Findings - CC - 2023 - A-03-22/RZ-03-22 - Annexation and Rezone from RUT to A-R-DA for Alscott Real Estate LLC BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT(RURAL-URBAN TRANSITION- )
ADA COUNTY DESIGNATION) TO )
A-R-DA(AGRICULTURAL-RESIDENTIAL WITH)
A DEVELOPMENT AGREEMENT)FOR )
ALSCOTT REAL ESTATE LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-03-22&RZ-03-22
The above-entitled annexation and rezone applications came before the Eagle City Council for their action
on March 14,2023,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:
Brian Scott — Alscott Real Estate is requesting an annexation, rezone from RUT (Rural Urban
Transition— Ada County designation) to A-R-DA (Agricultural-Residential with a development
agreement in lieu of a conditional use permit),to permit an equestrian facility and to seek a waiver
of ECC 8-2-4 and 8-4-3. The 20-acre site is located on the corner northeast of North Eagle Road
and East Beacon Light Road at 3000 North Eagle Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 3000 North Eagle Road(Storey Tails LLC—Once Upon a
Horse Farm) at 6:00 PM, on Tuesday, October 26, 2021, in compliance with the application
submittal requirement of Eagle City Code.The applications for this item were received by the City
of Eagle on February 2, 2022.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications 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 January 20, 2023. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
January 20, 2023. The site was posted in accordance with the Eagle City Code on January 24,
2023. Requests for agencies' reviews were transmitted on February 25, 2022, in accordance with
the requirements of the Eagle City Code.
Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on
February 24,2023. Notice of this public hearing was mailed to property owners in accordance with
the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 24, 2023.
The site was posted in accordance with the Eagle City Code on March 1,2023.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Agriculture/Rural RUT(Rural-Urban Transition— Riding Stables
Ada County designation)
Proposed No Change A-R-DA(Agricultural- No change
Residential with a development
agreement)
North of site Agriculture/Rural RUT(Rural-Urban Transition— Agricultural,proposed for
Ada County designation) single family residential
proposed A-R-DA-P (Rocking A Ranch PUD)
(Agricultural—Residential with
a Development Agreement and
PUD)
South of site Agriculture/Rural RE-DA(Residential-Estates Single Family Residential
with a Development Agreement) (Fisher Acres Subdivision)
East of site Agriculture/Rural RUT(Rural-Urban Transition— Single Family Residential
Ada County designation)and R1 (Cedith Estates Subdivision)
(Ada County Designation) and Agricultural
West of site Agriculture/Rural RUT(Rural-Urban Transition— Single Family Residential
Ada County desi ation)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 20 acres
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See narrative attached
to staff report.
J. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The property is proposing to utilize existing well and septic. The property will receive fire
protection from the Eagle Fire Department and police protection from the Eagle Police Department.
K. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map exists.
L. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes,a few mature cottonwoods are on site and proposed to remain.
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
M. NON-CONFORMING USES:
There are several structures on site that are proposed to remain that are located within both the front
(Eagle Road) and street-side (Beacon Light Road) setbacks. The applicant is seeking a waiver of
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the required setbacks (ECC 8-2-4) to keep these structures as part of their conditions use permit
(ECC 8-7-3-1).
N. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments, which
appear to be of special concern, are noted below:
Ada County Highway District
Eagle Fire District
Eagle Sewer
Idaho Department of Environmental Quality
O. LETTERS FROM THE PUBLIC:
On January 26, 2023, the City received comments from Linda Kambeitz in support of the
application and the site remaining an equestrian facility.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map designates this site as Agricultural/Rural:
Suitable for parcels that are five acres or larger in size may include active agriculture,
viticulture,equestrian,and estate or large lot residential. Uses include low density housing
with significant space between homes that are close to native open space and active farmland.
Rural uses are not amenity-based(sewer,water, schools)and are located away from goods
and services. These areas encourage the keeping and raising of crops or animals and do not
necessarily include manicured yards, sidewalks,bike paths,or planned park and recreation
facilities.Density may be limited due to the limited availability of infrastructure and roadway
capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• 8-2-1: DISTRICTS ESTABLISHED,PURPOSES AND RESTRICTIONS:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods.Gross density in an R district shall be determined according to the numeral
following the R.The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3,R-4 and
R-5 zoning districts, unless approved as part of a planned unit development (PUD).
