minimum)**
Rear Setback 3-feet 0-feet(minimum)
Side Setback 11-feet 0-feet
Street Side Setback 20-feet* 10-feet(minimum)**
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* Measured from back of sidewalk.
**Measured from back-of-curb
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) mixed use building inclusive of commercial and parking on the first floor and residential
uses on the second,third and fourth floors.
Height and Number of Stories of Proposed Buildings:
The mixed use building is proposed to be four (4) stories with a maximum height of 54-feet, 6-
inches.
Gross Floor Area of Proposed Buildings: 65,000-square feet
On and Off-Site Circulation:
The Site/Ground Level Plan, date stamped by the City on June 21, 2022, shows two (2) access
points. The west access point to South Olde Park Place is located approximately 140-feet south of
the intersection of West State Street and South Olde Park Place. The south access point to West
Aikens Street is located approximately 140-feet west of the intersection of South Eagle Road and
West Aikens Street.
L. PUBLIC SERVICES AVAILABLE:
The site is served by Veolia Water of Idaho,Eagle Sewer District, and the Eagle Fire Department.
M. PUBLIC USES PROPOSED:None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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: 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
Eagle Fire Department
Eagle Sewer District
R. LETTERS FROM THE PUBLIC: None received to date.
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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;
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 PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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
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Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development
including natural vegetation and restoration,regional trails,and connectivity.
6.17 Downtown Eagle Planning Area
6.17.3 Olde Town Planning Area
Z. Encourage the use of terraced(stepped back)vertical mixed-use buildings that allow for office,
commercial, retail, and residential within a single building while reducing/avoiding a
monolithic building wall along the street and sidewalk plane(See Figure 6.26).
Figure 6.26: Examples of Terraced Building Design
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
A parking lot/parking garage requires a conditional use permit within the CBD (Central
Business District)zoning district.
• 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.
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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;
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.
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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.
C. Downtown Development Area: DDA shown on exhibit A-1 within the EASD book.
1. Purpose: To provide a compact downtown business center supported by the
comprehensive goals of the city.
2. Architectural Character:
a. Height: Height of buildings is restricted to a maximum height of forty feet (40').
To the extent the height requirements herein conflict with section 8-2-4 of this
chapter,the height requirements herein shall control.
b. Ground Floor Requirements: The ground floor(street level)of new buildings shall
accommodate pedestrian friendly elements. The design should accommodate a
variety of potential uses that may not be contemplated at the time of construction.
Examples include: specialty retail, grocery, drugstore, shoe repair, dry cleaning,
florist shop, department store, hardware store, other personal services, restaurant
or theater or financial services or a parking garage. Any use must meet the
requirements set forth in section 8-2-3 of this chapter.
c. Other Floor Options:The design should accommodate the ground floor uses as listed
in subsection C2b of this section including residential use. Any use must meet the
requirements set forth in section 8-2-3 of this chapter except that apartments on
floors other than the ground floor shall be a permitted use.For the purposes of this
section a single apartment unit or multiple apartment units may be permitted.
d. Orientation:Shall be designed so that at least seventy percent(70%)of the building's
ground level, street facing facades are constructed to abut and be oriented to a
public sidewalk or plaza.
e. Accessibility: Shall be visually and physically accessible to the pedestrian at the
sidewalk or plaza level.
f. Facade: All buildings shall include a"storefront" on the ground floor consisting of
a minimum of fifty percent(50%) glass. Floors above the main floor shall have a
minimum of twenty five percent (25%) glass. The front of any building is the
facade that fronts upon any street.
g. Exterior Surfaces: The exterior vertical surface of a building shall be designed to
minimize the environmental impacts such as glare,reflected heat, and wind. High
quality nonreflective architectural materials are particularly encouraged.
h. Building Entries: Building entries facing a street shall be recessed a minimum of
four feet(4').Exceptions may be permitted if another building entry design feature
can meet the intent of this requirement and is approved by the design review board
and city council.
i. Detailing: Architectural detailing shall be an important consideration for design
approval. Attention to detail in architectural elements shall include, but is not
limited to,walls,pilasters,parapets,cornices,columns,windows,doors,awnings,
exterior lighting, ledges,eaves, colors and materials.
