Findings - CC - 2001 - PPUD-8-00/CU-21-00 - Multi Phase Mixed Use Planned Development/33 Acres
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE
PERMIT FOR CAMILLE BECKMAN COMMERCIAL
INDUSTRIAL PLANNED UNIT DEVELOPMENT
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PPUD-8-00/CU-21-00
The above-entitled planned unit development preliminary development plan and conditional use permit
applications came before the Eagle City Council for their action on March 6, 2001. 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:
Camille Beckman, represented by Chris Korte with Land Dynamics, is requesting planned
unit development preliminary development plan and conditional use approval for a multi-
phased mixed use planned development with uses including manufacturing, production,
packaging, and office facilities, English cottage style shops, showrooms, bed and breakfast
accommodations, gardens, amphitheater and other similar uses. The 33-acre site is located
on the south side of State Highway 44 and east of the intersection with Park Lane.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on November 22, 2000.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on December 30, 2000. 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 December 26, 2000. Requests for agencies' reviews were transmitted on
November 27, 2000 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 for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 17, 2001. 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 14,
2001.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS:
On March 21, 2000, the City of Eagle approved a rezone for this site to MU-DA (Mixed
Use with Development Agreement).
E.
COMPANION APPLICATIONS: DR-OI-0l
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Mixed Use MU-DA (Mixed Use with Vacant/Pasture
Development Agreement)
Proposed No Change No Change Multi-phased Commercial/
Industrial planned
development
North of site Residential One (up to one A-R (Agricultural Residences/Pasture
dwelling unit per acre max.) Residential)
South of site Residential One (up to one RT (Residential) Ada Residence/Pasture
dwelling unit per acre max.) County Designation
East of site PublicI Semi-Public & PS (Public/ Semi-Public) Two Residences
Residential One (up to one & RT (Residential) Ada
dwelling unit per acre max.) County Designation
West of site Residential One (up to one RT (Residential) Ada Residences/Pasture
dwelling unit per acre max.) County Designation
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 33
Total Number of Lots -
One parcel to be developed under single ownership as a mixed industrial Icommercial
planned development.
Total Number of Residential Units-
No residential uses are proposed with this portion of the planned development. The
"duplex" lots shown on the concept plan are proposed to be submitted in the future as
Phase 4 of the PUD. An amended PUD application which will go through the public
hearing process will be required for this phase.
Total Acreage of Any Out-Parcels - 0
Total Building Area: 104, 340 square feet +1-
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre N/a N/a
Minimum Lot Size 33-acres (1,437,480 sq. ft.) MU Zone - 7,000 sq. ft.
Minimum Lot Width 1,320-feet (approx.) MU Zone - 50-feet
Minimum Street Frontage N/a N/a
Percent of Site as Common Area 58% (approx.) 10% (minimum)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The applicant is proposing a 30-foot to 50-foot wide (average) landscape buffer area with
berm along the portion of the site abutting State Highway 44. The applicant will be
required to submit a master landscape plan (showing sidewalks, pathways, plaza areas,
landscape screening, fences, etc.) for review and approval by the Design Review Board.
Also, landscape plans for individual pad sites within this development will be required to
be reviewed and approved by the Design Review Board as a part of the individual
building design review application process.
Open Space:
Eagle City Code Section 8-2A-7 (B)(2) requires a minimum area of ten percent (10%)
landscape coverage for commercial developments, however, the development agreement
which was approved with the rezone for this site shows significantly more landscaping. In
addition, minimum landscape requirements will need to be complied with upon review of
individual design review applications for the site. The applicant is providing
approximately fifty-eight percent (58%) of land for the landscape areas within the site.
Storm Drainage and Flood Control:
Plans and calculations prepared by a registered professional engineer are required to be
submitted to accommodate 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 the 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.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
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Cross Access:
None Proposed.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
Staff observed numerous mature trees existing on the site. Design Review Board approval
is required prior to the removal of any trees from the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets:
No new streets are proposed within this site. Commercial driveways are proposed for the
interior of the site.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': N/a
Cul-de-sac Design: N/a
Sidewalks:
A 6-foot wide meandering concrete sidewalk is proposed along the northern portion of the
site abutting State Highway 44.
Curbs and Gutters:
Curbs and gutters located in the public right-of-way are to be constructed in accordance
with the requirements of the Ada County Highway District and the Idaho Transportation
Department.
Lighting:
Lighting for the parking areas is required. Location and lighting specifications shall be
reviewed and approved by the Design Review Board prior to the issuance of any building
permits for the site.
