Findings - PZ - 2025 - CU-10-23 - 2372 EAST STATE STREET - APPLICATION FOR A CONDITIONAL USE PERMIT FOR INDUSTRY, CUSTOM AND LIMITED AND WAIVERS OF EAGLE CITY CODE TITLE 8BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A CONDITIONAL USE PERMIT FOR
INDUSTRY, CUSTOM AND LIMITED AND
WAIVERS OF EAGLE CITY CODE TITLE 8
FOR BASERRI, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-10-23
The above -entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on February 3, 2025, 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:
Baserri, LLC, represented by Walter Lindgren with Lindgren:Labrie Architecture is requesting
conditional use permit approval for "Industrial, Custom and Limited" for uses including ornamental
steel fabrication (44 Iron Design), cabinet shop, sign shop, upholstery shop, and woodworking shop,
and for waivers of Eagle City Code Title 8 regarding sidewalk installation, driveway improvements,
and landscape requirements. The .30-acre site is located on the north side of East State Street
approximately 232-feet west of the intersection of South Parkinson Street and East State Street at
2372 East State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held Wednesday, July 19, 2023 at 6:00 PM in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on October 10, 2023. A revised narrative and site plan were received by the City of
Eagle on March 5, 2024.
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 7, 2025. Notice of this public hearing was mailed to property owners within five -
hundred -feet (500-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on January 7, 2025. The site was posted in accordance
with the Eagle City Code on January 10, 2025. Requests for agencies' reviews were transmitted on
March 5, 2024, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 4, 1996, the City approved a design review application for the Boise Garage Door
Company building. (DR-15-96)
E. COMPANION APPLICATIONS:
There are no companion applications.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
MU (Mixed Use)
No approved use
Proposed
No Change
No Change
Industry (Custom and Limited),
including a cabinet shop,
woodworking shop, upholstery
shop, and sign shop
North of site
Compact Residential
R-6-DA-P
Single -Family Residential
(Residential with a
development
agreement — PUD)
South of site
Mixed Use
BP (Business Park)
Mobile Home Park
East of site
Mixed Use
MU (Mixed Use)
Mixed use development
(Parkinson Mixed Use Condos)
West of site
Mixed Use
MU (Mixed Use)
Mixed use development including
commercial, retail, and indoor
commercial entertainment facility
G. DESIGN REVIEW OVERLAY DISTRICT:
The site is located within the DSDA (Dunyon/State Development Area). The purpose of the DSDA is
to allow unique regulations specific to this district to facilitate the redevelopment of the area [ECC 8-
2A-5(C)(4)].
H. URBAN RENEWAL DISTRICT:
The site is located within the East End Area of the Urban Renewal District.
I. EXISTING SITE CHARACTERISTICS:
The site consists of one (1) 5,040-square foot industrial building currently occupied by 44 Iron
Design, an ornamental steel fabricator. The long, rectangular -shaped building is composed of
Concrete Masonry Unit (CMU) walls and a simple gable roof form with a hunter green metal roof and
rake fascia at each end. Accents at the south (front) elevation include three (3) structural wood poles,
which appear to support the roof overhang, and cultured stone veneer base accents at both the poles
and the front of the building. The east wall includes three (3) large sectional doors and two (2) hollow
metal doors. The building and adjacent yard are currently enclosed by a non -compliant 6-foot-high
perimeter chain link fence with sliding gates that provide access to the drives on East State Street and
East Dunyon Street. Parking is currently designated within unmarked gravel -top areas beyond the
perimeter fence and within the rights -of -way of both streets.
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J. SITE DESIGN INFORMATION:
SITE DATA
PROPOSED
REQUIRED
Total Acreage of Site
0.30-acres (13,068-square feet)
5,000-square feet (minimum)
Percentage of Site Devoted to
Building Coverage
39%
50% (maximum)
Percentage of Site Devoted to
Landscaping
12%
10% (minimum)
Number of Parking Spaces
8-parking spaces
8-parking spaces
Front Setback
25-feet
15-feet (minimum)
Rear Setback
25-feet
15-feet (minimum)
Side Setback
30-feet
5-feet (minimum)
Side Setback
5-feet
5-feet (minimum)
K. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The site consists of one (1) existing 5,040-square foot building currently occupied by 44 Iron Design,
an ornamental steel fabricator. No new buildings are proposed with this application. A new southern
(front) fagade is proposed, with new parking and fencing.
