Findings - PZ - 2018 - CU-10-17 - Conditional Use/Height Exception For A Holtel Building In Eagle River DevelopmentBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A HOTEL )
USE AND A HEIGHT EXCEPTION FOR A )
HOTEL BUILDING WITHIN EAGLE RIVER )
DEVELOPMENT FOR EAGLE RIVER )
HOTEL II, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -10-17
The above -entitled conditional use application came before the Eagle Planning and Zoning Commission
for their recommendation on December 18, 2017, at which time public testimony was taken and the public
hearing was closed. The Commission made their recommendation at that time. 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:
Eagle River Hotel II, LLC, represented by Tamara Thompson with The Land Group, Inc., is
requesting conditional use permit approval for a four (4) story hotel including a height exception to
59 -feet. The 2.86 -acre site is located on Lots 14-16, Block 3, Mixed Use Subdivision No. 5, on the
north side of East Riverside Drive on the northwest corner of East Riverside Drive and South
Palmetto Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Hilton Garden Inn, 145 East Riverside Drive, Eagle, at
6:00 PM, Wednesday, August 2, 2017, in compliance with the application submittal requirement
of Eagle City Code. The applications for this item was received by the City of Eagle on September
21, 2017.
C. NOTICE OF PUBLIC HEARING:
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 October 14, 2017. Notice of this public hearing was mailed to property owners
within three -hundred -feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on October 16, 2017. The site was posted
in accordance with the Eagle City Code on October 17, 2017. Requests for agencies' reviews were
transmitted on September 25, 2017, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2017, the Lot Line Adjustment to adjust the original lot lines between Lots 14-18,
Block 3, Mixed Use Subdivision No. 5, was approved by the Zoning Administrator (LLA -12-17).
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G.
H.
I.
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Mixed Use MU -DA (Mixed Use with a
development agreement)
Proposed No Change
North of site Downtown
South of site Mixed Use
East of site Downtown
No Change
CBD (Central Business
District)
MU -DA (Mixed Use with a
development agreement)
MU -DA (Mixed Use with a
development agreement)
West of site Downtown MU -DA (Mixed Use with a
development agreement)
LAND USE
Vacant lots
Hotel
Vacant parcel
Reid W. Merrill Sr.
Community Park
Office building
Vacant lot
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
EXISTING SITE CHARACTERISTICS: The site consists of three (3) vacant lots.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED
Total Acreage of Site 2.88 -acres
Percentage of Site Devoted to Building 20%
Coverage
Percentage of Site Devoted to 41
Landscaping
Number of Parking Spaces 109 -spaces
Front Setback 37 -feet
Rear Setback 30 -feet
Side Setback 30 -feet
Side Setback (Street) 30 -feet
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Two (2) buildings inclusive of a hotel and pool/fitness building.
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REQUIRED
5,000 -square feet
50% (maximum)
10% (minimum)
109 -spaces
20 -feet (minimum)
20 -feet (minimum)
7.5 -feet (minimum)
20 -feet (minimum)
Height and Number of Stories of Proposed Buildings:
The hotel is proposed to be four (4) stories with a height of 59 -feet (as requested within the
applicant's narrative, date stamped by the city on September 21, 2017).
Gross Floor Area of Proposed Buildings:
Hotel — 77,150 square -feet (inclusive of four [4] stories)
Pool/Fitness building — 3,866 square -feet
On and Off -Site Circulation:
The Conditional Use Site Plan, date stamped by the city on September 21, 2017, shows the site
will be accessed from East Riverside Drive approximately 260 -feet west of the intersection of
Palmetto Drive and East Riverside Drive.
K. PARKING ANALYSIS:
Total parking spaces shown on Conditional Use Site Plan, date stamped by the city on
September 21, 2017.
Total: 109 (96 -sleeping rooms, 13 -employee) on-site parking spaces
Combined Required Total for Hotel use.
Hotel — 96 -rooms = 96 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space for each sleeping room
Employee Parking — 1 parking space for each two employees = 13 parking space
• Eagle City Code Section 8-4-5 requires 1 parking space for each two employees (as shown, the
provided parking will allow for 26 employees).
L. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Water Company, 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 — yes — The site is located within the 1% floodplain area as identified on the Flood
Insurance Rate Map (FIRM) Panel #s 16001 C 153H and 16001 C0154H.