Street Names: N/a
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways and Bike Paths:
Walkways are planned within the site to provide pedestrian access to the various uses
proposed within the site.
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L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - yes (lOO-year) - development is not proposed within this portion of the site
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: Boise River traverses through southwest comer of the site
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - yes
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required since no portion of the site within the 1O0-year floodplain is proposed for
development.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
that appear to be of special concern are noted below:
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Q.
LETTERS FROM THE PUBLIC:
None received to date.
R.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
As noted within the applicant's justification letter:
The present plan consists of three (3) phases:
Phase I: Construction of the manufacturing and office facilities to house Camille-
Beckman's current manufacturing and office operation. Weather pennitting, this
phase should start within six (6) months after receiving the approval of City of
Eagle Planning and Zoning and other necessary pennits.
Phase II: Construction of the Gardens, shops, and Art Gallery. As this phase
involves development and construction of gardens, it takes longer to complete.
Initial part of this phase will start toward the end of phase I and continue
thereafter. Due to the nature of the gardens, we expect this phase may take up to
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three (3) years at which time the art gallery, retail shops, tea room, and restaurants
will be ready to start operation.
Phase ill: Construction of the Bed & Breakfast and associated facilities.
Depending on feasibility of the project at that time, the Bed & Breakfast unit
should start at the end of phase II or shortly after (approximately 5 years from start
of phase I) and be completed within the standard time required to accomplish this
type project.
Post Phase IV; The owners have a vision for additional development to enhance
this project. As this involves longer term plan, beyond 7-10 years, the details of
this plan will be submitted for approval at an appropriate time in the future.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
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.
5. That the development 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.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
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11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential (ie;
commercial, industrial, public and quasi public uses that are not allowed in the land use district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing
landscape, pedestrian way treatment, and recreational areas, incorporated into this development,
exceed that of a non PUD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as topography,
view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical
environment, variation in building setbacks, and building grouping (such as clustering),
incorporated into this development, exceed that of a non PUD development.
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24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into
the development, exceed that of a non PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 5 - Economic Development
5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential identity.
h. Promote additional employment opportunities and expand the economic base by a)
encouraging growth and expansion of existing businesses and industry and b)
attracting additional business and industry so residents will be provided with adequate
commercial services and facilities.
Chapter 9 - Parks, Recreation and Open Space
9.5
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2
Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
c.
To create and preserve pathway corridors in public and private lands within the
Eagle foothills for nonmotorized multi-use.
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e.
All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
h.
Acquire pathway easements on the north side of the North Channel.
9.5.3
Implementation Strategies
f.
Prioritize greenbelt and pathway development: 1) greenbelt/pathway system
along the Boise River; 2) greenbelt/pathway system along the Dry Creek; 3)
corridor preservation along future planned pathways and irrigation features; and
4) road crossings.
Chapter 11 - Special Areas and Sites
11.2
Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological and scenic
significance. The area comprises the two channels of the Boise River and intervening and
immediately adjacent areas as generally depicted on the Comprehensive Plan Land Use
Map.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
12.3
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents to
Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and
55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial
signage and building character provide the flfSt, and oftentimes the most lasting
impressions of the entire community. The City of Eagle has the responsibility to guide
development and redevelopment that occurs along these entryway corridors.
12.4
Implementation Strategies
c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife habitat,
and open space recreational area and for agricultural uses.
1.
Buffer and transition zones should be developed between conflicting types of land
use.
Encourage the development of pathways and open space corridors throughout the
City.
l.
.
LAND USE MAP - MIXED USE - All of this site is within the area designated as Mixed Use.
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.
TRANSPORT A nON / P A THW A Y NETWORK MAP # 1 - This map show a proposed pathway
along the Boise River adjacent to this site.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
.
.
.
The zoning of the site is MU-DA (Mixed Use with Development Agreement). The development
agreement requires that uses and conditions of development for this site are to be established with
this Planned Unit Development application.
.
ECC Section 8-2A-6 (A)(1)
Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent
streets, provide for the pedestrian, and provide appropriate, safe parking lot design.
Special review items should include:
a. The functional relationship of the structures and the site in relation to its
surroundings;
c. The site layout with respect to separation or integration of vehicular, pedestrian
and bicycle traffic patterns;
e. The location, arrangement and dimensions of truck loading ramps, docks, and
bays and vehicle service facilities;
1. The provision of safe pedestrian and bicycle connections between
neighborhoods and commercial areas.