Height and Number of Stories of Proposed Buildings: Approximately 22-feet high, one (1) story
Gross Floor Area of Proposed Buildings: 5, 040-square feet
Shop:
= 4,740-square feet
Office:
= 300-square feet
Total
= 5,040-square feet
On and Off -Site Circulation:
The site contains two 26-foot wide entrances; one (1) entrance from East State Street (southern
entrance) and one (1) entrance from East Dunyon Street (northern entrance).
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L. PARKING ANALYSIS:
Required Total for Tenant Area [based on Industry (Custom) parking requirements]:
Industrial:
1/1000-square feet
4,740/1000
4.7 parking spaces
Office:
1/300-square feet
300/300
1 parking space
Total Parking Required
6 parking spaces
Required Total for Tenant Area [based on Industry (Limited) parking requirements]:
Industrial:
1/750-square feet
4,740/750
6.3 parking spaces
Office:
1/300-square feet
300/300
1 parking space
Total Parking Required
8 parking spaces
Total Existing
8 parking spaces
• Eagle City Code Section 8-4-5 requires 1 parking space per 1000-square feet of gross floor area
for "Custom Industrial" uses.
• Eagle City Code Section 8-4-5 requires 1 parking space per 750-square feet of gross floor area
from "Limited Industrial" uses.
• Eagle City Code Section 8-4-5 requires 1 parking space per 300-square feet of gross storage area
for "Office" uses under the Industrial classification.
M. PUBLIC SERVICES AVAILABLE:
This site is serviced by the Eagle Sewer District, Veolia, Eagle Police Department, and Eagle Fire
Department.
N. PUBLIC USES PROPOSED:
No public uses are proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:
No map currently exists.
P. SPECIAL ON -SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek— no
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — unknown
Wildlife Habitat — unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (EAP):
A summary of review of an EAP is not required with this application.
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R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Ada County Highway District
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Eagle Historical Preservation Committee
Idaho Transportation Department
S. LETTERS FROM THE PUBLIC:
No letters from the public have been received to date.
T. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission and 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
Will not result in the destruction, loss or damage of a natural, scenic or historic -feature of major
importance.
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THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS
THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S
FINDINGS OF FACT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 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 determined on a site by
site basis. Uses should complement and not take away from downtown Eagle. Development within
this land use designation should be required to proceed through the PUD and/or development
agreement process.
CHAPTER 10: COMMUNITY DESIGN
10.1 Background
This chapter will establish goals, objectives and implementation strategies related to Community
Design and the overarching themes that the community is seeking to establish and maintain.
The key elements of community design that the City of Eagle desires to see and implement as the city
develops are (in part):
A clearly identifiable and unique community that people want to live and visit;
The rural feel and charm of a small town in which downtown Eagle functions as the heart of the
community;
10.3 Community Design Objectives
A. Create a clearly identifiable community.
B. Enhance the appearance of the City. Design review procedures should guide future development
and redevelopment of existing uses. Depending on land uses and buildings, more extensive
landscaping and fewer points of access may be required.
ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
Eagle City Code defines Custom Industry as: Establishments primarily engaged in on site
production of goods by hand manufacturing involving the use of hand tools and small-scale
equipment.
Eagle City Code defines Limited Industry as: Includes mechanical equipment not exceeding two
(2) horsepower, a single kiln not exceeding eight (8) kilowatts and the incidental direct sale to
consumers of only those goods produced on site. Typical uses include custom bookbinding,
ceramic studios, candle making shops, and custom jewelry manufacturing.
• Eagle City Code Section 8-2-3 states, in part, that Custom and Limited Industry, cabinet shop,
sign shop, upholstery shop, and woodworking shop facilities located within an MU (Mixed Use)
zoning district require the approval of a conditional use permit.
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• Eagle City Code Section 8-2A-1: Design Review Overlay District: General Applicability:
This article applies to all proposed development located within the Design Review Overlay
District which shall include the entire City limits, and any land annexed into the City after the
date of adoption hereof. Such development includes, but is not limited to, new commercial,
industrial, institutional, office, multi -family residential projects, signs, common areas, subdivision
signage, proposed conversions, proposed changes in land use and/or building use, exterior
remodeling or repainting with a color different than what is existing, exterior restoration, and
enlargement or expansion of existing buildings, signs or sites, and requires the submittal of a
design review application pursuant to this article and fee as prescribed from time to time by the
City Council.
