Findings - PZ - 2016 - CU-01-16 - Cup For Conforming Use Status For Existing Singlefamily Dwelling In Mu Zonert
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
ESTABLISHING A CONFORMING USE
STATUS FOR AN EXISTING SINGLE-FAMILY
DWELLING UNIT LOCATED WITHIN
THE MU (MIXED USE) ZONING DISTRICT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU -01-16
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on March 7, 2016, 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:
Tim and Debi Shaklee are requesting conditional use permit approval to establish a conforming
use status for an existing single-family dwelling unit located within the MU (Mixed Use) zoning
district. The 0.30 -acre site is located on the north side of East State Street approximately 620 -feet
east of the intersection of South Conover Street and East State Street on Lot 9, Block 1, in Randall
Acres Subdivision at 2152 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, Tuesday, February 2, 2016, in compliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on February 3, 2016.
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 February 16, 2016. 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 February 11, 2016. The site was posted
in accordance with the Eagle City Code on February 22, 2016. Requests for agencies' reviews
were transmitted on February 3, 2016, in accordance with the requirements of the Eagle City
Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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^, F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Mixed use
No Change
Residential Four
Mixed Use
Mixed Use
Mixed Use
ZONING
DESIGNATION
MU (Mixed Use)
No Change
R-4 (Residential)
BP (Business Park)
MU (Mixed Use)
MU (Mixed Use)
LAND USE
Single -Family Residence
Single -Family Residence
East Dunyon Street/Single-
Family Residential (Randall
Acres Sub. No. 15)
East McGrath Road/Mobile
Home
Single -Family Residential
(Randall Acres Sub. No.
15)
Future Cabinet Shop
G. DESIGN REVIEW OVERLAY DISTRICT:
The property is located within the Dunyon/State Development Area (DSDA) overlay district.
H. EXISTING SITE CHARACTERISTICS:
The site contains one (1) existing residential home with a shared single driveway providing access
from East State Street.
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 (South)
Rear Setback (North)
Side Setback (East)
Side Setback (West)
PROPOSED
0.30 -acres (13,068 square
feet)
No Change
N/A
Two (2)
63 -feet
91 -feet
16.5 -feet
10 -feet
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REQUIRED
5,000 -square feet (minimum)
50% (maximum)
N/A
Two (2)
20 -feet (minimum)
20 -feet (minimum)
7.5 -feet (5 -feet additional per
story) (minimum)
7.5 -feet (5 -feet additional per
story) (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Existing Buildings:
One (1) existing building used for residential purposes only.
Height and Number of Stories of Existing Buildings:
The existing single-family dwelling unit is approximately 13.5 -feet high, one story.
Gross Floor Area of Existing Buildings:
The existing single-family dwelling unit is approximately 1,248 -square feet.
On and Off -Site Circulation:
The site is served by a shared driveway which provides ingress/egress to/from East State Street.
K. PUBLIC SERVICES AVAILABLE:
The site is serviced by Eagle Sewer District, Eagle Water Company, and Eagle Fire Department.
L. PUBLIC USES PROPOSED: None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located in proximity to the front of the residence and the driveway
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek— no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. 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:
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Republic Services
Tesoro Logistics NW Pipeline
LETTERS FROM THE PUBLIC:
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Correspondence received from Byron Barker, date stamped by the City on February 3, 2016.
Correspondence received from Lonni Leavitt Barker, date stamped by the City on February 3,
2016.
Correspondence received from John Bennett, date stamped by the City on February 3, 2016.
Correspondence received from Cindie Swaim, date stamped by the City on February 3, 2016.
R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police and
fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of operation
that will be detrimental to any persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The site is designated as Mixed Use on the Comprehensive Plan Land Use Map.
Chapter 6 — Land Use
6.3.10 Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and/or Development Agreement process, see specific planning area text for a complete
description. An allowable density of up to 20 units per 1 acre.
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^, B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8-1-2 defines Dwelling, Single -Family as:
Dwelling, Single -Family: A dwelling consisting of a single dwelling unit only, separated from
other dwelling units by open space. This classification includes manufactured homes and any
home in which eight (8) or fewer supervised unrelated mentally and/or physically handicapped
or elderly persons reside.
• Eagle City Code, Section 8-1-2 defines Dwelling Unit as:
Dwelling Unit: Space within a dwelling comprising living, dining, sleeping room or rooms and
storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all
used by only one family and its household employees.
• Eagle City Code, Section 8-2-1 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 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 states in part that a single-family (existing) dwelling unit
located within a MU (Mixed Use) zoning district requires the approval of a conditional use
permit.
• 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;
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;
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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.