ECC Section 8-2A-6 (A)(2)(d)
The installation of sound and sight buffers, the preservation of public views, light and air,
and the consideration of those landscape aspects of design which may have substantial
affects on neighborhood development, land uses, and amenities.
ECC Section 8-2A-6 (A)(7)(a)
All spires, poles, antennas, steeples, towers, and any other such structures shall be limited
to a maximum of thirty-five feet (35'). Additional height may be permitted if a conditional
use permit is approved by the City Council.
ECC Section 8-2-1 - Districts Established, Purposes and Restrictions
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This District is intended to ensure
compatibility of new development with existing and future development. It is also
intended to ensure assemblage of properties in a unified plan with coordinated and
harmonious development which shall promote outstanding design without unsightly and
unsafe strip commercial development. Uses should complement the uses allowed within
the CBD Zoning District. All development requiring a conditional use permit in the MU
Zoning District, as shown in Section 8-2-3 of this Chapter, shall occur under the PUD
and/or development agreement process in accordance with Chapter 6 or 10 of this Title
unless the proposed development does not meet the area requirements as set forth in
Section 8-6-5-1 of this Title. In that case a cooperative development, in conjunction with
adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise
a conditional use permit shall be required unless the proposed use is shown as a permitted
use in the MU Zoning District within Section 8-2-3 of this Chapter. Residential densities
shall not exceed twenty (20) dwelling units per gross acre. When a property is being
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proposed for rezone to the MU Zoning District a development agreement may be utilized
in lieu of the PUD and/or conditional use process if approved by the City Council
provided the development agreement includes conditions of development that are required
during the PUD and conditional use process.
.
ECC Section 8-6-5-1 (C) states in part,
Minimum Area: A PUD for the following principal uses shall contain an area of not less
than ten (10) acres for commercial use.
.
ECC Section 8-6-5-5: ARRANGEMENT OF COMMERCIAL USES:
The plan of the project shall provide for the integrated and harmonious design of
buildings, and for adequate and properly arranged facilities for internal traffic circulation,
landscaping and such other features and facilities as may be necessary to make the project
attractive and efficient from the standpoint of the adjoining and surrounding
noncommercial areas.
All areas designed for future expansion or not intended for immediate improvement or
development shall be landscaped or otherwise maintained in a neat and orderly manner.
.
ECC Section 8-6-6-3 - Requires all final development plans to be reviewed by the Planning and
Zoning Commission as well as the City Council.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by encouraging
planned unit development (PUD) to achieve the following:
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING THIS PROPOSAL: (None)
WHICH
ARE
OF
SPECIAL
CONCERN
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D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 The property uses shall be developed generally as shown on "Exhibit A" " A Concept Plan"
attached hereto as may be conditioned by Eagle.
2.2 The Owner shall submit a PUD (Planned Unit Development) application for the site (to be
processed as outlined within Eagle City Code), and shall comply with all conditions required by
Eagle as a part of the PUD and all uses shown as permitted or shown as requiring a conditional use
permit within Eagle City Code Section 8-2-3 shall be subject to Eagle's discretion (as to if they
will be permitted or prohibited) when reviewing the PUD for the site.
2.3 The Owner shall submit Design Review applications for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of any Design Review
prior to issuance of a certificate of occupancy.
2.4 Except as may be further restricted herein, the development shall comply with the Eagle City
Code, as it exists in final form at the time an application is made and the conditions within this
agreement shall be satisfied.
E. DISCUSSION:
.
Staff believes that this development with its varied and unique uses (to limited upon the review by
the Planning and Zoning Commission and City Council) located in this area will compliment the
downtown (as encouraged within the Comprehensive Plan). The proposed retail portion of the site
is intended to provide merchandise that is directly related to the items that are proposed to
originate from the site (i.e.: manufactured, harvested, packaged), thereby creating the opportunity
for a special destination location within the City that may attract people from surrounding areas.
At full build out, the proposed cultural activities (gardens, amphitheater, art gallery) may also act
as a destination location for many people. In addition, the production/office facility will offer
employment opportunities to current and future residents, thus promoting a "live and work in the
same community" feeling. It is staff s opinion that the uses will compliment the downtown by
attracting new consumers to Eagle and retain residents who may otherwise travel to locations
outside of the city for shopping and cultural events. It is then possible that these consumers and
residents will venture into the downtown and discover a quaint shopping environment (downtown
businesses) that they may have never been exposed to if it were not for the addition of a unique
business that adds to a community's desirability and retail depth that many people seek.