• Eagle City Code Section 8-2A-5(E): Design Review Overlay Districts; Eagle Architecture and
Site Design Book (EASD):
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.
• Eagle City Code Section 8-2A-6(F) Dunyon/State Development Area: DSDA shown on exhibit
A-1 within the EASD book:
1. Purpose: To improve the livability, desirability, and character of the DSDA area and to
encourage new development by providing unique regulations specific to this district.
2. Setbacks and Site Design:
a. Front and Rear Setbacks: Front and rear building setbacks from the property line shall be
fifteen (15') minimum.
b. Side Setbacks: Side building setbacks shall be five (5') minimum.
c. Pedestrian Amenities: Front and rear setbacks shall be for pedestrian amenities and the
City encourages joint efforts between adjoining property owners. Suggested amenities
include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in
moveable planters, outdoor dining, plaza, streetscape extensions and bike racks.
d. Site and Landscape Design: At the discretion of the design review board, the following
may be considered when the board finds that the site has been designed in harmony with
the design guidelines, objectives and considerations noted within subsection A of this
section:
(1) Interior and perimeter parking lot landscape area dimensions may be reduced.
(2) The minimum required landscaping between the building and the property line may
be reduced when the design review board finds that the building's design style and
architecture serves as an appropriate buffer to the adjacent property.
• Eagle City Code Section 8-2A-6(B)(3)(e): Fences:
Dog ear cedar, fir, chain link, barbwire, razor wire, and similar high maintenance and/or
unsightly fencing is prohibited.
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• Eagle City Code Section 8-2A-7(J): Buffer Areas/Common Lots:
1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical
elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically
separate and visually screen adjacent land uses which are not fully compatible due to
differing facilities, activities, or different intensities of use, such as townhouses and a
convenience store, or a high volume roadway and residential dwellings.
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten -foot (10') wide by six-
foot (6') high landscaped buffer is required.
b. When a parking lot abuts a residential activity, a five-foot (5') wide by six-foot (6') high
landscaped buffer is required.
• Eagle City Code Section 8-2A-7(K)(2): Parking Lot Landscape Strip:
A landscape strip shall be provided when a parking lot is located adjacent to a public right-of-
way. The landscaped strip shall serve to shield views of parked cars to passing motorists and
pedestrians, and to establish coordination among architecturally diverse buildings, which creates
a pleasing, harmonious appearance along the roadway.
• Eagle City Code Section 8-2A-7(L): Landscape Commercial Strips:
1. Landscaped strips shall be provided between all building development and public rights -of -
way to lend continuity among different architectural styles, screen unsightly views, establish
a pleasing view for motorists, and create a safe and pleasant corridor for pedestrians.
a. The landscaped strip shall be ten feet (10') wide minimum and planted with one shade
tree and ten (10) shrubs for every thirty-five (35') of street frontage. Two (2) ornamental
or two (2) evergreen trees may be substituted for one shade tree.
• Eagle City Code Section 8-2A-7(M): Parkway Strips, Separated Sidewalks, And Street Trees:
1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks
shall be separated from the curb along all streets. Sidewalks shall be required when space
permits. An eight -foot (8') wide minimum parkway planter strip planted with shade class
(class II) trees shall be required between the sidewalk and street to provide a canopy effect
over streets.
2. In all required applications, excluding residential developments, one street tree, selected from
the approved tree list in subsection Q of this section, shall be planted per thirty-five (35)
linear feet of street frontage.
4. In all cases, any planting within public rights of way shall be with approval from the public
and/or private entities owning the property.
• Eagle City Code Section 8-3-2(D): Enclosed Trash/Recycle Areas:
All trash and/or garbage collection areas for commercial, industrial, and multi -family residential
uses shall be enclosed on at least three side by a solid wall or fence of at least four feet (4') in
height, and a solid wood gate on a metal frame shall enclose the fourth side, or shall be within an
enclosed building or structure. Adequate vehicular access to and from such areas for collection of
trash and/or garbage as determined by the administrator shall be provided.