Centralized water and sewer facilities are required for all subdivision and parcel division
applications submitted after the effective date hereof in all zoning districts except the city
council may permit the use of individual well(s)and septic system(s)in the A,A-R and R-
E zoning districts upon a determination that the public health, safety,and welfare will not
be negatively impacted. Whenever there is a conflict or difference between the provisions
of this section and those of other chapters and/or other titles, the chapter or title with the
more restrictive provision shall prevail. When a property is being proposed for rezone to
the R 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.
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• 8-2-3: SCHEDULE OF DISTRICT USE REGULATIONS:
Land Uses
A A-R R-E R
Riding academies/stables P C
• 8-2-4: SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS
Zoning District Maximum Height Minimum Yard Setbacks Maximum Lot Covered F Minimum Lot Area Minimum Lot Width 1'
Note Conditions A To E' And J' (Acres Or Square Feet)H'
Front Rear Interior Street Side
Side
A-R 35' 60' 30' 30' 45' 10.0 - OC
• 8-4-3: DESIGN AND MAINTENANCE:
A. Paving:The required number of parking and loading spaces as set forth in this chapter,
together with driveways,aisles and other circulation areas,shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt
surfaces shall not be permitted unless used as part of a home occupation.
B. Drainage: All parking and loading areas shall provide for proper drainage of surface
water to prevent the drainage of such water onto adjacent properties or walkways.Drainage
plans shall be reviewed and approved by the city engineer and,for any site abutting a public
street, such plans shall be reviewed and approved by the Ada County highway district, or
highway district having jurisdiction.
C. Access:Access driveways for parking areas or loading spaces shall be located in such
a way that any vehicle entering or leaving such area shall be clearly visible by a pedestrian
or motorist approaching the access or driveway from a public or private street.
D. Maintenance: The owner of property used for parking and/or loading shall maintain
such area in good condition without holes and free of all dust,trash and other debris.
• 8-4-5: SCHEDULE OF PARKING REQUIREMENTS
Type Of Use Off Street Parking Spaces Required
Riding academies/stables 1 per 4 stalls
• 8-5-2: AUTHORITY TO CONTINUE NONCONFORMING USE:
If a lawful use involving individual structures,or of a structure and land in combination,exists
at the effective date hereof that would not be allowed in the district under the terms of this title,
the lawful use may be continued so long as it remains otherwise lawful,subject to the following
provisions:
A. Additions Or Alterations: Unless permitted in accordance with section 8-5-2C of this
title,no existing structure devoted to a use not permitted by this title in the district in
which it is located shall be enlarged,extended,constructed,reconstructed,moved or
structurally altered except in changing the use of the structure to a use permitted in the
district in which it is located.Notwithstanding the foregoing,when a residential dwelling
is destroyed due to catastrophic fire or other natural disaster it may be rebuilt, subject to
reasonable regulation by the city,upon the structure's original footprint. A permit for
reconstruction shall be obtained within six(6)months of the fire or natural disaster event.
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B. Expansion:No nonconforming use shall be extended to occupy any additional land area.
C. Change Of Nonconforming Use: Any nonconforming use of a structure and land may,
upon the issuance of a conditional use permit by the council,be changed to another
nonconforming use;provided,that the council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change,the council may require appropriate conditions and safeguards in
accord with other provisions of this title.Upon the change of a nonconforming use to
another nonconforming use through the issuance of a conditional use permit,the terms
and provisions of the conditional use permit shall prevail and the previous
nonconforming use rights shall no longer exist. If any term or condition of the conditional
use permit is violated,the conditional use permit may be revoked,at which time the use
will be considered an illegal use.Thereafter,the use and zoning shall conform to those
permitted or conditional uses allowed under the zoning code in effect at that time.
D. Change To Conforming Use: Any structure,or structure and land in combination,in or on
which a nonconforming use is superseded by a permitted use shall thereafter conform to
the regulations for the district, and the nonconforming use may not thereafter be resumed.
E. Discontinuance Of Nonconforming Use: When a nonconforming use of a structure,or
structure and land in combination,is discontinued or abandoned for more than one year
(except when government action impedes access to the premises),the structure,or
structure and land in combination, shall not thereafter be used except in conformity with
the regulations of the district in which it is located.
F. Elimination Of Nonconforming Structure: Where nonconforming use status applies to a
structure and land in combination, removal or destruction of the structure shall eliminate
the nonconforming status of the land, except as otherwise may be permitted in this
section.
• 8-7-3-1: PURPOSE AND INTERPRETATION OF CONDITIONAL USE:
Exceptions or waivers of standards within Title 8 or Title 9,other than use,inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances"may be permitted
through issuance of a conditional use permit.
