Findings - PZ - 2018 - RZ-03-18 - Rezone From Mu To Mu-DaBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM MU (MIXED USE)
TO MU -DA (MIXED USE WITH A
DEVELOPMENT AGREEMENT [IN LIEU
OF A CONDITIONAL USE PERMIT]) FOR
SYRINGA CONSTRUCTION, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-03-18
The above -entitled rezone application came before the Eagle Planning and Zoning Commission for their
recommendation on June 4, 2018, 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:
Syringa Construction, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting
a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of
a conditional use permit]) to address setbacks, lot coverage, and permitted uses. The 0.6 -acre site
is located on the south side of East Dunyon Street approximately 660 -feet west of the intersection
of South Parkinson Street and East Dunyon Street at 2177 East Dunyon Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle Sewer District at 6:00 PM, on Wednesday, April 18,
2018, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item was received by the City of Eagle on April 19, 2018.
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 May 19, 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 May 16, 2018. The site was posted in
accordance with the Eagle City Code on May 23, 2018. Requests for agencies' reviews were
transmitted on April 24, 2018, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 20, 2000, the City Council approved a design review application for two office buildings
and two accessories structures for Dave Roylance (DR -29-00). The application subsequently
expired on June 20, 2001.
E. COMPANION APPLICATIONS: None.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN ZONING
DESIGNATION DESIGNATION
Mixed Use MU (Mixed Use)
No Change MU -DA (Mixed Use with a
development agreement [in
lieu of a conditional use
permit])
Compact Residential R-4 (Residential)
South of site Mixed Use
East of site Mixed Use
West of site Mixed Use
LAND USE
Single-family residence
Commercial multi -tenant
building
Single-family residential
(Randall Acres Subdivision
No. 15)
BP (Business Park) East State Street and mobile
home park
MU (Mixed Use) Church
MU (Mixed Use) Single-family residence
G. DESIGN REVIEW OVERLAY DISTRICT: DSDA (Dunyon/State Development Area)
H. TOTAL ACREAGE OF SITE: 0.6 -acres
I. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on April 19, 2018 (attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if
applicable):
See development agreement prepared by the applicant's representative, date stamped by the City
on April 19, 2018 (attached to the staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is located within the Eagle Water Company's certificated service area. The City received
email correspondence, dated April 24, 2018, from Lynn Moser, General Manager, Eagle Sewer
District, which indicated the site is located within the boundaries of the Eagle Sewer District and
receives service from a trunk line located within Dunyon Street.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
M. NON -CONFORMING USES:
There is an existing residence and several accessory structures located on site. The applicant will
be required to obtain a demolition permit and remove the existing structures prior to construction
of the proposed building.
N. 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:
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Ada County Highway District
Andeavor
Boise River Flood Control District No. 10
Eagle Fire Department
Eagle Sewer District
Idaho Fish and Game Department
Idaho Transportation Department
O. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Mixed Use
Suitable primarily for a mixture of uses including limited office, limited commercial, and residential.
Residential densities within the designation is up to 20 units per acre but density will be determined on
a site by site basis. Uses should complement and not take away from downtown Eagle. Development
within this land use designation should be required to proceed through the PUD and/or development
agreement process. See the planning area text for a complete description of site specific uses.
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 CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2 defines Lot Coverage as:
The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area
of the lot, expressed as a percentage.
• Eagle City Code Section 8-2-1: Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title the zoning
districts have been formulated to realize the general purposes as set forth in this title. In addition,
the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,
limited commercial, and residential. This district is intended to ensure compatibility of new
development with existing and future development. It is also intended to ensure assemblage of
properties in a unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses should
complement the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter,
shall occur under the PUD and/or development agreement process in accordance with
chapter 6 or 10 of this title unless the proposed development does not meet the area requirements
as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction
with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a
conditional use permit shall be required unless the proposed use is shown as a permitted use in the
MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed
twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU
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zoning district a development agreement may be utilized in lieu of the PUD and/or conditional use
process if approved by the city council provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
• Eagle City Code Section 8-2-3: Schedule of District Regulations:
Staff will address the applicant's specific requests within the Discussion area below.