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• Eagle City Code Section 8-3-3(B)(2): Fences
New fencing located adjacent to any street identified as a collector or arterial on the master street
map typologies map in the Eagle comprehensive plan, and on the street side of all corner lots,
shall be an open fencing style such as wrought iron or similar see through, decorative, durable
fencing material, except as otherwise may be permitted in subsection 8-2A-7J of this title. Any
wooden fence that existed prior to the effective date hereof, may be rebuilt upon the fence's
original footprint provided the fence has a picture frame appearance as shown in the EASD book.
• Eagle City Code Section 8-4-3 Design and Maintenance:
A. Paving: The required number of parking and loading spaces as set forth in this chapter,
together with driveways, aisles, and other circulation areas, shall be improved with material
such as asphalt or concrete, to provide a durable and dust free surface. Gravel or dirt surfaces
shall not be permitted.
Eagle City Code Section 8-4-4-2: Additional Design and Maintenance Regulations and
Requirements:
A. Site And Building Lighting:
1. All parking areas shall be illuminated in accordance with the provisions of this chapter.
2. Any lights used to illuminate a site and building shall be arranged to reflect the light
away from the adjoining property.
Except as noted in subsection A4 of this section, all site and building lighting shall be
recessed or shielded to direct all light downward and the source of the light (including the
lamp and any nonopaque material/lens covering the lamp) shall not be directly visible by
a person of average height standing on the property line of any public right-of-way, or
any private street, or on the property line of any residentially zoned parcel of land or
parcel of land used for residential purposes.
• Eagle City Code Section 8-7-3-1:
B. Interpretation of Conditional Use: Any use which is permitted as a conditional use in a
district under the terms of this title shall not be deemed a nonconforming use in such district,
but shall, without further action, be considered a conforming one.
C. Exceptions or waivers of standards within Title 8 or Title 9, other than use, inclusive of the
subject matter addressed by Section 8-7-4-2 or Section 9-6-3 "Variances" may be permitted
through issuance of a conditional use permit.
Eagle City Code Section 8-7-3-5(D): Conditions of Permit: Upon 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.
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C. IDAHO CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
0 67-6512 Special Use Permits, Conditions, and Procedures:
(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.
DISCUSSION:
The uses that are requested are defined within the Eagle City Code as Industry (Custom) and Industry
(Limited). The applicant is proposing the following uses within the building under the Industry
(Limited) and Industry (Custom) land use classifications: ornamental steel fabrication, a cabinet shop,
sign shop, upholstery shop, and woodworking shop. Pursuant to Eagle City Code Section 8-2-3,
Industry (Custom) and Industry (Limited) are conditional uses within the MU (Mixed -Use) zoning
district. The site is currently zoned MU (Mixed -Use) and is shown on the City of Eagle
Comprehensive Plan Land Use Map as Mixed Use.
• The existing 5,040-square foot building is currently occupied by 44 Iron Design, an ornamental steel
fabricator. The applicant is requesting conditional use permit approval to allow Industry (Custom and
Limited) uses including ornamental steel fabrication, a cabinet shop, sign shop, upholstery shop, and
woodworking shop.
• The applicant is requesting multiple uses on site. Based on the most restrictive parking requirements
(Industry [Limited]), the site should have a minimum of 8 parking spaces.
The applicant has submitted plans showing an updated building facade which does not appear to
conform to one of the approved architectural styles within the Eagle Architecture and Site Design
Book. The applicant should be required to submit revised building elevations which show a building
facade that conforms to one of the approved architectural styles within the Eagle Architecture and Site
Design Book to be reviewed and approved by the Design Review Board and City Council.
-OR-
A waiver of Eagle City Code Section 8-2A-5(E) may be granted with this application and the proposed
architectural style of the building facade be deemed acceptable, pursuant to review and approval by the
Design Review Board and City Council.