• 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, or section 8-7-3-1 (C) of this chapter,
or as may otherwise be established by this title;
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.
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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;
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.
• 8-10-1: REQUIREMENTS AND RESTRICTIONS:
A. Purpose: Development agreements are a discretionary tool to be used by the council as a
condition of rezoning. Development agreements allow a specific project with 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.
B. Initiation Of Development Agreement:
1. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
2. In the event of a determination by the commission that a development agreement should
be entered into,the commission shall retain jurisdiction of the matter, defer
consideration of the rezone applied for and set a time limit for submittal of the
development agreement. The commission shall then proceed as specified in this section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal of
the development agreement. The council may direct the commission on remand of the
matter to the commission. The commission shall then proceed as specified in this
section.
4. In the event of either of the above, all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. Form Of Development Agreement: A development agreement shall be in the form
required by the zoning administrator.No agreement shall be accepted by the zoning
administrator which does not include the following:
1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development
agreement.
2. The specific use or uses of the parcel for which the development agreement is sought.
3. The allowed or conditional use in the conditional zone for which application has been
made.
4. A concept plan of the project to be developed on the parcel. The concept plan may
include:
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a. A description of the density allowed or sought;and
b. Maximum height,size,and location of any structures on the property.
5. The time required to begin the use on the property.
6. A statement by the owner of the parcel that failure to comply with the commitments in
the development agreement shall be deemed consent to rezone the use to the preexisting
zone or, in the case of an initial zone at annexation,a zone deemed appropriate by the
council.
7. Any other matter mutually agreeable to the parties.
C. DISCUSSION:
• The property will be used as an equestrian center,including but not limited to stables,rings,
exercise areas,and associated facilities for the care and exercise of horses and related equestrian
activities,and any other uses or structures incidental or ancillary to use and operate an equestrian
center.
• There is an existing single-family residence and caretaker's apartment on the property,which the
applicant is requesting to continue to be used for residential purposes.
• Riding stables are permitted in the A-R zone with a Conditional Use Permit.
• There are several existing structures that are located within the front and side street setbacks and
would therefore be non-conforming once annexed.To address this,the applicant has applied for a
development agreement in lieu of a conditional use permit for a waiver of the setbacks if the
Commission and Council determine that the structures are not detrimental to the surrounding
neighborhood as described in the CUP criteria.
• The applicant is proposing to continue using existing well and septic.However,per Eagle City
Code Section 8-2-1 domestic water and central sewer connections are required in the A-R zone
unless the Commission and Council determine that the public health, safety,and welfare will not
be negatively impacted and a waiver is appropriate. The subdivision proposed to the north by the
applicant is proposing to extend City of Eagle water to the site past this property.Therefore,
municipal water would be available to this site and the applicant should be required to connect
once it is available.
• Because the site is commercial and not residential,no buffer lots are required along either street
frontage.However,the applicant should be required to construct a 10 foot sidewalk along Beacon
Light Road and a minimum 5 foot sidewalk along Eagle Road as a requirement of the annexation.
The Eagle Pathway Master Plan designates Eagle Road as a walking and biking corridor and
sidewalks are proposed on the side to the north; requiring sidewalks on both frontages of this site
will improve public safety for pedestrians and be consistent with annexation conditions for other
properties on Beacon Light Road.
• Per Eagle City Code,one parking space is required per four horse stalls for all commercial riding
stables. The existing facility has 36 horse stalls therefore nine(9)parking spaces are required by
code for the commercial use. Additionally,the site has an existing single family residence on site
which requires two(2)parking spaces. Therefore,a total of 11 parking spaces are required.The
site has 41 commercial parking spaces as well as two(2)covered residential parking spaces.
• Eagle City Code Section 8-4-3 requires commercial parking areas to be paved,the applicant is
seeking a waiver of this code section and requesting that the existing gravel parking area remain.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
6,2023,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
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by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one(1)individual(other than the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one(1)individual who indicated a concern with traffic.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission made a motion based upon the information received
and the testimony provided.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-03-22&RZ-03-22 for an annexation and rezone
from RUT(Rural-Urban Transition—Ada County designation)to A-R-DA(Agricultural-Residential with
a Development Agreement in lieu of a Conditional Use Permit)with conditions of development as provided
within their findings of fact and conclusions of law document,dated February 21,2023.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Eagle City Council on March 14, 2023, 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 Council by no one.
C. Oral testimony in favor of the application was presented to the Council by no one (other than the
applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council by
two (2) individuals who indicated a concern with pedestrian safety in the area and strongly urged the
Council to consider supporting staff's recommendation to require sidewalk along both frontages.