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 (IF REQUIRED):
Not required
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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
Andeavor (fka Tesoro Logistics)
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the
following:
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Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and residential
developments. Uses should complement uses within Downtown Eagle. Development within this
land use designation should be required to proceed through the PUD and/or Development
Agreement process, see specific planning area text for a complete description. An allowable
density of up to 20 units per 1 acre.
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.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2: Rules and Definitions:
HEIGHT: The height of personal wireless facilities, spires, poles, antennas, steeples, towers,
and similar structures shall be determined by measuring the vertical distance from the point of
contact with the ground to the highest point of the structure, including any vertical projection
thereof. When mounted upon other structures, the combined height of the personal wireless
facility, spire, pole, antenna, steeple, tower, and/or similar structure, including the height of
the structure mounted upon, shall be used to determine height.
HOTEL: Establishments offering rooms as lodging on a less than weekly basis to guests.
Hotels typically have eating and drinking service and a dining room where meals are served.
• Eagle City Code, Section 8-2-3: Official Schedule of District Use Regulations (Pursuant to the
executed development agreement Ada County instrument #100011692):
Hotels are allowed by Conditional Use within the MU (Mixed Use) zoning designation.
• Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the
MU (Mixed Use) zone:
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*
1MU 1135'
20'
20'
17.5' 1 20'
150% 115,000 1150'
• Eagle City Code, Section 8-2A-6: Design Requirements, Objectives, and Considerations:
B. Architectural Requirements, Building Materials, Fence And Decic/Patio Materials, Colors,
And Architectural Appurtenance Height Limitation: Unless specified as prohibited herein,
materials listed in this section are allowed. If a material proposed for construction is not
listed in this section it shall be upon the discretion of the zoning administrator, the design
review board, and the city council, whichever the case may be, to determine the
appropriateness of such material.
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6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall be
limited to a maximum 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.
• Eagle City Code, Section 8-4-5: Schedule of Parking Requirements:
Type Of Off Street Parking Spaces Required
Use
Hotels, 1 for each sleeping room, plus 1 for each 2 employess
Motels
C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Idaho Code Section 67-6512(0:
In addition to other processes permitted by this chapter, exceptions or waivers of standards,
other than use, inclusive of the subject matter addressed by section 67-6516, Idaho Code, in a
zoning ordinance may be permitted through issuance of a special use permit or by
administrative process specified by ordinance, subject to such conditions as may be imposed
pursuant to a local ordinance drafted to implement subsection (d) of this section.
D. DISCUSSION:
• The applicant is requesting conditional use permit approval for a height exception to allow the
hotel to be constructed at 59 -feet in height. As stated in the applicant's narrative, date stamped
by the city on September 21, 2017, the additional height is to provide adequate interior ceiling
height commensurate with the Homewood Suites standards. The applicant further states that
the extra height is required to add another floor to the hotel which ultimately made the project
financially viable and meet the target number of guestrooms. The applicant is proposing to
utilize high quality materials that are indigenous to the area. The proposed architecture and
materials will add character and charm that already exists in the community. The narrative also
indicates the proportions of the building are appropriately scaled in relationship with the
surrounding area.
• The executed development agreement (Instrument #100011692) associated with the site
contains architecture and design standards associated with the development. The applicant is
proposing a "Northwest Contemporary" style of architecture to be in conformance with the
executed development agreement. The proposed architecture is subject to change at the
discretion of the Design Review Board and City Council. Owner should submit a design
review application for the proposed building and site landscaping (as required by Eagle City
Code) and should comply with all conditions required by the Design Review Board and City
Council prior to the issuance of a zoning certificate.
• The site is located within an AE (1% Annual Chance) area of special flood hazard area as
identified on the Flood Insurance Rate Map (FIRM), Panel #s16001C0153H and
16001C0154H. The applicant should be required to comply with all applicable provisions of
Title 10, Flood Control, of the Eagle City Code. All City of Eagle approvals will be subject to
any FEMA requirements.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the hotel use. With
regard to the height exception, if the City Council approves the request then 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
December 18, 2017, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (other than the applicant/representative).
COMMISSION DELIBERATION: (Granicus time 00:55:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed site is a good location for the hotel use.
• The proposed architecture is designed to be compatible with architecture required by the city.
• The proposed hotel will provide additional options for guests to stay within Eagle.
• It is more cost effective to build up instead of out.