View from East State Street
View from East Dunyon Street
Proposed Updated Building Fagade
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Pursuant to Eagle City Code Section 8-2A-7(J)(2)(a), when a commercial or industrial use abuts a
residential use, a ten foot (10') wide by six foot (6') high landscaped buffer is required. Within the
DSDA (Dunyon/State Development Area), pursuant to Eagle City Code Section 8-2A-6(F)(d)(1-2), at
the discretion of the Design Review Board and City Council, (1) interior and perimeter parking lot
landscape area dimensions may be reduced, and (2) the minimum required landscaping between the
building and property line may be reduced when the Design Review Board finds that the building's
design style and architecture serves as an appropriate buffer to the adjacent property. The applicant is
requesting a reduction of the required landscape strip between the existing building and the western
property line, which abuts a residential property.
The existing building precludes the applicant from installing a ten -foot (10') wide by six-foot (6') high
landscaped buffer because there is only five -feet (5') between the existing building and western
property line. The applicant is proposing to install five -feet (5') of landscaping along the western
perimeter of the site between the building and the property line.
A waiver of Eagle City Code Section 8-2A-7(J)(2)(a) may be granted with this application, and the
required landscape buffer may be reduced to 5-feet (5') wide along the western perimeter of the
property (between the existing building and the western property line).
View of Existing Building and Western Property Line from Dunyon Street
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The applicant is also requesting a reduction of the required 10-foot wide landscape strip between the
parking lot and right-of-way on both the north and south sides of the site. Pursuant to Eagle City Code
Section 8-2A-7(K)(2)(a), a ten -foot (10') wide landscape strip is required between the right-of-way
and the parking lot, planted with a minimum of one shade tree and ten (10) shrubs per thirty-five (35)
linear feet of street frontage, excluding driveway openings. Adjacent to the right-of-way, the applicant
is proposing a reduced, 5-foot (5') landscape strip including a minimum of one (1) shade tree and five
(5) shrubs per thirty-five (35) linear feet of street frontage, excluding driveway openings.
The applicant should provide a revised site plan showing a 10-foot (10') wide landscape strip between
the parking lot and right-of-way on both the north and south sides of the site, planted with a minimum
of one shade tree and ten (10) shrubs per thirty-five (35) linear feet of street frontage, excluding
driveway openings;
-OR-
A waiver of Eagle City Code Section 8-2A-7(K)(2)(a) may be granted with this application, and the
required landscape strip between the parking lot and right-of-way on both the north and south sides of
the site may be reduced to 5-feet (5'), including a minimum of one (1) shade tree and five (5) shrubs
per thirty-five (35) linear feet of street frontage, excluding driveway openings.
Curb, gutter, and sidewalk are not currently present along East State Street or East Dunyon Street.
Eagle City Code Section 9-4-1-3 "Curbs and Gutters" and Section 9-4-1-6 "Pedestrian/Bicycle
Pathway and Sidewalk Regulations" requires the installation of curb, gutter, and sidewalk along East
State Street and East Dunyon Street. As part of this conditional use permit, the applicant is requesting
a waiver of this requirement. The City received correspondence from Ada County Highway District,
date stamped by the City on October 19, 2023, indicating that they do not recommend installing curb,
gutter, and/or sidewalk as a condition of this application.
Waivers of Eagle City Code Sections 9-4-1-3 and 9-4-1-6 may be granted and the installation of curb,
gutter, and sidewalk along East State Street and East Dunyon Street may not be required with this
application upon final approval by the City Council.
The applicant has submitted an application to the Ada County Highway District to enter into a license
agreement for parking and landscaping within 25-feet of the right-of-way located on the south side of
the site (adjacent to State Street). The proposed site plan shows two parking spaces and landscaping
located within the portion of the right-of-way that is associated with the proposed license agreement. If
the applicant is unable to secure the license agreement for this portion of the property, the applicant
should be required to provide a revised site plan showing adequate parking for the most restrictive use
proposed in this application (Industry [Limited]).
The applicant should provide an executed copy of the license agreement for the parking area and
landscaping located within the ACHD right-of-way prior to issuance of a zoning certificate.
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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 3, 2025, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
C. Oral testimony in opposition to the application was presented before the Planning and Zoning
Commission by no one.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission made a motion based upon the information provided by
staff and the testimony received. A summary of the deliberation can be found at the following link
(Granicus time: 00:04:42):
hops://ea lge-id.,Qranicus.com/player/clipi2024
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-10-23 for a conditional use permit for
Industry, Custom and Limited, ornamental steel fabrication (44 Iron Design), cabinet shop, sign shop,
upholstery shop, and woodworking shop with the following site specific conditions of approval and
standard conditions of approval, with underline text to be added by the Commission and strikethrough
text to be removed by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Industry (Custom), Industry (Limited), ornamental steel fabrication, cabinet shop, sign shop,
upholstery shop, and woodworking shop are the only uses approved with this conditional use permit.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice
by the City, whichever occurs first.
