Loading...
Findings - PZ - 2019 - CU-09-18 - Cup For Flex Space Use And Side Yard Setback ReductionBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT FOR FLEX SPACE USE AND SIDE YARD SETBACK REDUTION TO FIVE FEET (5') FOR OLD TOWN 1, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU -09-18 The above -entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on February 4, 2019, 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: Old Town 1, LLC, represented by Mark Butler, is requesting a conditional use permit for the allowance of flex space within Building A and Building B (uses may also include the permitted uses identified in the approved development agreement (Instrument #2018-030155)) and an interior side yard setback reduction to five feet (5') to accommodate the future placement of a lot line between Building A and Building B. The 1.75 -acre site is located on the southeast corner of East Hill Road and South Echohawk Lane at 220 South Echohawk Lane (Lot 14, Block 1, Piccadilly Village Subdivision No.2). B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Sewer District, 44 North Palmetto Avenue, Eagle, Idaho at 6:00 PM, on Thursday, December 13, 2018, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on December 18, 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 January 18, 2019. 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 15, 2019. The site was posted in accordance with the Eagle City Code on January 24, 2019. Requests for agencies' reviews were transmitted on December 19, 2018, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 9, 2001, the City Council approved the findings of fact and conclusions of law for a rezone with development agreement, conditional use permit, planned unit development, and preliminary plat for Piccadilly Village Subdivision.(RZ-09-00/CU-09-00/PPUD-06-00/PP-09-00). On April 10, 2001, the City Council approved a design review application for the common area landscaping within Piccadilly Village Subdivision (DR -54-00). On February 12, 2002, the City Council approved a final development plan and final plat for Page 1 of 12 K:1Planning Dept\Eagle Applications1CU120181CU-09-18 Oki Town 1 LLC pzrdocx Piccadilly Village Subdivision No. 3 (FPUD-03-01/FO-06-01). On December 13, 2016, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD). On January 9, 2018, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD2). On February 27, 2018, the City Council approved a combined preliminary/final plat for Piccadilly Village Subdivision No. 2, a 3 -lot commercial subdivision (re -subdivision Lot 14, Block 1, Piccadilly Village Subdivision (PP/FP-03-17). On June 12, 2018, the City Council approved the common area landscaping and parking lot landscaping within Piccadilly Village Subdivision No. 2 (DR -20-18). On June 12, 2018, the City Council approved a Design Review application for a master sign plan for Hill Road Crossing (aka Piccadilly Subdivisions No. 2) for Mark Butler (DR -21-18). On November 27, 2018, the City Council approved a development agreement modification for Mark Butler (RZ-09-00 MOD2). E. COMPANION APPLICATIONS: None F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS. COMP PLAN DESIGNATION Existing Mixed Use Proposed No Change North of site Idaho Transportation Department Right-of-way South of site Mixed Use East of site West of site Commercial Mixed Use ZONING DESIGNATION MU -DA -P (Mixed use with a development agreement, planned unit development No Change Idaho Transportation Department Right-of-way MU -DA -P (Mixed use with a development agreement, planned unit development C -3 -DA (Highway Business District with development agreement) MU -DA -P (Mixed use with a development agreement, planned unit development LAND USE Vacant Lot Mixed -Use with Flex Space East Hill Road Drainage/Utility Easement for Piccadilly Village Subdivision, Lot 15, Block 1 State Highway 55 South Echohawk Lane, Vacant Lot (approved for Childcare Facility (Daycare Center), Single -Family Residence G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. Page 2 of 12 K:\Planning Dept\Eagk Applications\CU120181CU-09-18 Old Town 1 LLC pzf docx H. EXISTING SITE CHARACTERISTICS: The site is vacant with existing perimeter landscaping. I. SITE DESIGN INFORMATION: SITE DATA Total Acreage of Site Percentage of Site Devoted to Building Coverage Percentage of Site Devoted to Landscaping Number of Parking Spaces Front Setback (north) Rear Setback (south) Interior Side Setback Street Side Setback (west) J. GENERAL SITE DESIGN FEATURES: PROPOSED 1.749 acres 25.9 % (approx..) 32.4% (approx.) 60 -parking spaces 22 -feet 20 -feet 5 -feet (for possible placement of lot line between buildings in the future) REQUIRED N/A 50% (maximum) 10% (minimum) To be determined with design review 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 20 -feet 20 -feet (minimum) Number and Uses of Proposed Buildings: Two (2) proposed buildings to be constructed along the south side of the site with parking proposed between the proposed buildings and the pad site. Landscaping is proposed along the perimeter of the site with one entrance from South Echohawk Lane located along the western property line. Flex space and other permitted used as identified within development agreement for the Property are proposed to be used within the two (2) buildings. Height and Number of Stories of Proposed Buildings: Building A is 28 1/2 -feet high, one-story, Building B is 32-fet high, one-story Gross Floor Area of Proposed Buildings: 12,688-sqiare feet Building A (southwest) Building B (southeast) Total = 6,264 -square -feet = 6,424 -square -feet = 12,688 -square -feet On and Off -Site Circulation: An access point from South Echohawk Way enters the site from the west, north of the two (2) proposed buildings to the proposed 24,522 -square foot parking area and loops back out the same access point to South Echohawk Way. K. PARKING ANALYSIS: To be completed with design review. L. PUBLIC SERVICES AVAILABLE: Page 3 of 12 K:1Planning Dcpt\Eagle Applications1CU120181CU-09-18 Old Town 1 LLC pzf.docx The site is serviced by Eagle Sewer District, Suez Water, Eagle Police Department, and 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 — no Mature Trees — yes, around the perimeter of the site Riparian Vegetation — no Steep Slopes — no Stream/Creek— no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Q. