Findings - PZ - 2022 - CU-15-22 - Banbury Subdivision No 6 - Conditional Use Permit For A Waiver Of Eagle City Code Section 8-3-3(B)(2) For Gary W. Brookshier BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A WAIVER OF EAGLE CITY CODE SECTION )
8-3-3(B)(2)FOR GARY W.BROOKSHIER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-15-22
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on November 21, 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:
Gary Brookshier is requesting conditional use permit approval for a waiver of Eagle City Code
Section 8-3-3(B)(2) to permit the installation of a decorative concrete fence/wall adjacent to an
arterial street. The 1.18-acre site is located on the northeast corner of the intersection of West
Chinden Boulevard and South Locust Grove Road at 1557 West Hempstead Drive(Lot 14, Block
8, Banbury Subdivision No.6).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, on September 29, 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 October 6,2022.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on October 17, 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 November 3, 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 November 4,2022.The site was posted in accordance with
the Eagle City Code on November 11, 2022.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 1993,the City Council approved the final plat for Banbury Subdivision No.6.
E. COMPANION APPLICATIONS:None.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot R-1-P(Residential—PUD) Single-family home
Proposed No change No change No change
North of sire Large Lot R-1-P(Residential—PUD) Single-family home
South of site Mixed Use Community C-C(Community business Agriculture
(Meridian district—City of Meridian
Comprehensive Plan) designation)
East of site Large Lot R-1-P(Residential—PUD) Single-family home
West of site Large Lot R-1-P(Residential—PUD) Single-family home
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site consists of an existing single-family home and mature landscaping.
. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.18-acres 0.85-acres(37,000 square
feet)
Percentage of Site Devoted to Building 7% (approximately) 35%(maximum)
Coverage
Percentage of Site Devoted to N/A N/A
Landscaping
Number of Parking Spaces 6-spaces(including 4 2-spaces(including 1
covered) covered)
Front Setback No change 30-feet(minimum)
Rear Setback No change 30-feet(minimum)
Interior Side Setback No change 15-feet(minimum)
Street Side Setback No change 30-feet(minimum)
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J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The purpose of this application is to waive a section of Eagle City Code. There are no proposed
changes to the use, nor any new buildings proposed.
Height and Number of Stories of Proposed Buildings:
There are no proposed buildings within this application.
Gross Floor Area of Proposed Buildings:
There are no proposed buildings within this application.
On and Off-Site Circulation:
Access to the property is from an existing 20-foot wide(approximately)driveway which provides
access to West Hempstead Drive.
K. PUBLIC SERVICES AVAILABLE:
The property is currently served by an individual septic system and Veolia Water of Idaho.
L. PUBLIC USES PROPOSED:None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion—no
Fish Habitat—no
Floodplain—no
Mature Trees—yes,along the southern property line and in proximity to the existing dwelling.
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded, and their correspondence is attached to the staff report.
Eagle Sewer District
Eagle Fire Department
Idaho Transportation Department
Q. LETTERS FROM THE PUBLIC:None received to date.
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R. 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.
S. EAGLE CITY CODE 8-7-3-1 PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
C. Exceptions or waivers of standards within Title 8 or 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 the issuance of a conditional use permit.
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:
The Comprehensive Plan Land Use Map(adopted November 14, 2017), designates this site as the
following:
Large Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land
uses in this category will tend to appear as suburban large lot and generally less agrarian than the
Estate Residential and Agricultural/Rural designations.
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The Comprehensive Plan Existing Roadway System Map (adopted November 14, 2017),
designates Chinden Boulevard as the following:
Principal Arterial
Primarily provides for access from one part of the community to another and also provides for the
movement of vehicles through the community.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-3-3: Supplemental Yard and Height Regulations:
B. Fences:
2. New fencing located adjacent to any street identified as a collector or arterial on the
master street map typologies map in the Eagle comprehensive plan, and on the street
side of all corner lots, shall be an open fencing style such as wrought iron or other
similar see through, decorative, durable fencing material, except as otherwise may be
permitted in subsection 8-2A-7(J)of this title.Any wooden fence that existed prior to
the effective date hereof, may be rebuilt upon the fence's original footprint provided
the fence has a picture frame appearance as shown in the EASD book.