.
Per ECC, the maximum height allowed for spires, poles, antennas, steeples, towers, etc. is 35-feet
unless a conditional use permit is approved by the City Council. The chimneys for the building
are proposed to be 37-feet high (2-feet higher than the maximum allowed by code), as measured
from the top of the foundation to the top of the chimney. The chimney height may be considered a
discretionary element in order to provide an appropriate scale to the architectural elevations and
therefore is subject to revision. If the applicant can effectively lower the height of the chimney to
35-feet, then this condition will not require any formal action. However, if the applicant desires to
not lower the height, then the City Council should determine if this height exception should be
allowed.
.
Individual pad sites/buildings located within this development will be required to submit separate
design review applications prior to issuance of the building permit for that specific building.
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.
ECC minimum building setbacks within the MU zoning district are as follows:
Front: 20-feet
Rear: 20-feet
Side: 7.5-feet
Street Side: 20-feet
Since this development is proposed to be constructed on one parcel the minimum building
setbacks should be measured from the perimeter property line to the closest building. As shown
on the site plan the minimum front yard setback (between any building and State Highway 44)
should be 50-feet. Upon review of this application, the Planning and Zoning Commission and
City Council should determine if more restrictive side and rear yard setbacks should be required
beyond the minimums required within the MU zoning district (as noted above). Minimum
separation between buildings within the interior will be regulated by the adopted building code of
the City of Eagle (i.e.: Uniform Building Code).
.
The portion of this site within 1O0-year floodplain is not proposed for any building development or
roadways. All landscaping improvements proposed within the 100-year floodplain are subject to
conditions of design review.
.
The Transportation! Pathway Network Map #1 within the Comprehensive Plan shows a pathway
along the Boise River abutting this site. This development is proposed to have a network of
pathways within the site for pedestrian access on-site, however, it appears that the section of
regional pathway proposed to extend along the Boise River (as indicated within the
Comprehensive Plan) is not shown. The applicant should provide a recorded public pathway
easement and should construct a pathway generally along the section of the Boise River on this
site. The pathway should be constructed at a time to be determined by the City Council upon
review of this PUD application.
.
Regarding Eagle City Code findings for a conditional use permit and planned unit development
preliminary development plan - As a part of the application submittal for this project, and in
accordance with application submittal requirement #14, the applicant has provided an ll-page
document. The document outlines how the applicant intends to guarantee that this project will
meet the Eagle City Code required findings for a conditional use permit and planned unit
development preliminary development plan. Staff has reviewed the document and believes that
the findings have been well addressed.
.
Staff will provide detailed discussion regarding this proposed development during the oral
presentation at the Planning and Zoning Commission and City Council meetings.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was scheduled before the Planning and Zoning Commission on
January 16, 2001, the matter was continued until January 30, 2001 at which time testimony was taken,
the public hearing was closed and the Commission made their decision.
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B. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one.
COMMISSION DECISION:
The Commission voted 3 to 0 (two absent) to recommend approval of PPUD-8-00/CU-21-00,
(Camille Beckman CommerciallIndustrial Planned Unit Development) with the following staff
recommended site specific and standard conditions of approval with text shown with underline to
be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Design Review Board approval of a "Master Landscape Plan" for the entire site is required prior to
issuance of any building permits.
2. With the exception of landscaping improvements, all construction within the 100-year floodplain
portion of this is prohibited. All landscaping improvements proposed within the 100-year floodplain
are subject to conditions of design review.
3. Revise the proposed chimney height to a maximum of 35-feet unless City Council action approves a
height exception to 37-feet.
4. Separate Design Review Board approval of individual pad sites/buildings is required.
5. Provide an approval letter from ITD regarding the proposed design of the driveway access to State
Highway 44.
6. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way between this
site and the edge of pavement along State Highway 44 and N. Park Lane to be landscaped.
Landscaping in this area shall be reviewed and approved by the Design Review Board.
7. Design Review Board approval is required prior to removing any existing trees from the site.
8. The pathways and meandering sidewalks shall be constructed in the locations generally as shown on
the site development plan (date stamped by the City on November 22, 2000) submitted with this
application.
9. COHstruet a m.Í:Ð.iæüm. 6 foot wille asphalt patll'Nay geBerally along the sectioH of the Boise Riyer OR
this site prier to Tø he :k1eFmined lry #w City Cøbtncil.
