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Findings - CC - 2018 - CU-10-17 - Conditional Use Permit For A Hotel Use And Height Exception For Hotel BuildingBEFORE THE EAGLE CITY COUNCIL 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 permit application came before the Eagle City Council for their action on February 13, 2018, at which time public testimony was taken and the public hearing was closed. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: 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 January 30, 2018, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 25, 2018. 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 January 22, 2018. The site was posted in accordance with the Eagle City Code on January 30, 2018. Page 1 of 13 K:U'lannmg Dcpt\Eagle Applications \CU\2017\CU-10-17 Eagle Rncr Hotel ccfdoc 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 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 No Change North of site Downtown CBD (Central Business District) South of site Mixed Use MU -DA (Mixed Use with a development agreement) East of site Downtown 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 Page 2 of 13 K:U'lanning Dept\Eaglc Applications\CU\2017\CU-10-17 Cagle River Hotel cci.doc REQUIRED 5,000 -square feet 50% (maximum) 10% (minimum) 109 -spaces 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 20 -feet (minimum) J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: Two (2) buildings inclusive of a hotel and pool/fitness building. 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 parkine spaces shown on Conditional Use Site Plan. date stamped bv 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 16001C153H and 16001C0154H. Mature Trees — no Riparian Vegetation — no Steep Slopes — no Stream/Creek— no Unique Animal Life — unknown Unique Plant Life — unknown Page 3 of 13 K:U'Ianning Dcpt\IEaglc Applications \CU\2017\CU-10-17 Eagle River Hotel ccl.doc Unstable Soils -- unknown Wildlife Habitat - unknown P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required 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 Q. 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 13 K:U'lanning Dept\Eagle Applications\CIJ 2017\CU-10-17 Eagle Riper Hotel cadoc 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: 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 Tess 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* IMU 1135' 1 20' 20' 17.5' 1 20' I50% 115,000 1150' Page 5 of 13 K:U'lanning Dept\Eagle Applications\CU\2017\CU- lo -17 Eagle River Hotel ecr.doc • Eagle City Code, Section 8-2A-6: Design Requirements, Objectives, and Considerations: 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 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 Page 6 of 13 K:\I'lanning Dept \Eagle Applications\CU\2017\CU-IO-1? Eagle River Hotelccf.dot. 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 #16001C0153H 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. 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. Page 7 of 13 K:\Plammng DepCd:aglc Apphvauons\CU\20I7\CU-I0-17 Cagle River Hotel ccl'.Joc • 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 site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated January 2, 2018. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on February 13, 2018, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to the application was presented to the City Council by no one. C. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). COUNCIL DECISION: The Council voted 3 to 1 (Pittman against) to approve 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 Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The hotel use is approved with this conditional use permit. 2. The applicant shall comply with the all applicable conditions as contained in the Development Agreement for Eagle River Development attached to the Memorandum of Development Agreement 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. 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. Page 8 of 13 K:\Planning Dept\Eagle Applications\CU\2017\CU-10-17 Eagle Ricer Hotel ccf.doc 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 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 Page 9 of 13 K:U'lann.ng Dept\Eagle Appficattons\CU\2017\CU-IO-17 Eagle R.ter Hotel ecf.doe 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 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 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. Page 10 of 13 K:U'lanning Dcpl\Gaglc Applcalions\CU\2017\CU-IO-17 Eagle Rncr Hotel «Ldnc 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. 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. Page 11 of 13 K:\I'lanning Dept \Eagle Applications\CU\2017\CU-10-17 Eagle Riper Hotel ccldoc CONCLUSIONS OF LAW: 1. The Council 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 use: 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; 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 by Eagle Water Company's 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 ITD; 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. Page 12 of 13 K:\Planning Dept+Faglo ApphLationc\CU\201'\CC 10 17 [Eagle 121trr Hotel ccf.doc DATED this 27th day of February, 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan`idgeway, Mayor ATTEST: .�� Sharon K. Bergmann, Eagle Citylerk Page 13 of 13 K:\Planning Dept\Eagle Applications\CU\2017\CU-IO-17 1 agle Rner Hotel ccf.doc HOMEWOOD SUITE EXHIBIT "A"