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j. Horizontal Lines: Parapets shall be used to vary long horizontal lines exceeding
fifty feet(50').
k. Other: Such other nonconflicting architectural detailing,materials and colors as set
forth in this article,including the examples set forth in the EASD book.
3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements
set forth below conflict with section 8-2-4 of this chapter, the setback requirements
below shall control:
a. Front building setbacks from the property line shall be a minimum of zero feet(0')
to a maximum of ten feet(10').
b. Side building setbacks shall be zero feet(0') so as to tie into adjoining structures.
c. Structures shall not have a continuous face(s)longer than ninety feet(90')inclusive
of adjoining structures.
d. When a building is located at the intersection of two(2)streets,the distance between
the face of the building and the back of curb shall be a minimum of ten feet(10')
to preserve adequate sight visibility.
e. 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.
f. Lot coverage by the footprint of the structure shall be a minimum of forty percent
(40%)and a maximum of ninety five percent(95%)in which case off site parking
shall be provided for.The lot coverage requirement may be waived if development
of the lot as a parking lot is reviewed by the design review board and is approved
by the council. Furthermore, the minimum lot coverage requirement may be
reduced by the council for the purpose of providing adequate onsite parking in
accordance with the provisions of this title for structures that include residential
uses on floors other than the ground floor.
• Eagle City Code Section 8-7-3-1: Purpose and Interpretation of Conditional Use:
C. Exceptions or waivers of standards within Title 8 or Title 9,other than use,inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3"Variances"may be permitted
through issuance of a conditional use permit.
C. DISCUSSION:
• The building elevations, date stamped by the City on June 21, 2022, show the highest part of
the building to be 54-feet,6-inches,in height. The highest portions of the building will consist
of an architectural tower element located at the northeast corner of the building and the screen
wall associated with the mechanical units. The remaining portions of the building will be
approximately 51-feet, in height. The proposed 4-story design will consist of commercial and
parking within the first floor area with 3-stories of residential uses above the commercial and
parking area.
• The building is located within the Olde Town Planning Area of the Downtown Eagle Planning
Area as identified within the comprehensive plan. One of the policies of the Olde Town
Planning Area is the use of terraced(stepped back)vertical mixed-use buildings that allow for
office, commercial, retail, and residential within a single building while reducing/avoiding a
monolithic building wall along the street and sidewalk plane. The building elevations and
associated landscaping will be subject to design review approval. The fourth floor of the
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building should be designed to be terraced from the remaining portion of building to avoid the
appearance of a monolithic plane. The applicant should also be required to provide revised
building elevations showing the fourth floor to be terraced back from the third floor. The
revised elevations should be reviewed and approved by the Design Review Board and City
Council prior to the issuance of a zoning certificate.
• The applicant is proposing an 11-foot side setback along the east property line. Pursuant to
Eagle City Code Section 8-2A-6(C)(3)(b)a side setback of 0-feet is required to allow a building
to tie into an adjoining structure. Staff will defer to the Council regarding the side yard setback
associated with the east property line of the site.
• As proposed,the building lot coverage is 34%of the overall site. Pursuant to Eagle City Code
Section 8-2A-6(C)(3)(f) lot coverage by the footprint of the structure shall be a minimum of
forty percent(40%)and a maximum of ninety five percent(95%)in which case off site parking
shall be provided for. The lot coverage requirement may be waived if development of the lot
as a parking lot is reviewed by the design review board and is approved by the council.
Furthermore, the minimum lot coverage requirement may be reduced by the council for the
purpose of providing adequate onsite parking in accordance with the provisions of this title for
structures that include residential uses on floors other than the ground floor. The site consists
of seven (7) parcels. Portions of the parking lot associated with the proposed building are
located on separate parcels. Pursuant to Eagle City Code Section 8-2-3, a parking lot/parking
garage requires approval of a conditional use permit. To address both the lot coverage and the
parking lot the applicant should be required to submit a lot line adjustment application to
combine the seven (7)parcels into a single parcel. The lot line adjustment application should
be reviewed and approved by the Zoning Administrator and City Engineer prior to recordation.