• The hotel will have a positive impact on the adjacent businesses.
• The proposed building may have less of an impact on the area than the adjacent two (2) story building.
• The design and orientation of the building offsets the height of the building.
• The proposed height is excessive for the area (two members).
• The project is well designed; however, it should be reduced one-story.
• The project should be designed to cover more area and reduced in height.
• The state highway located adjacent to the site has a 55-m.p.h. speed limit therefore, the impact will be
minimal.
• The hotels located within the adjacent cities draw people away from Eagle.
• Questions whether the proposed height of the hotel meets city guidelines.
• The majority of the height exceptions that have been approved by the city are in the 40 -foot range.
• The applicant failed to show buy -in from the community to support a hotel at 60 -feet in height.
• The Commission appreciated that the applicant was forth coming regarding the requested height
exception is needed for the hotel use to be fiscally viable.
COMMISSION DECISION:
The Commission voted 4 to 1 (Johnson against) to recommend approval of CU -10-17 for a conditional use
permit for a hotel use and a height exception to 59 -feet for a four (4) story hotel for Eagle River Hotel II,
LLC, 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 strike through text to be deleted by the
Commission:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The hotel use is approved with this conditional use permit (ECC 8-2-3).
2. The applicant shall comply with the all applicable conditions of RZ 02 98 and as contained in the
Ddevelopment Aagreement for Eagle River Development attached to the Memorandum of
Development A2reement recorded February 16. 2000. as Instrument No. 100011692.
3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for
reviewing this project prior to the issuance of a certificate of occupancy and/or upon receipt of an
invoice by the City, whichever occurs first.
4. The proposed building design incorporates the "Northwest Contemporary" architectural style (Exhibit
"A"). The proposed architecture is subject to change at the discretion of the Design Review Board and
City Council. Owner shall submit a design review application for the proposed building and site (as
required by Eagle City Code) and shall comply with all conditions required by the Design Review
Board and City Council prior to the issuance of a zoning certificate.
5. The applicant shall obtain a zoning certificate from the City of Eagle Planning and Zoning Department
prior to commencing construction of a structure on the site (ECC 8-7-2[A]).
6. The maximum height of the building shall not exceed 59 -feet.
7. The applicant shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City
Code, prior to the issuance of a building permit. All City of Eagle approvals shall be subject to any
FEMA requirements.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources and shall be submitted to the City prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to
furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project
for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system
and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that
all drainage shall be retained on-site prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the
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letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs first.
The plans shall show how swales, or drain piping, will be developed in the drainage easements. The
approved drainage system shall be constructed, or a performance bond shall be submitted to the City
Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first.
The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no
runoff shall cross any lot line onto another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of
Occupancy.
11. Parking lot Tight 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.
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12. The parking area shall be paved and shall be maintained in good condition without holes and free of all
dust, trash, weeds and other debris.
13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted
to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. The letter shall include the following comments and minimum requirements, and any other items
of concern as may be determined by the Eagle Fire Department officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire Department."
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings,
1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500
gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
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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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU -
10 -17) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional uses:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved since a hotel use and a height exception may be
permitted in the MU (Mixed Use) zoning district with the approval of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there are no
inconsistencies with the Comprehensive Plan and since a hotel use and height exceptions are
permitted with the approval of a conditional use permit with the MU (Mixed Use) zoning district
and the Comprehensive Plan designates this site as Mixed Use;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area because the proposed hotel will be located within
an area that has commercial uses, a public park, and a state highway located adjacent to the site.
The site contains a buffer area with mature trees located adjacent to the state highway. Also, the
design and architecture of the proposed hotel is required to be reviewed and approved by the
Design Review Board and City Council prior to construction;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is
surrounded by commercial uses, a public park, and a state highway;
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. All central services are available to the site. Also, development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense;
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F. Will not create excessive additional requirements at public cost for public facilities and services
and will not be detrimental to the economic welfare of the community since the site will be served
with central sewer from the Eagle Sewer District and will use public water to be served from the
City of Eagle Municipal Water System. Fire protection will be provided by the Eagle Fire
Department and fire hydrants will be provided where required;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that
will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors, since the transportation system has been
found to be adequate by ACHD and since the development is not expected to generate any noise,
smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares as approved by the ACHD; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site.
2. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DATED this 2nd day of January, 2018.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle Cijy Clerk
•', EAG
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