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. Idaho Transportation Department Eagle Park, Pathway, and Recreation Eagle Sewer District Andeavor (Tesoro Logistics NW Pipeline) Ada County Highway District Eagle Fire Department Division of Environmental Quality Sawtooth Law (Drainage District #2) 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 Page 4 of 12 K:1Planning Dept\Eagle Applications\CU120181CU-09-18 Old Town 1 LLC pzf docx that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 14, 2017), designates this site as the following: Mixed Use Suitable 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 determin ed 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 Overlay 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. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. B. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL • 2.6 states in part: "All commercial structures shall be limited to one (1) story in height and designed with a residential character with pitched roofs. The aesthetics and design of the commercial structures shall be reviewed and approved by the Piccadilly Village Subdivision Homeowner's Association. Written approval of the architectural design from the Piccadilly Village Subdivision Homeowner's Association shall be submitted with the design review application." C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: Flex Space: Allows for uses that generally require substantial amounts of storage and working area as well as office and/or showroom space. This use is not intended to permit warehousing or manufacturing that has high levels of truck activity. Loading docks shall be at the rear of the Page 5 of 12 K:1Planning Dept\Eagle Applications1CU120181CU-09- 18 Old Town 1 LLC pzfdocx structure, shall be screened from view from street and neighboring uses, and loading ramps shall be a maximum of two feet (2') high to discourage tractor trailer use. Examples of uses include, but are not limited to, custom bookbinding, ceramic studios, candle making shops, custom jewelry manufacture, lighting/plumbing fixture showrooms, small merchandise assembly, and low intensity sales and distribution facilities. Gross floor area of each building used as "flex space" shall be a maximum of thirty thousand (30,000) square feet. Buildings may be comprised of several lease spaces. Hours of operation shall be limited to between six o'clock (6:00) A.M. to ten o'clock (10:00) P.M. • Eagle City Code Section 8-2A-5: DESIGN REVIEW OVERLAY DISTRICTS; EAGLE ARCHITECTURE AND SITE DESIGN BOOK (EASD): E. Eagle Architecture And Site Design Book-EASD: The purpose of the EASD Book is to show, through the use of pictures and text, specific period architectural styles, themes, and elements envisioned through the requirements of this article. The EASD Book, established through a resolution of the City Council and as may be amended through future resolution(s), contains all exhibits referenced in this article and is incorporated herein by reference. However, Exhibit A-1 may only be modified through an ordinance amendment. The architecture styles found in the EASD Book are permitted styles. Architectural styles not shown within the EASD Book will not be considered. A copy of the EASD Book is available at Eagle City Hall. • The development agreement for the Property and Eagle City Code Section 8-2-3 states, in part, that Flex a space located within a MU (Mixed Use) zoning district requires the approval of a conditional use permit. • Eagle City Code Section 8-7-3-5(D): 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. D. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Idaho Code 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 specified by ordinance, subject to such conditions as may be imposed pursuant to a local ordinance drafted to implement subsection (d) of this section. E. DISCUSSION: None STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval with the site-specific conditions of approval and standard conditions of approval provided within the staff report. Page 6 of 12 K:1Planning Dept\Eagle Applications1CU120181CU-09-18 old Town 1 LLC pzf.docx PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on February 4, 2019, 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 one individual who raised a concern regarding the storage of items outside of the building. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DELIBERATION: (Granicus Time 00:31:15) Upon closing the public hearing, the Commission discussed during deliberation that: • The storage of items outside of the building should be prohibited. The owner should monitor the site to assure that the site remains clean and free from the accumulation of outdoor rubbish. Flex space is appropriate as long as the tenant spaces are not used for merely RV storage. The adjacent neighborhood will have an avenue for raising their concerns via the CC&R's. COMMISSION DECISION: The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of CU -09-18 for a conditional use permit for Old Town 1, LLC, for the allowance of flex space within Building A and Building B (uses may also include the permitted uses identified in the approved development agreement (Instrument #2018-030155)) and an interior side yard setback reduction to five feet (5') to accommodate the future placement of a lot line between Building A and Building B with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. 