10. The atJplieaøt shall provide a r-eeorllell PHÐlic patkwa-y easem.eRt (m.iRiæüm. 24 feet wille) for the
section of patk',vay aloHg tHe Boise River prior to issl:laøee of aøy ÐHiIdiHg pefFHits.
9. When the city of Eagle has established a greenbelt ordinance for design, operation, maintenance, and
control of use for a greenbelt system, the owners will establish a mutually agreeable 24-foot wide area
with a 6-foot pathway along the property parallel to the Boise River.
10. Construct a 5-foot wide (minimum) meandering concrete sidewalk along State Highway 44 abutting
this site.
11. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing" items
unless the City determines that any difference between the preliminary development plan and final
development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
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shall be provided for (as was required for the preliminary development plan).
12. Minor site modifications shall be permitted if approved as a part of any design review application for
the site.
13. Minimum building setbacks shall be measured from the perimeter property line to the closest building.
14. As shown on the site plan the minimum front yard setback (between any building and State Highway
44) shall be 50-feet.
15. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved
by the City Engineer and the Design Review Board prior to the issuance of any building permits.
16. All loading docks within the development shall be screened from view from all public rights-of-way
and any abutting residence.
17. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on March 6, 2001, 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 this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant).
COUNCIL DECISION:
The Council voted 4 to 0 to approve PPUD-8-00/CU-21-00 (Camille Beckman
CommerciallIndustrial Planned Unit Development) with the following Planning & Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval with strikethrough text to be deleted by the Council and underlined text to be added by
the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Design Review Board approval of a "Master Landscape Plan" for the entire site is required prior to
issuance of any building permits.
2. With the exception of landscaping improvements, all construction within the 1O0-year floodplain
portion of this is prohibited. All landscaping improvements proposed within the 1O0-year floodplain
are subject to conditions of design review.
3. Revise the proposed chimney height to a maximum of 35-feet unless City Council action approves a
height exception to 37 -feet.
4. Separate Design Review Board approval of individual pad siteslbuildings is required.
5. Provide an approval letter from ITD regarding the proposed design of the driveway access to State
Highway 44.
6. Provide a license agreement, approved by ITD and/or AGIO, allowing the right-of-way between this
site and the edge of pavement along State Highway 44 and N. Park Lane to be landscaped.
Landscaping in this area shall be reviewed and approved by the Design Review Board.
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7. Design Review Board approval is required prior to removing any existing trees from the site.
8. The pathways and meandering sidewalks shall be constructed in the locations generally as shown on
the site development plan (date stamped by the City on November 22, 2000) submitted with this
application.
9. When the City of Eagle has established a greenbelt ordinance for design, operation, maintenance, and
control of use for a City wide greenbelt system, the owners will establish a FßHtHally agr-eeable 24 foot
vlÍ<Ìe area ','litH a 6 lO-foot wide pathway aloHg the property parallel to the Boise River within the
existing: 25-wide existing pathway easement located adjacent to the Boise River as accepted by the
City of Eagle.
10. Construct a 5-foot wide (minimum) meandering concrete sidewalk along State Highway 44 abutting
this site.
11. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing" items
unless the City determines that any difference between the preliminary development plan and final
development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
12. Minor site modifications shall be permitted if approved as a part of any design review application for
the site.
13. Minimum building setbacks shall be measured from the perimeter property line to the closest building.
14. As shown on the site plan the minimum front yard setback (between any building and State Highway
44) shall be 50-feet.
15. Site lighting specifications (location, height, wattage, screening, etc.) shall be reviewed and approved
by the City Engineer and the Design Review Board prior to the issuance of any building permits.
16. All loading docks within the development shall be screened from view from all public rights-of-way
and any abutting residence.
17. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
18. All uses as shown within "Exhibit B" (attached herein) shall be considered permitted uses as approval
of this application (PPUD-8-00ICU-21-00).
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 rust.
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.
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9.
4.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits or Certificate of Occupancy, whichever occurs first.
5.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits or Certificate of
Occupancy, whichever occurs fIrst.
6.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7.
The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits or Certificate of Occupancy, whichever occurs fIrst.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage
easement, and no runoff shall cross any lot line onto another lot except within a drainage
easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8.
No ditch, pipe or other structure or canal, 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.
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,
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13.
14.
15.
16.
whichever occurs fIfSt.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10.
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.
11.
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.
12.
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. "
The fIfe hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
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 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.