• 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 Sq. Width I*
Ft.) G And
H*
IMU 1135'
20'
20'
17.5'
20'
150% 115,000
1150'
• Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations:
F. Dunyon/State Development Area: DSDA shown on exhibit A-1 within the EASD book.
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks And Site Design:
a. Front And Rear Setbacks: Front and rear building setbacks from the property line shall
be fifteen feet (15') minimum.
b. Side Setbacks: Side building setbacks shall be five feet (5') minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the
city encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in
movable planters, outdoor dining, plazas, streetscape extension and bike racks.
d. Site And Landscape Design: At the discretion of the design review board the following
may be considered when the board finds that the site has been designed in harmony
with the design guidelines, objectives and considerations noted within subsection A of
this section:
(1) Interior and perimeter parking lot landscape area dimensions may be reduced.
(2) The minimum required landscaping between the building and the property line
may be reduced when the design review board finds that the building's design
style and architecture serves as an appropriate buffer to the adjacent property.
• Eagle City Code, Section 8-7-3-2 General Standards for Conditional Use:
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;
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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.
• Eagle City Code, Section 8-7-3-5: Conditional Use Permit:
D. Conditions of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
• Eagle City Code Section 8-10-1: Development Agreements:
D. Approval Of The Development Agreement:
1. The Council may require a development agreement be executed to allow a rezone if, in the
opinion of the council, approval of the requested rezone does not satisfy the requirements
set forth in the zoning ordinance for rezone approval, but the particular project or use
contemplated has a value to the community that would justify the use of a development
agreement. A development agreement may not allow a use on the parcel that is not an
allowed or conditional use in the requested rezone.
C. IDAHO CODE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Idaho Code Section §67-6512(f):
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
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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 has submitted a draft development agreement with the application to address the
following: 1) Provide a Concept Plan for the project, 2) Request additional lot coverage, 3)
Request reduced side yard setback, 4) Request reduced internal setbacks, and 5) Request specific
uses to be permitted.
Pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards, other than use,
inclusive of the subject matter addressed by Idaho Code Section §67-6516, in a zoning ordinance
may be permitted through issuance of a special use permit (conditional use permit). Based on
Eagle City Code Section 8-2-1, a development agreement may be utilized in lieu of conditional use
permit within the MU (Mixed Use) zoning designation, if approved by the City Council, provided
the development agreement includes conditions of development that are required during the
conditional use permit process. Also, pursuant to Eagle City Code Section 8-10-1, development
agreements allow a specific use to be developed on property in an area that is not appropriate for
all uses allowed or conditional in the requested zone. With this application the development
agreement is being utilized in lieu of a conditional use permit to address the applicant's request.
o Item 1
The applicant has provided a Concept Plan showing a footprint of a building containing 8 -
separate commercial tenant spaces with a garage space in each unit. The site is fronted by East
Dunyon Street and East State Street. The site has on-site parking located between the proposed
building and each street. The building is located approximately 40 -feet, 9 -inches, from both
East Dunyon Street and East State Street. The side setbacks are shown at 5 -feet from the east
and west property lines.
o Item 2
The applicant is requesting to increase the maximum lot coverage from 50 percent (permitted
within the MU (Mixed Use) zoning district) to 60 percent. Pursuant to Eagle City Code
Section 8-2-4, the maximum lot coverage requirements for commercial uses in commercial
zones vary from 50-92%. Staff is supportive of the applicant's request to increase the
maximum lot coverage from 50% to 60%, provided the required parking for the proposed uses
is provided on site.
o Item 3
The applicant is requesting a side yard setback of 5 -feet. Pursuant to Eagle City Code Section
8-2A-7(F)(2)(b), the side setbacks within the Dunyon/State Development Area may be a
minimum of 5 -feet. Also, the property is located within Randall Acres Subdivision No. 15,
and the recorded subdivision final plat contains a note which identifies the side yard setback as
5 -feet. The requested 5 -foot side setback is in conformance with Eagle City Code and the
recorded final plat.
o Item 4
The applicant is requesting internal setbacks of 0 -feet. This request is to address the setbacks
between the individual commercial units in the event the property is subdivided in the future
to allow for the transfer of ownership of each unit. In the event the applicant desires to re -plat
the property in the future, the applicant should be required to modify the development
agreement to address the setbacks internal to the site and the maximum lot coverage since the
coverage will increase in percentage due to the reduction of lot sizing.