C. DISCUSSION:
• The applicant is seeking conditional use permit approval to waive Eagle City Code Section 8-
3-3(B)(2)which states in part that new fencing adjacent to arterial streets shall be open style.
Due to the increased traffic volume on the adjacent Chinden Boulevard(identified as an arterial
street), the applicant would like to construct a decorative concrete fence/wall to mitigate the
noise produced by the increased traffic volume.As the fence/wall is proposed to be adjacent to
Chinden Boulevard(an arterial street),a waiver of 8-3-3(B)(2)would be required to permit the
construction of the fence/wall.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date,if City Council approves the applicant's request for a
waiver of Eagle City Code Section 8-3-3(B)(2), then staff recommends the site specific conditions of
approval and standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record):
https://eagle-id.granicus.com/player/clip/1653?meta id=76012
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 21, 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
one(1) individual(not including the applicant/representative)who indicated the following:
• Care should be taken to ensure that all new fences/walls adjacent to West Chinden Boulevard are
of one style to promote design harmony.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning
and Zoning Commission by three(3)individuals who indicated the following:
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• Care should be taken to ensure that all new fences/walls adjacent to West Chinden Boulevard are
of one style to promote design harmony.
• The proposed height of the wall is not great enough to appropriately mitigate roadway noise and a
larger barrier may be required.
• The roadway improvements to the adjacent section of West Chinden Boulevard have decreased the
efficacy of the berm to mitigate roadway noise.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The increased number of trips on West Chinden Boulevard has resulted in an increased level of noise
and the construction of a sound barrier is warranted in this location.
• Care should be taken to ensure that there is one contiguous style of fencing along the roadway frontage.
COMMISSION DECISION:
The Commission voted 3 to 0 (Guerber, McCauley absent) to recommend approval of CU-15-22 for a
conditional use permit for a waiver of Eagle City Code Section 8-3-3(B)(2)to permit the construction of a
decorative concrete fence/wall adjacent to an arterial street, with the following staff recommended site
specific conditions of approval and standard conditions of approval with underline text to be added by the
Commission and strikethrough text to be deleted by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A fence permit is required prior to construction.
2. The proposed fence shall not be constructed within any part of the 10-foot wide irrigation and utility
easement as annotated on the plat of Banbury Subdivision No.6.
3. The applicant shall submit a Design Review application to be approved by the Design Review Board
and City Council prior to the issuance of a fence permit.
4. The applicant shall provide a letter from the Banbury Subdivision's Architectural Control Committee
approving the proposed fence/wall upon the submittal of a fence 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.
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
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furnish the City Engineer with a letter from the sewer entity serving the property,accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage;or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site.Drainage system plans shall
be submitted to the City Engineer for review and approval prior to issuance of any building permits or
Certificate of Occupancy,whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.Construction
of the storm drain disposal system shall be complete before an occupancy permit is issued.
8. No ditch,pipe or other structure,or canal,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. Streetlight 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
streetlights 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 streetlight inspection fees prior to Certificate of Occupancy.
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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.
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.
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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-
15-22)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 (C),
which states 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), (as shown within
the findings provided within this document);
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;
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f
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;
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 applicant is not
proposing any new development beyond the decorative concrete wall. The entire project will be
privately funded by the applicant;
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 as conditioned herein;
H. The property has an existing driveway from Hempstead Drive,which is designed to not create an
interference with traffic on surrounding public thoroughfares as approved by Ada County Highway
District and any future driveway access points will require the approval of Ada County Highway
District; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance, since none are apparent on the site and since the applicant is not proposing to remove
any trees.
2. In accordance with Eagle City Code Section 8-7-3-1(C), the Commission concludes that a waiver of
Eagle City Code Section 8-3-3(B)to permit a concrete wall adjacent to an arterial street is appropriate
for noise mitigation since the Banbury Subdivision was constructed prior to the city code-requirement
for a minimum 10-foot tall berm in the same location.
3. 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 5th day of December 2022.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada nty,Idaho
Trent Wright. Chairm n
lE * '•.
ATTEST: :czP•••• T E ••.••
cd
Tracy E. Os , age City Clerk A.'
*
s.alaaallaa,,,,s
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