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. 2. The applicant shall submit an approval letter from the Piccadilly Village Homeowner's Association Architectural Review Committee approving the building architecture prior to submittal of a design review application. 3. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design (EASD) book. Architectural styles not shown within the EASD book will not be considered. 4. Outdoor storage is prohibited. 5. Building A and Building B as shown on the site plan date stamped by the City on December 18, 2018, are permitted to include the Flex Space use and all other permitted uses identified within the approved development agreement (Instrument# 2018-030155) and any future development agreement modifications. 6. The hours of operation (for flex space use) shall be limited to the hours between 7:00 a.m. and 10:00 p.m. 7. A reduction of the interior side setback between Building A and Building B to five feet (5') is approved. 8. No signs are proposed with this application and none are approved. 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: Page 7 of 12 K:'Planning DcptlEaglc Applications1CU120181CU-09-18 Old Town 1 LLC pzfdocx 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation Page 8 of 12 K:1Planning Dept\Eagle Applications1CU120181CU-09-18 Old Town 1 LLC pzfdocx entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 10. 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, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable street light inspection fees prior to 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Page 9 of 12 K:\Planning Dcpt\Eaglc Applications\CU\2018\CU.09-18 Old Town 1 LLC pzfdocx 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 24. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). 26. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 27. The conditional use permit approval shall remain valid in the event of a change in ownership. In the event there is a new owner of the property, the new owner(s) shall be bound by the same conditions of approval applicable to the conditional use permit that was transferred. The new owner(s) shall provide written acknowledgment to the City accepting the terms of the transferred conditional use permit within sixty (60) days of purchase and receipt by the new owners of actual notice of the existence of the conditional use permit for the parcel, whichever event occurs later; otherwise, the permit may be declared void after notice and public hearing before the city council. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU - 09 -18) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has Page 10 of 12 K:1Planning Dept\Eagle Applications1CU120181CU-09-18 OId Town 1 LLC pzfdocx concluded that the proposed conditional use: A. Will, in fact, constitute a conditional use as established in Eagle City Code Section 8-2-3 for the zoning district involved since flex space may be permitted within the MU-DA-P (Mixed use with a development agreement, planned unit development) 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), (as shown within the findings provided within this document), since there are no inconsistencies with the Comprehensive Plan and since the proposed flex space use will be located within a MU-DA-P (Mixed use with a development agreement, planned unit development) and the buildings will be architecturally compatible with the surrounding properties and structures within the area, and since the development will be required to meet conditions of a design review application; 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 development will not only be required to meet the City's design review requirements, but will also be required to the meet the requirements noted herein; D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the site is bordered to the west and south by mixed use and bordered to the north and east by a roadway; 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, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; 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 because the entire project will be privately funded by the applicant and all public facilities are available for the project; 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 Ada County Highway District and since the development is not expected to generate any noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property from North Echohawk Way, which is designed as not to create an interference with traffic on surrounding public thoroughfares as approved by Ada County Highway District; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance, since none are apparent at this site. 2. In accordance with Idaho Code 67-6512 (f), the Commission concludes that a waiver for a side yard setback reduction to 5-feet is appropriate and will not change the essential character of the area. 3. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 11 of 12 K:\Planning Dept\Eagle Applications\CU\2018\CU-09-18 Old Town I LLC pzf.docx DATED this I9t" day of February 2019. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: Sharon . Bergmann, Eagle City Clerl Page 12 of 12 K \Planning Dept\Eagle Applications \CU\2018\CU-09-18 Old Town 1 LLC pardocx