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o Item 5
The applicant is requesting the following uses be recognized as "P" permitted uses. The
requested uses are listed below and the category shown in italics (permitted, conditional use,
or prohibited), is how the use is identified currently in Eagle City Code Section 8-2-3,
Schedule of District Regulations:
Ambulance Service - Conditional Use
Art Studio - Permitted
Automobile Body Shop - Prohibited
Automotive Repair - Prohibited
Automotive Storage - Prohibited
Cabinet shop - Conditional Use
Catering service - Permitted
Coffee roasting facility - Conditional Use
Communication facilities - Conditional Use
Contractor's yard and/or shop - Prohibited
Electronic sales, service, or repair shop - Permitted
Flex space - Permitted
Home and business services - Permitted
Horticulture - Permitted
Industry Custom and Limited - Conditional Use
Industry Research and Development - Conditional Use
Kennel - Conditional Use
Microbrewery - Conditional Use
Personal improvement - Permitted
Personal services - Permitted
Personal wireless facilities (enclosed building, height - 35' or less) - Permitted
Photographic studio - Permitted
Printing and/or blueprinting - Permitted
Professional activities - Permitted
Research Activities - Conditional Use
Retail sales (general) - Conditional Use
Retail sales (limited) - Conditional Use
Sign shop, including painting - Conditional Use
Small engine repair (mower, chain saws, etc.) - Conditional Use
Storage (enclosed building) - Conditional Use
Travel services - Permitted
Upholstery shop - Conditional Use
Winery - Conditional Use
Woodworking shop - Conditional Use
Four of the requested proposed permitted uses are prohibited uses pursuant to Eagle City
Code. Those uses include automobile body shop, automotive repair, automotive storage, and
contractor's yard and/or shop. Pursuant to Eagle City Code Section 8-10-1(D), a development
may not allow a use on the parcel that is not an allowed or conditional use in the requested
rezone. The aforementioned uses should not be permitted on the site.
Seventeen of the proposed permitted uses require a conditional use permit. Five of those uses
involve processes that may have an adverse impact on surrounding properties. The five
proposed uses are cabinet shop, coffee roasting facility, kennel, sign shop (including painting),
and woodworking shop. The remaining twelve uses would be conducted entirely within the
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building and should not have any processes that would have an impact on the surrounding
properties. The development agreement should contain a provision within the condition of
development requiring the uses to be conducted solely indoors and not permitting outdoor
storage. If the applicant proposes a cabinet shop, coffee roasting facility, kennel, sign shop
(including painting), or woodworking shop in the future, then a conditional use permit shall be
required.
• The Concept Plan, date stamped by the City on April 19, 2018, shows 32 -parking spaces
(inclusive of the garage space in each unit). The development agreement should contain a
condition of development which requires parking to be in conformance with Eagle City Code
Section 8-4-5.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends the approval of a rezone from MU
(Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit])
with conditions to be placed within a development agreement as 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 June 4,
2018, 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 this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who requested clarification regarding which uses are
proposed as being permitted uses on the site.
COMMISSION DELIBERATION: (Granicus time 11:59)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed use fits within the neighborhood.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith and Wright absent) to recommend approval of RZ-03-18 for a rezone
from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) for
Syringa Construction, LLC, with the following staff recommended conditions to be placed within a
development agreement:
3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Owner will submit such applications regarding floodplain development permit
review, design review, preliminary and final plat reviews, and/or any conditional use permits, if
applicable, and any other applicable applications as may be required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
3.2 Owner shall complete the Design Review process for the site (as required by the Eagle City Code), and
shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a
building permit.