COUNCIL DECISION:
The Council voted 3 to 0 to approve of A-03-22 &RZ-03-22 for an annexation and rezone from RUT
(Rural-Urban Transition—Ada County designation)to A-R-DA(Agricultural-Residential with a
Development Agreement in lieu of a Conditional Use Permit)with the following conditions to be placed
within a development agreement:
3.1 The Property will be used as an equestrian center,including but not limited to stables,rings,exercise
areas, and associated facilities for the care and exercise of horses and related equestrian activities,
and any other uses or structures incidental or ancillary to use and operate an equestrian center. The
single-family residence and the caretaker's apartment on the Property may continue to be used for
residential purposes.
3.2 Owner will use and further develop and expand the facilities on the Property subject to the conditions
and limitations set forth in this Development Agreement. Further, Owner will submit such
applications as may be required by City Code,which shall comply with City Code,as it exists at the
time such applications are made except as otherwise provided within this Agreement.
3.3 The current Site Plan is attached as Exhibit C. The City understands and agrees that certain changes
in that plan may occur. If the City determines, in its reasonable discretion, 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 Site Plan, notice shall be
provided as may be required by the City.
3.4 Owner will develop the Property subject to the conditions and limitations set forth in this
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Development Agreement. Further, the 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 with this Agreement.
3.5 The owner shall be required to construct a 10-foot wide sidewalk along the frontage of Eagle Road
at such time that any future improvements are made by the owner or within five(5)years of the date
the findings are approved. The construction plans shall be approved by ACHD and the City prior to
construction.
3.6 The owner shall be required to connect the single family residence on site to City of Eagle Water at
such time that any future improvements are made by the owner.
3.7 To allow for the future installation of municipal fiber-optic cable, the owner shall be required to
install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan.Upon
completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide
GIS coordinates of the locations of the municipal fiber-optic conduit lines.The municipal fiber-optic
conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be
dedicated to the City prior to the City Clerk signing the final plat.
3.8 The owner shall adhere to all requirements of the Ada County Highway District, including but not
limited to approval of the drainage system,curbs,gutters, streets and sidewalks.
CONCLUSIONS OF LAW:
1. The City Council reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-03-22 & RZ-03-22) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of(Agricultural—Residential with a development agreement)
is consistent with the designation as shown on the Comprehensive Plan Land Use Map;
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 this property under the proposed zone;
c. The proposed(Agricultural—Residential with a development agreement)is compatible with the
proposed(Agricultural—Residential with a development agreement and PUD)land use to the
north since that area is being developed in conjunction with this development,and;
d. The proposed(Agricultural—Residential with a development agreement) is compatible with the
(R-E-DA)zone and land use to the south since the equestrian use on the parcel has been in place
for approximately 40 year and is not proposed to change,and;
e. The proposed(Agricultural—Residential with a development agreement)is compatible with the
(RUT single family residential)land use to the west since this equestrian use on the parcel has
been in place for approximately 40 year and is not proposed to change, and;
f. The proposed(Agricultural—Residential with a development agreement)is compatible with the
(R1)zone and land use to the east since that area has been developed into one acre residential
lots,and;
g. The land proposed for rezone is not located within a"Hazard Area"and"Special Area"as
described within the Comprehensive Plan; and
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h. No non-conforming uses are expected to be created with this rezone.
2. Development Agreement in Lieu of a Conditional Use Permit:With regard to Eagle City Code Section
8-7-3-2"A thru I"(required findings for approval of a conditional use),the proposed application is in
accordance with the following criteria for a Conditional Use:
A. Will, in fact,constitute a conditional use as established in Section 8-2-3 of Eagle City Code,
which allows commercial riding stables in the A-R zone through the issuance of a
conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title(Eagle City Code Title 8)since there
are no inconsistencies with the Comprehensive Plan;
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. The use is existing
and has been in place for approximately 40 years. The continued use of the gravel parking
area and non-conforming use of the various structures encroaching into the front and side
street setbacks will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
landscaping will be required in accordance with Eagle City Code 8-2-A;
E. Will be served adequately by individual well and septic as well as essential public facilities
such as highways, streets,police and fire protection,drainage structures,refuse disposal,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 as noted in responses received by
agencies providing the public services or as represented by the applicant.
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
developer will be required to make improvements to the site at the developer's expense;
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 utilize existing vehicular approaches to the property; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since none are apparent on this site.
DATED this 11th day of April, 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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