Findings - CC - 2022 - CU-12-22 - Conditional Use Permit For A Height Exception And A Public Service Facility BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A HEIGHT EXCEPTION AND )
A PUBLIC SERVICE FACILITY )
FOR VEOLIA WATER IDAHO INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-12-22
The above-entitled conditional use permit application came before the Eagle City Council for their approval
on October 25, 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:
Veolia Water Idaho Inc., represented by J-U-B Engineers, is requesting conditional use permit
approval for a height exception to construct a forty foot(40')tall water metering pole(aka public
service facility) with an eight foot (8') antenna for a total height of 48 feet. The 0.18-acre site is
located on the east side of North Eagle Road approximately %2 mile north of State Street at 600
North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM,on Thursday June 9,2022, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received
by the City of Eagle on July 27,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on August 9, 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 September 1, 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 September 1,2022.The site was posted in accordance with
the Eagle City Code on September 7,2022.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 7,
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 October 7, 2022. The
site was posted in accordance with the Eagle City Code on October 13,2022.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On September 12, 1989, the Eagle City Council approved the Riverstone Townhomes PUD plat,
with a permanent easement for Eagle Water Company over the entirety of the subject parcel.
E. COMPANION APPLICATIONS:NA
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Public/Semi-Public R-9(Residential 9 Water pump house
units/acre)
Proposed No Change No Change Water metering antenna
North of site MU(Mixed Use) R-9(Residential 9 Residential(Riverstone
units/acre)-9 Townhomes)
South of site MU(Mixed Use) MU-DA(Mixed Use with a Residential(Mercy
Development Agreement) Housing)
East of site MU(Mixed Use) R-9(Residential 9 Residential(Riverstone
units/acre) Townhomes)
West of site MU(Mixed Use) R-4(Residential 4 Eagle United Methodist
untits/acre) Church
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA,CEDA, or DSDA.
H. URBAN RENEWAL DISTRICT:Not in the Urban Renewal District
I. EXISTING SITE CHARACTERISTICS: The site currently has a pump house for Veolia Water
located on site as well as a small storage shed.
J. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 7,840 square feet 1,600 square feet
Percentage of Site Devoted to Additional NA—No additional NA
Building Coverage buildings are being proposed
Front Setback Approximately 80 feet 20 feet minimum
Rear Setback 12 feet 15 feet minimum
Side Setback Approximately 20 feet 5 feet minimum
M. PUBLIC SERVICES AVAILABLE: The site is served by Veolia Water Idaho,Eagle Fire District,
and Idaho Power.No sewer is required at this time.
N. PUBLIC USES PROPOSED:
The site is proposed as a public service facility for Veolia Water, to install a 40 foot tall wooden
pole with an attached eight foot(8')antenna(total height of 48')to help remotely read water meters
within the City.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—One tree with a 30 in. DBH is located on the southeast corner of the property and
is proposed to be retained.
Riparian Vegetation—no
Steep Slopes—The south side of the property has a 20-30% slope.
Stream/Creek—no
Unique Animal Life—no
Unique Plant Life—no
Unstable Soils—no
Wildlife Habitat—no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
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:
On September 19, 2022, an email in opposition to the application was submitted by Margaret
Misner with concerns regarding the aesthetic of the tower.
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);
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
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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 AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None)
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 8-1-2: RULES AND DEFINITIONS:
PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or
maintenance of buildings, power plants or substations, water treatment plants or pumping
stations, sewage disposal or pumping plants and other similar public services structures by a
public utility,by a railroad whether publicly owned or privately owned, or by a municipal or
other governmental agency, including the furnishing of electrical, gas, rail transport,
communication,public water and sewage services.
• 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
Land Uses Districts
A A-R R-E R L-O GA C-1 C-2 C-3 CBD M-1 BP M-2 M-3 PS MU
Government building,offices - P PPP P PP P
Library C C P P P P F
Museum C C PPP P P C
Park and recreation facilities C C C C CCC P F C
ng lot.parking garage. P P P P P P
a.ernment
Portable classroom C o C C - F
Public service facilities CCCCC - _ C _ _ = C
School.public or private C C C C _ C
• 8-2A-6: DESIGN REQUIREMENTS, OBJECTIVES AND CONSIDERATIONS:
(B)6. Architectural appurtenance and building height restrictions:
8a. 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.