The proposed fIfe 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 fIfSt.
b.
c.
d.
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.
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 fust.
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.
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 fIfSt.
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20.
21.
222.
23.
24.
17.
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.
18.
Basements in the flood plain are prohibited.
19.
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.
New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. 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 submits application to the City of Eagle
for a change to the planned use of the subject property.
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.
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).
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:
A. The applications for this item were received by the City of Eagle on November 22, 2000.
B. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 30, 2000. 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 December 26,2000. Requests for agencies' reviews
were transmitted on November 27, 2000 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
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for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 17,
2001. 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 14, 2001.
C. In accordance with Eagle City Code findings for a planned unit development preliminary development
plan and a conditional use permit the Eagle City Council makes the following conclusions for PPUD-
8-00/CU-21-00, (Camille Beckman CommerciallIndustrial Planned Unit Development), as proposed
with the conditions recommended herein:
The proposed preliminary development plan and conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code
Title 8 for the MU-DA zoning districts since a commerciaVindustrial development is shown as
needing approval of a conditional use permit in the MU zoning districts on the "Official
Schedule of District Regulations" chart of that section;
B. Will be in the public interest, advances the general welfare of the community and
neighborhood, and will not be detrimental to the economic welfare of the community since the
development will bring new commerce the area, provide for pleasing and varied use of the
property and will increase business and the arts within the community;
C. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8) since there are
no inconsistencies with the Comprehensive Plan and since the development will be required to
meet conditions of a design review application;
D. 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 be required
to meet the City's design review requirements and the conditions noted herein;
E. Will not be hazardous or disturbing to existing or future neighborhood uses since the area is
primarily surrounded by agricultural, or natural habitat and since the proposed development
will be adequately buffered from any residential use not under the control of the applicant;
F. Will be served adequately by essential public facilities such as highways, streets, police and
rue protection, drainage structures, refuse disposal, water and sewer, and schools (the
applicant testified that there will be a center turn lane on Highway 44 and that as required by
ACHD acceleration and deceleration lanes will be provided along the South side of Highway
44); or that the persons or agencies responsible for the establishment of the proposed use shall
be able to provide adequately any such services as noted in responses received by agencies
providing the public services;
G. Will not create excessive additional requirements at public cost for public facilities and
services;
I.
H. Will not involve uses, activities, processes, materials, equipment, and/or 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 long as the conditions
herein and all design review conditions are complied with;
Will have vehicular approaches to the property which are designed as to not create an
interference with traffic on surrounding public thoroughfares since they are required to be
reviewed and approved by the highway district having jurisdiction and since they are subject
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1.
to the conditions herein; and
Will not result in the destruction, loss, or damage of a natural, scenic or historic feature of
major importance since, other than the existing trees which require design review approval
prior to being removed, none are apparent on this site.
DATED this 10th day of April, 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Exhibit "B"
1. Historical agricultural operations can continue on the portion of the property not developed. A
large portion of the property will continue in agricultural use. This is mainly the cultivation of
crops and some grazing.
2. The manufacturing of the product is considered a Conditional Use Permit listed Section 8-2-3 of
the Eagle Code under "Industry, custom or limited." The approval of this Conditional Use permit
(PPUD-8-00/CU-21-00) will allow the operation of the manufacturing component.
3. The warehousing and distribution of the products are considered accessory to the principal
manufacturing use listed above and are permitted.
4. The Bed and Breakfast as shown in phase ill is permitted under Section 8-2-3 of the Eagle City
Code as a Conditional Use, approved as part of this application (PPUD-8-00/CU-21-00).
5. The raising and selling of flowers, trees, herbs, and vegetables as shown on the plan is considered
a permitted use as outlined in Section 8-2-3 of the Eagle City Code.
6. Retail sales of products produced or endorsed by Camille Beckman are considered "Retail Sales
(limited)" as listed in Section 8-2-3 of the Eagle City Code and are approved as a conditional use
as part of this application (PPUD-8-00/CU-21-00).
7. The open spaces, gardens, and art gallery are considered conditional uses as listed in Section 8-2-3
of the Eagle City Code and are approved as conditional uses as part of this application (PPUD-8-
00/CU-21-00).
8. The restaurant and tea room are approved as principle permitted uses as outlined in Section 8-2-3
of the Eagle City Code.
9. The residential component is considered a conditional use as listed in Section 8-2-3 of the Eagle
City Code and is approved as a conditional use as part of this application (PPUD-8-00/CU-21-00).
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