The applicant should provide a copy of the recorded lot line adjustment prior to the 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 is approved staff
recommends the site specific conditions of approval and standard conditions of approval provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 6, 2022, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(not including the applicant/representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by two(2)individuals who indicated concerns with the following:
• The city of Eagle is losing its character and charm due to the taller buildings being constructed.
• Based on the size of the proposed building the site in not large enough to provide enough parking.
• Due to the proposed height of the building,it should be located on the south side of State Highway
44.
• The building is too tall for downtown, and the design does not fit Eagle.
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COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Based on a concern with the proposed architecture,they anticipate the Design Review Board will ensure
the building is designed to be in conformance with one of the architectural styles required by the city.
• They have a concern if the proposed parking is adequate for the size of the building and proposed uses.
• They have a concern with the functionality of the surrounding streets.
COMMISSION DECISION:
The Commission voted 3 to 1 (McCauley against,McLaughlin absent)to recommend approval of CU-10-
22 for a conditional use permit for a height exception and waiver of required lot coverage for North 45
Investments,LLC,with the following staff recommended site specific conditions of approval and standard
conditions of approval with underline text to be added by Commission and strike through text to be deleted
by the Commission:
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 zoning certificate and/or upon receipt of an invoice by
the City,whichever occurs first.
2. The maximum height of the building shall not exceed 54-feet, 6-inches.
3. Provide revised building elevations showing the fourth floor to be terraced back from the third floor.
The revised elevations shall be reviewed and approved by the Design Review Board and City Council
prior to the issuance of a zoning certificate.
4. The applicant shall submit a lot line adjustment application to the extent required for the proposed
mixed-use development(building,required parking,and landscaping,etc.)to be situated on one parcel;
any remaining parcels shall be in conformance with Eagle City Code. The lot line adjustment
application shall be reviewed and approved by the Zoning Administrator and City Engineer prior to
recordation.The applicant shall provide a copy of the recorded lot line adjustment prior to the issuance
of a zoning certificate. (ECC 8-2-3 and 8-2A-6[C][f])
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])
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.
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.
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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 surety shall be submitted to the City Clerk, prior
to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall
be so graded that all runoff runs either over the curb,or to the drainage easement, and no runoff shall
cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure,or canal,or drain,for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company,ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including,but not limited to,landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light-fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
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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, subdivider, business owner, homeowner, or
homeowner's/business owner's association,whichever the case may be.
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 Parks and Pathways Development Commission for a path
or walkway shall be approved in writing by the Eagle City Parks and Pathways Development
Commission 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
floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy,whichever occurs first.
19. Basements in the flood plain are prohibited.
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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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use(CU-
10-22)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 Eagle City Code Section 8-7-3-1,which
states that exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of
the subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" 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), since there are no
inconsistencies with the Comprehensive Plan and since a building height exception and waiver of
required maximum lot coverage is permitted with the approval of a conditional use permit within
the CBD (Central Business District) zoning district and the Comprehensive Plan designates this
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site as Downtown;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area because the proposed mixed use building will be
located within the downtown area that has commercial uses located adjacent to the site. Also,the
design and architecture of the proposed mixed use building is required to be reviewed and approved
by the Design Review Board and City Council prior to construction;
D. Will not be hazardous or disturbing to existing or future neighborhood uses,since the site is located
downtown and is surrounded by commercial uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and fire
protection, drainage structures,refuse disposal,water 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. All central services are available to the site. Also,the site is bordered by three(3) streets
with access provided from two (2) streets. The building plans will need to be reviewed and
approved by the Eagle Fire Department prior to the issuance of a building permit;
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 site will be served
with central sewer from the Eagle Sewer District and public water from the Veolia Water of Idaho
system. Fire protection will be provided by the Eagle Fire Department and fire hydrants will be
provided where required;
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 ACHD 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 the ACHD; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since there are no scenic or historic features of major importance on the site.
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.
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DATED this 19t day of September,2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman
ATTEST:
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Tracy E. • .ern, Eagle City Clerk : O;
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