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Findings - CC - 2022 - CU-10-22 - Conditional Use Permit For A Building Height Exception And Waiver Of Required Lot Coverage BEFORE THE EAGLE CITY COUNCIL 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 City Council for their consideration on October 11, 2022, at which time public testimony was taken. The Council directed the applicant to work with City staff to prepare a fiscal impact analysis associated with the project and continued the public hearing to November 9, 2022, at which time additional 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: 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. Notice of Public Hearing on the applications 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 September 22, 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 23, 2022. The site was posted in accordance with the Eagle City Code on September 30,2022. 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). Page 1 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building ccf docx E. COMPANION APPLICATIONS:None. 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. Page 2 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building cadocx J. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site .96-acres 500-square feet Percentage of Site Devoted to 34% 95%(maximum) Building 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)** * 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 Page 3 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-IO-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building ccfdocx 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. 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. Page 4 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building ccf docx 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: 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. 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 • Issda00al.WW 1:101 larra `' r ern yAfi.Kl.?. • x '� aftign. I • 1 • OfLct Usts .1. ii 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. Page 5 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building ccf docx • 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; 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; Page 6 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building ccfdocx 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. 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. Page 7 of 12 K:\Planning Dept\F.agle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aene Mixed Use Building ccf docx 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. 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 Page 8 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aene Mixed Use Building ccfdocx 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 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. Page 9 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aene Mixed Use Building ccfdocx 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. 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 site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated September 19,2022. PUBLIC HEARING OF THE COUNCIL(Public Hearing AudioNideo Record) October 11,2022, https://eagle id.granicus.com/player/clip/1623?view_id=1&redirect=true&h=683b2de8ee0eb90065e4749e b36cbe86, November 9,2022, https://eagleid.granicus.com/nlayer/clip/1642?v iew_id=l&redirect=true&h=f14617a46f90d9b040deaea57 415e7e2: A. A public hearing on the application came before the Eagle City Council for their consideration on October 11, 2022,at which time public hearing was taken. The Council directed the applicant to work with City staff to prepare a fiscal impact analysis associated with the project and continued the public hearing to November 9, 2022, at which time additional public testimony was taken and the public hearing was closed. The Council made their decision at that time. Page 10 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building ccfdocx B. Oral testimony in favor of the application was presented to the City Council by three (3) individuals (not including the applicant/representative)who indicated that a property of this size with the proposed use would support economic development of the downtown. Also, it would be nice to see this area of the downtown finally being developed. C. Oral testimony in opposition to the application was presented to the City Council by four(4)individuals who indicated the following concerns: • The proposed height is not appropriate for the site. • The building is too close to the street and will crowd the sidewalk. • The proposed architecture is not compatible with other buildings located within the downtown area. • The parking demand associated with the proposed building will have a negative impact on the area. D. Oral testimony neither in favor of nor in opposition to the applications was presented to the City Council by five(5)individuals who indicated the following: • The downtown area is great area for economic development, however, the four(4) story building will not be compatible with other buildings within the downtown area. • The comprehensive plan does not require an allowance for a height exception. • The building should contain retail and office uses. The building should be limited to three (3) stories. • They do not want a glass and metal corridor along State Street. • The parking for Rembrandts should not be allowed as a consideration. • They support the proposed architecture, however, this location is the wrong place since Eagle is known for its quaint,historic,and vintage buildings. • The Council needs to preserve the small town feel of the downtown area. If the Council approves the proposed building it should be at it a smaller scale. COUNCIL DECISION: The Council voted 3 to 1 (Pike against)to deny CU-10-22 for a conditional use permit for a conditional use permit for a height exception and waiver of required lot coverage for North 45 Investments,LLC. CONCLUSIONS OF LAW: 1. The Council 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: B. The proposed building height exception is not harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan since the proposed use is located within the Four Corners sub-area identified in the Downtown area of the Comprehensive Plan.As proposed,the residential density exceeds 20 dwelling unit/acre.Although the Four Corners sub-area identifies that high density residential may occur in the area, Policy 6.17.5 (B) of the Comprehensive Plan, indicates the Four Corners sub-area may have less residential uses than other portions of the Olde Towne sub-area located within the Downtown area; C. Based on the proposed height of the building, the proposed building in not harmonious with the single-story buildings located near the site; Page 11 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-10-22 The Aerie Mixed Use Building eel docx D. The proposed uses will be hazardous or disturbing to existing or future neighborhood uses, since the residential density of the building is much higher than the existing residential densities located near the site. DATED this 22"d day of November, 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho ason fierce,Mayor ATTEST: C,l ..... 't % ac E.Os agQclerhI ? ! : v •.v �.t,`: p •.• \:*. *.�����S�?%. •%%Page 12 of 12 K:\Planning Dept\Eagle Applications\CU\2022\CU-10-22 The Aerie Mixed Use Building\Findings\CU-I0-22 The Aerie Mixed Use Building ccfdocx