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3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the Project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may
occur or be required. If the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community, a public hearing shall be held on
any proposed changes in the Concept Plan and notice shall be provided as may be required by the City.
3.4 Maximum lot coverage shall be 60 percent.
3.5 Boundary side yard setbacks shall be 5 -feet minimum
3.6 Permitted uses:
Ambulance Service
Art Studio
Catering service
Communication facilities
Electronic sales, service, or repair shop
Flex space
Home and business services
Horticulture
Industry Custom and Limited
Industry Research and Development
Microbrewery
Personal improvement
Personal services
Personal wireless facilities (enclosed building, height - 35' or less)
Photographic studio
Printing and/or blueprinting
Professional activities
Research Activities
Retail sales (general)
Retail sales (limited)
Small engine repair (mower, chain saws, etc.)
Storage (enclosed building)
Travel services
Upholstery shop
Winery
The uses shall be conducted within the interior of the building and no outdoor storage of materials
or equipment shall be permitted.
3.7 Parking shall be in conformance with Eagle City Code, Title 8: Off Street Parking and Loading.
3.8 Owner shall obtain a demolition permit and remove all structures from the Property prior to issuance of
a building permit.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-03-18)
upon the information provided concludes that the proposed rezone is in accordance with the City of
Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of MU -DA (Mixed Use with a development agreement [in lieu
of a conditional use permit]) is consistent with the Mixed Use designation as shown on the
Comprehensive Plan Land Use Map;
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b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all
uses allowed on the subject property under the proposed zone;
c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the BP (Business Park) zone and land use to the south since East
State Street is located adjacent to the site and the area across the street contains a mobile home
park which may be developed similarly in the future;
d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the R-4 (Residential) zone and land use to the north since East
Dunyon Street is located adjacent to the site and the proposed uses for the site have been restricted
to not impact the residences located across East Dunyon Street;
e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU (Mixed Use) zone and land use to the west since that area
currently is being utilized for a residence and may be developed similarly in the future. Also, the
proposed uses for the site have been restricted to not impact the adjacent neighbor;
f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use
permit]) zone is compatible with the MU (Mixed Use) zone and land use to the east since that area
currently is being utilized for a church use and proposed uses on the site will not impact the church
use;
g.
The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan; and
h. No non -conforming uses are expected to be created with this rezone since the existing residential
dwelling is being removed as required within the development agreement and the proposed
setbacks and maximum lot coverage have been addressed in the development agreement.
2. The Commission reviewed the particular facts and circumstances of this proposed development
agreement in lieu of a conditional use permit, and based upon the information provided concludes that
the proposed development is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) since pursuant to Idaho Code Section §67-6512(0, exceptions or waivers of
standards (increase in maximum lot coverage), other than use, inclusive of the subject matter
addressed by Idaho Code Section §67-6516, in a zoning ordinance may be permitted through the
issuance of a conditional use permit; and
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 Eagle City Code. Also, pursuant to Idaho Code
Section §67-6512(0, exceptions or waivers of standards may be approved through the issuance of
a conditional use permit;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since the building will be designed to meet the
City's design review requirements and design requirements of the Eagle Architecture and Site
Design Book;
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D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed
building will only cover an additional 10 -percent of the site;
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 either available to the site or will be conditioned herein,
as noted within the letters provided by the agencies having jurisdiction over the site; and
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
Eagle Water Company. 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 site will consist of a commercial
building similar to others located in proximity to the site;
H. Will have vehicular approaches to the property which are designed as not to create an interference
with traffic on surrounding public thoroughfares since the proposed uses and access points have
been reviewed and approved by the 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. The property is not located within a "Hazard Area" or "Special Area" as described
within the Comprehensive Plan.
3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit (development agreement in lieu of a
conditional use permit) shall not be considered as establishing a binding precedent to grant other
conditional use permits.
DATED this 18th day of June, 2018.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
%)/ Trent Wright, Chai
ATTEST:
Sharon . Bergmann, Eagle City 1lerk
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