• 8-3-3: SUPPLEMENTAL YARD AND HEIGHT REGULATIONS:
E. Additional Height Regulations: All buildings and appurtenances usually required to be
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placed above the roof level, spires,belfries,poles,cupolas,antennas,water tanks,ventilators,
chimneys, steeples,towers,and any other such structures shall comply with the height
limitations contained in section 8-2-4 of this title.Additional height may be permitted if a
conditional use permit is approved by the city council.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
A. Purpose: It is recognized that an increasing number of new kinds of uses are appearing
daily,and that many of these and some other more conventional uses possess
characteristics of such unique and special nature relative to location,design, size,
method of operation,circulation and public facilities that each specific use must be
considered individually.
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.
• 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 for
the zoning district involved,or section 8-7-3-1 (C)of this chapter,or as may otherwise
be established by this title;
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;
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 neighboring uses;
E. Will be served adequately by essential public facilities and services 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 shall be so 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 agricultural lands or any natural open
space, scenic, cultural,or historic feature of major importance without adequate
mitigation as determined by the city council.
C. DISCUSSION:
• Per Eagle City Code,public service facilities are allowed within the R-9 zone with a
conditional use permit.
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• The wooden metering pole will be 40 feet tall with an additional 8 feet antenna on top for a
total of 48 feet.
• Per ECC 8-3-3 and 8-7-3-1, additional height may be approved through the issuance of a
conditional use permit.
• Public utility poles are not considered structures and therefore may be located within
setbacks and/or public utility easement areas.
• The site was selected because it is back significantly from the road and the pole will be
partially shielded from view by the existing vegetation.
• The site is not currently,nor will the improvements require the site to be staffed.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 19, 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 no one.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed the application and made their decision at that
time. The minutes are incorporated herein by reference
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-12-22 for a conditional use permit for a height
exception and public service facility use for Veolia Water Idaho Inc., with the site-specific conditions of
approval and standard conditions of approval provided within their findings of fact and conclusions of law
document,dated October 3, 2022.
PUBLIC HEARING OF THE COUNICL:
A. A public hearing on the application was held before the Eagle City Council on October 25, 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 favor of the application was presented to the Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to the application was presented to the Council by one individual with
concerns regarding whether the tower should be considered a personal wireless facility.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-12-22 for a conditional use permit for a height exception and
public service facility use for Veolia Water Idaho Inc.,with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval,with underlined text
to be added by the Council.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. 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 zoning certificate and/or upon receipt of an
invoice by the City, whichever occurs first.
2. The applicant shall submit a design review application, including a landscape and maintenance
plan,to the City for review and approval prior to any site work.
3. Per Eagle City Code 8-3-5(S)(4)(f),the pole shall be impregnated with a rot resistant substance.
4. All power to the site shall be installed underground.
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 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
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by an organized irrigation district,canal company,ditch association, drainage district, drainage entity,
or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such
obstruction, rerouting, covering or changing has first been approved in writing by the entity. A
Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the
existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure
any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such written approval and certification shall be
filed with the construction drawing and submitted to the City Engineer prior to the City Engineer
signing the final plat.
9. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,or drain,
used for irrigation water or irrigation waste water without the express written approval of the organized
irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation
entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit
a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the
City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light-fixtures, conduit and wiring lying outside any dedicated public
right-of-way,prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, 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,
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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.
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
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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 City Council reviewed the particular facts and circumstances of the proposed conditional use(CU-
12-22)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 8-2-3, which
states that public service facilities are conditionally permitted in all zones,and Eagle City Code 8-
2A-6(B)6 which states that 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;
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;
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 an easement was identified on the lot for
central water infrastructure on the Riverstone Townhomes plat. Also, the applicant will submit a
design review application prior to issuance of any building permits for the lot;
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the site is
surrounded by existing trees,which will help shield the view from the adjacent properties and the
public right-of-way;
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,thought not required for the use,and there are
no proposed changes to the vehicular access;
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 use does not require,
sewer or water service,does not increase the population,and fire protection will be provided by the
Eagle Fire Department;
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 site is not proposed to be staffed
nor is it expected to generate any noise,smoke, fumes,glare or odors;
H. Will have no changes to vehicular approaches to the property; 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.
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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 9th day of November 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
JIson fierce,Mayor
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K.\Planning Dept\Eagle Applications\CU\2022\CU-I2-22 Advanced Metering Infrastructure(AMI)Pole\working files\CU-12-22 AMI Pole ccf.docx