Findings - CC - 2019 - CU-09-18 - Cup For Flex Space Use And Side Yard Setback Reduction To 5'BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action
on February 26, 2019, 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:
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.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 9,
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 February 6, 2019. The site was posted in accordance with the Eagle
City Code on February 15, 2019.
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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
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
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
COMP PLAN
DESIGNATION
Mixed Use
Proposed No Change
North of site Idaho Transportation
Department Right-of-way
South of site Mixed Use
East of site Commercial
West of site 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.
H. EXISTING SITE CHARACTERISTICS: The site is vacant with existing perimeter landscaping
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 1.749 acres 5,000 -square feet (minimum)
Percentage of Site Devoted to Building 25.9 % (approx..) 50% (maximum)
Coverage
Percentage of Site Devoted to 32.4% (approx.) 10% (minimum)
Landscaping
Number of Parking Spaces 60 -parking spaces To be determined with design
review
Front Setback (north) 22 -feet 20 -feet (minimum)
Rear Setback (south) 20 -feet 20 -feet (minimum)
Interior Side Setback 5 -feet (for possible 7.5 -feet (minimum)
placement of lot line
between buildings in
the future)
Street Side Setback (west) 20 -feet 20 -feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
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'/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) = 6,264 -square -feet
Building B (southeast) = 6,424 -square -feet
Total = 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:
The site is serviced by Eagle Sewer District, Suez Water, Eagle Police Department, and Eagle Fire
Department.
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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
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.
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 CODE 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
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
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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.
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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 site specific conditions of approval and
standard conditions of approval provided within their findings of fact and conclusions of law document,
dated, February 19, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 26, 2019, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by two (2) individuals
(other than the applicant/representative) who indicated the following:
• Old Town 1, LLC has worked with the Homeowner's Association to ensure the members have been
informed regarding flex space as a possible use in the commercial buildings.
• The concerns of members of the Homeowner's Association have been addressed and added to the
CC&R's with fines put in place for potential tenants or owners who do not follow the CC&R's.
D. Oral testimony was presented to the City Council by the applicant's realtor who indicated the following:
• Overhead doors should be available as an option to all 10 units within the two (2) commercial
buildings. Businesses may have a lot of glass in the overhead doors for coffee shop type businesses
that want to bring the outdoor in and can open up the overhead door as well, or businesses that need
more privacy, will have less glass up higher on the door.
• Overhead doors are necessary for loading and unloading supplies and equipment related to the
tenant or owner in that particular space.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve 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 Planning and Zoning Commission 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:
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
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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
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.
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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.
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.
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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 Council 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
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;
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2.
D. Will not be hazardous or disturbing to existing or future neighborhood uses, since the proposed
business activities will be contained within the building. The site will include buildings which have
been changed in accordance with the Eagle Architectural and Design Book and landscape features
that will be harmonious with the neighborhood and 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, 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 he detrimental to the economic welfare of the community because the entire project
will he 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 the 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 the
Ada County Highway District; and
I. Will not result in the destruction, Toss or damage of a natural, scenic or historic feature of major
importance, since none are apparent at this site.
In accordance with Idaho Code 67-6512 (f), the Council 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.
DATED this 12''' day of March 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada nty, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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