3. The site shall have a minimum of eight (8) parking spaces.
4. The applicant shall be required to submit a design review application to be reviewed and approved
by the Design Review Board and City Council prior to the issuance of a zoning certificate.
5. The applieant shall be r-equir-ed to submit FOViSed building eleyeAiefis whieh show a building fagade
tha4 raenfeFms to one of the appr-eved ar-rahiteetoml styles within the Eagle Ar-ehiteetur-e and Site
Design Book to be Feviewed and appFeved by the Design Review Board and City Cetifleil.
OR
A waiver of Eagle City Code Section 8-2A-5(E) is granted with this application, and the proposed
architectural style of the building fagade shall be acceptable, pursuant to review and approval by the
Design Review Board and City Council.
6. The applicant shall enter into a license agreement with Ada County Highway District for 25-feet of
the right-of-way located on the south side of the site to allow for parking. If the applicant is unable to
secure a license agreement for this portion of the site, the applicant shall be required to provide a
revised site plan showing adequate parking for the most restrictive use proposed in this application
(Industry, Limited). The applicant shall provide an executed copy of the license agreement for the
parking area and landscaping located within the ACHD right-of-way prior to issuance of a zoning
certificate.
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A waiver of Eagle City Code Section 8-2A-7(J)(2)(a) is granted with this application, and the
required landscape buffer is reduced to 5-feet (5') wide along the western perimeter of the property
(between the existing building and the westefa pr-epef4y . Landscaping may not be require
between the existing building and the western properly line.
The applieant shall previde a r-evised site plan showing a 10 feet (10') wide landseape Stfip between
the PaFkifig let and Fight ef way on both the nefth and seuth sides of the site, planted with -a
minimum of ene ode tFee and te., ii m shi- bs per- thirty five (35) lineff feet f street frentag ,
-OR-
A waiver of Eagle City Code Section 8-2A-7(K)(2)(a) is granted with this application, and the
required landscape strip between the parking lot and right-of-way on both the north and south sides
of the site shall be reduced to 5-feet (5'), including a minimum of one (1) shade tree and five (5)
shrubs per thirty-five (35) linear feet of street frontage, excluding driveway openings.
9. A waiver of Eagle City Code Sections 9-4-1-3 and 9-4-1-6 is granted and the installation of curb,
gutter, and sidewalk along East State Street and East Dunyon Street is not required with this
application.
10. 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.
11. No signs are proposed with this application, and none are approved.
12. Outdoor storage is prohibited.
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 and 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.
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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, 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 issuance of any 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.
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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 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.
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.
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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.
CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of the proposed conditional uses
(CU-10-23) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses"
and has concluded that the proposed conditional uses:
A. Will, in fact, constitute conditional uses as established in Eagle City Code Section 8-2-3 since
Industry (Custom and Limited), cabinet shop, sign shop, upholstery shop, and woodworking shop
may be permitted within the MU (Mixed Use) zoning district with the approval of a conditional
use permit;
Eagle City Code Section 8-7-3-1 allows for exceptions or waivers of standards within Title 8 or
Title 9, other than use, through the issuance of a conditional use permit. The applicant has
requested waivers of Eagle City Code Section 8-2A-5(E) since the architectural style of the
existing building does not conform to one of the nine (9) required architectural styles of the Eagle
Architecture and Site Design (EASD) Book, Eagle City Code Sections 8-2A-7(J)(2)(a) and 8-2A-
7(K)(2)(a) for reductions of the required landscaping, and Eagle City Code Section 8-2A-7(M) to
waive the requirement for installation of a sidewalk along State Street and Dunyon Street.