E. DISCUSSION:
• The applicant is requesting conditional use permit approval to establish a conforming use
status of an existing single-family dwelling unit located within the MU (mixed Use) zoning
district. Pursuant to Eagle City Code Section 8-5-2 (A), no existing structure devoted to a use
not permitted by Title 8 in the district in which it is located should 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. With the approval of this
conditional use permit, any additions, alterations, or expansions to the single-family dwelling
unit will be permitted so long as they conform in all respects with the provisions of Eagle City
Code.
• Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved since single-family dwelling units may
be permitted in the MU (Mixed Use) zoning district with the approval of a conditional use
permit;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8)
since there are no inconsistencies with the Comprehensive Plan and since single-family
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dwellings are permitted with the approval of a conditional use permit within the MU
(Mixed Use) zoning district and the Comprehensive Plan designates the site as Mixed
Use;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the single-family
dwelling already exists among other single-family dwelling units in the area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
single-family dwelling already exists among other single-family dwelling units in the area;
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 since the site is already developed and served
by Eagle Sewer District, Eagle Water Company, and Eagle Fire Department;
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
infrastructure is already in place to serve the single-family dwelling unit;
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 site
consists of a residential use that is not expected to deviate from those activities;
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 site is served by an
existing driveway;
I. Will not result in the destruction, Loss or damage of a natural, scenic or historic feature of
major importance since there are no scenic or historic features of major importance on the
site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the following site
specific conditions of approval and standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March 7,
2016, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission. By
no one (other than the applicant/representative).
COMMISSION DELIBERATION: (Granicus time 00:04:31)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The application was amiable at every level.
• The applicant did a good job at laying out the project for surrounding neighbors.
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COMMISSION DECISION:
The Commission voted 4-0 to recommend approval of CU -01-16 for a conditional use permit to establish a
conforming use status for an existing single-family dwelling unit located within the MU (Mixed Use)
zoning district for Tim and Debi Shaklee, with the following staff recommended site specific conditions of
approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. A single-family dwelling unit is the only use approved with this conditional use permit. Any additions,
alterations, or expansions to the single-family dwelling unit are permitted and must comply in all
respects with the Eagle City Code at the time of issuance of a building permit (ECC 8-2-3).
2. 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 completion.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho
Transportation Department, including but not limited to approval of the drainage system, curbs,
gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall
be submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured
prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho
Department of Water Resources 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.
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All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an
organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that any
ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has
been made in such a manner that the flow of water will not be impeded or increased beyond carrying
capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or
interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works
Construction. A copy of such written approval and certification shall be filed with the construction
drawing and submitted to the City prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs first.
9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not
be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for
irrigation water or irrigation waste water without the express written approval of the organized
irrigation district, canal company, ditch association, or other irrigation entity associated with such
ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from
the irrigation entity prior to the City Clerk signing the final plat.
10. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of
installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public
right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs
first. Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant.
The applicant shall pay applicable street light inspection fees prior to 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
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gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy,
whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department
prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first.
14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area
designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway
shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to issuance of a
building permit or Certificate of Occupancy, whichever occurs first.
15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City
Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a building
permit or Certificate of Occupancy, whichever occurs first.
16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to issuance of a building permit or Certificate of
Occupancy, whichever occurs first.
17. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
18. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit or
Certificate of Occupancy, whichever occurs first.
19. Basements in the flood plain are prohibited.
20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and construction
shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the
Commission and/or Council.
21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may
elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for
review and approval.
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
22.
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of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning
Commission approval date).
26. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for any
and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU -
01 -16) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and
has concluded that the proposed conditional use:
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City
Code Title 8) for the zoning district involved since single-family dwelling units may be permitted
in the MU (Mixed Use) zoning district with the approval of a conditional use permit;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8), since there are no
inconsistencies with the Comprehensive Plan and since single-family dwellings are permitted with
the approval of a conditional use permit within the MU (Mixed Use) zoning district and the
Comprehensive Plan designates the site as Mixed Use;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use will not
change the essential character of the same area since the single-family dwelling already exists
among other single-family dwelling units in the area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the single-family
dwelling already exists among other single-family dwelling units in the area;
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 since the site is already developed and served by Eagle Sewer District, Eagle
Water Company, and Eagle Fire Department;
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 infrastructure is
already in place to serve the single-family dwelling unit;
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 site consists of a residential use
that is not expected to deviate from those activities;
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 site is served by an existing driveway;
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major
importance since there are no scenic or historic features of major importance on the site.
4. 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:WLuu ing Ikpl1Eagk Applicaiions1CU\2O161CU-01.16 Single -Family (hulling pii duc
DATED this 21" day of March, 2016.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
Trent Wright, Chairman
ATTEST:
,t ," Sinn
Sharon K. Bergmann, Eagle City Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
Page 12 of 12
K.p'Iannmg Ileppl:agle Appluroun.U'1i120111C'U-01-I6 Singh. -I anuli Ihsellmg pit Joe
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