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 the
proposed land uses are consistent with the Mixed Use Designation as defined within the
Comprehensive Plan, and since Industry (Custom and Limited), cabinet shop, sign shop,
upholstery shop, and woodworking shop are permitted with the approval of a conditional use
permit within the MU (Mixed Use) zoning district;
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 because the proposed uses and site design
were reviewed and determined by the Commission to be compatible with the general design of
the surrounding area. The site is located within the Dunyon State Development Area (DSDA) —
Eagle City Code Section 8-2A-6(F) states that properties within the DSDA are subject to reduced
setbacks and flexible site and landscape design requirements to encourage development which
enhances the livability, desirability, and character of the area. Furthermore, the building and site
design will be further evaluated by the Design Review Board and City Council since the applicant
is required to submit a design review application for review and approval prior to issuance of a
zoning certificate.
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D. Will not be hazardous or disturbing to existing or future neighborhood uses since the proposed
uses (Industry [Custom and Limited], cabinet shop, ornamental steel fabrication, sign shop,
upholstery shop, and woodworking shop) do not involve any hazardous materials, as confirmed
by the testimony of the applicant's representative. Additionally, the conditions of the application
prohibit any outdoor storage and require that the applicant maintain the parking lot and outdoor
areas in good condition, free of holes, dust, weeds, and other debris;
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 herein;
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 applicant will
bear all costs of development;
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, as evidenced by the Ada County
Highway District (ACHD) review letter, included in the staff report and incorporated herein by
reference, whereby no sidewalks were required and no other traffic concerns were identified.
Additionally, the development is not expected to generate excessive noise, smoke, fumes, glare,
or odors, as described within the applicant's narrative dated October 10, 2023 and supported by
the testimony provided by the applicant's representative;
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 ACHD review letter, included within
the staff report and incorporated herein by reference, indicates that ACHD is not requiring any
modifications to the existing vehicular approaches or access to the site as part of this application;
and
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.
2. The existing building on site does not conform to any of the nine (9) required architectural styles
within the Eagle Architecture and Site Design (EASD) Book, as required by Eagle City Code Section
8-2A-5(E). Since there are provisions within Eagle City Code Section 8-2A-6 which relax the site and
landscape design requirements for properties located within the DSDA, and the proposed building
facade and overall site design are consistent with the general design of the surrounding Dunyon State
Development Area, the Commission concludes that a waiver of Eagle City Code Section 8-2A-5(E) is
appropriate.
3. The applicant has requested a waiver of Eagle City Code Section ' 8-2A-7(.1)(2)(a) to reduce the
requirement of a 10-foot wide landscape buffer to a 5-foot wide landscape buffer along the western
boundary of the property. Since the existing building is located only 5-feet from the western property
line and it is not possible for the applicant to install the full 10-foot wide landscape buffer, and
considering that Eagle City Code Section 8-2A-6(F) allows for the reduction of landscaping
requirements within the DSDA where the building's design serves as an appropriate buffer, the
Commission concludes that this waiver is appropriate and it is not practical to enforce this
requirement since the building itself serves as an adequate buffer between the site and the adjacent
residential property. In areas along the western perimeter where the building is not present, the
applicant will install a 5-foot wide landscape buffer which will provide appropriate separation to the
adjacent property.
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4. The Commission concludes that a waiver of Eagle City Code Section 8-2A-7(K)(2)(a) (the
requirement to install a 10-foot wide landscape buffer where a parking lot is adjacent to a public
right-of-way) is appropriate since the proposed 5-foot wide landscape strips will provide an adequate
visual buffer to meet the intent of the Code. Additionally, this landscaping approach aligns with
similar landscaping designs for other properties within the DSDA, where flexibility in landscaping
design is allowed to encourage unique site design and improve the desirability and character of the
area.
5. The Commission concludes that a waiver of Eagle City Code Section 8-2A-7(M) (the requirement to
install a sidewalk along East State Street and East Dunyon Street) is appropriate since this approach is
consistent with the other properties in the Dunyon/State Development Area (DSDA), where sidewalk
improvements have not been required. Additionally, the City anticipates that ACHD may install
sidewalks along Dunyon Street and State Street as part of a future roadway improvement project.
6. Failure to comply with all provisions and any condition of approval of this conditional use permit
may result in a compliance hearing in front of the City Council at which time the Council may add
conditions to the permit, modify existing permit conditions, or revoke all or part of the permit.
7. 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 18th day of February 2025
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
(� - 0.�
Trent Wright, Chairman
ATTEST:
Tracy E. , Eagle City Clerk
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