Findings - CC - 2001 - CU-02-01 - Relocate The Existing Retail Nursery/Landscape Bus
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR
EAGLE LANDSCAPE CONTRACTING AND
RETAIL NURSERY FOR PETER CINTORINO
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-O2-01
The above-entitled conditional use application came before the Eagle City Council for their action on May
22, 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:
Eagle Nursery, represented by Peter J. Cintorino, is requesting conditional use approval to
relocate the existing retail nursery and landscape business. The 6.3-acre site is located on
the northeast corner of Park Lane and West State Street at 3950 W. State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 8, 2001.
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 March 31, 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 March 28, 2001. Requests for agencies' reviews were transmitted on March 8,
2001 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 May 5, 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 May 2, 2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to one A-R (Agricultural- Residence/Pasture
dwelling unit per acre max.) Residential)
Proposed No Change No Change Retail Nursery &
Landscaping
Business
North of site Residential One (up to one A-R (Agricultural- Residence/Pasture
dwelling unit per acre max.) Residential)
South of site Mixed Use MU-DA (Mixed Use with Proposed Camille
development agreement) Beckman facility
East of site Residential One (up to one A-R (Agricultural- Residence/Pasture
dwelling unit per acre max.) Residential)
West of site Residential One (up to one RT (Ada County ResidencelRanch
dwelling unit per acre max.) designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or the IDA
H.
EXISTING SITE CHARACTERISTICS: The site is generally flat with an existing
residence and barn.
I.
SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 6.3-acres 4.7-acres
Percentage of Site Devoted to Building .04% 10% (maximum)
Coverage
Percentage of Site Devoted to 11 % (.7-acres) 10% (.63 acres) minimum
Landscaping
Tentative Number of Parking Spaces (to 75 (as noted on revised plan date 65
be determined upon review by the stamped May l5, 2001)
Design Review Board)
Front Setback (north) 235-feet* 60-feet (minimum)
Rear Setback (SH 44) 190-feet* 30-feet (minimum)
Side Setback (east) 275-feet* 30-feet
Street Side Setback (Park Lane) 350-feet* 45-feet
NOTE: (*) Setbacks are measured to the principal retail buildings.
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J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
Six buildings are to be constructed to accommodate retail, maintenance and shade house
activities; the existing house is to be converted into an office.
Height and Number of Stories of Proposed Buildings: All the buildings are to be constructed with
no more than one story with varying heights ranging from I8-feet to 25-feet in height.
Gross Floor Area of Proposed Buildings: I2,000-square feet (approximate) to include the office,
maintenance shop, retail center and shade houses
On and Off-Site Circulation:
The nursery is to construct two driveways located on Park Lane and two driveways located
on State Highway 44 (State Street). The Ada County Highway District requires the 30 to
35-foot wide driveways on Park Lane to be separated a minimum of I25-feet and to be
located a minimum of I75-feet from the signalized intersection of Park Lane and SH 44.
The Idaho Transportation Department has acknowledged two existing access points
located on SH 44 that serve the property. The access points are required to be upgraded
and relocated (if needed) and turn lanes installed as well, as determined by ITD and or the
highway district having jurisdiction.
K.
PUBLIC SERVICES A V AILABLE:
The site currently has not been annexed into the Eagle Sewer District to date. Preliminary
approval letters from Central District Health Department and the Eagle Fire Department
have been received by the City. The applicant has applied for annexation into the Eagle
Sewer District and is required (if annexation is approved) to connect to this service prior
to the issuance of a certificate of occupancy. A letter from the water company having
jurisdiction is required prior to the issuance of a building permit.
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 - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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O.
P.
Q.
R.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
New Union Ditch Co.
LETTERS FROM THE PUBLIC: None received to date.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
E.
Will be served adequately by essential public facilities such as highways, streets, police
and flIe 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
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I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
Chapter 12 - Community Design
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 ftrst, 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.
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. The design review process will
afford the opportunity to address the special features of each property and facility
in a manner that will best address the overall intent of enhancing Eagle's
entryways.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Design review application and approval is required.
.
ECC Section 8-2-3 states in part that a Nursery requires the approval of a conditional use
permit within an Agricultural-Residential zoning district.
.
ECC Section 8-2-4 states in part that a minimum of 60-feet is required for front yard
setbacks and a minimum of 45-feet is required for street side setbacks within an
Agriculture-Residential zoning district.
.
ECC Section 8-2A-7 (B)
Landscaping shall cover a minimum of ten percent (10%) of the property on all other
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developments (commercial).
.
ECC 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.
b. When a parking lot abuts a residential activity, a five-foot (5') wide by six-foot (6') high
landscaped buffer is required.
c. To conceal outdoor storage areas, trash receptacles, exposed equipment
associated with any commercial or industrial activity, and off-street loading when adjacent
to or in view from a residential activity or public street right of way, a five foot (5') wide
by six foot (6') high landscaped buffer is required.
.
ECC 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.
.
ECC Section 8-5-2 (A)
No existing structure devoted to a use not permitted by this Title in the district in which it
is located shall be enlarged, extended, constructed, reconstructed, moved or structurally
altered except in changing the use of the structure to a use permitted in the district in
which it is located.
.
ECC Section 8-5-3
Nonconforming uses are declared by this Title to be incompatible with permitted uses in
the districts in which such use is located. A nonconforming use shall not be extended or
enlarged after the effective date hereof by attachment on a building or premises of
additional signs intended to be seen from off the premises, or by the addition of other uses
of a nature which would be generally prohibited in the district in which such use is
located.
c.
DISCUSSION:
.
The site has an existing residence that is proposed to be converted into an office for the
nursery. The structure is presently located 22-feet from the right-of-way of State Highway 44
(State Street) and does not meet the required minimum front yard setback of 60-feet. Due to
this, the building on this site is considered a non-conforming use and may continue as a non-
conforming use provided no alterations or expansion of the use is made. Since the applicant
has applied for a change in use from a residence to a nursery, the City must require the non-
conforming building be brought into compliance with current City codes with approval of a
conditional use permit. However, setback requirements may be considered to apply more
directly to residential uses to provide a buffer from the roadway whereas commercial
developments benefit from their proximity to the roads (as evidenced in C-2, C-3 and CBD
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zones). If it is determined by the City Council that setbacks pertain more appropriately to
residential than commercial uses, then the residential conversion to an office (with non-
complying front yard setback) may be considered for approval. Otherwise, the structure
should be removed from its current location and placed at a point which meets all required
setbacks, prior to the issuance of any building permits for the site.
.
The site is currently configured to accommodate only 1.5-percent (.I-acres) of permanent
landscaping, which is below the required minimum of lO-percent (.63-acres). Although the
site is proposed to be a nursery which would maintain a stockyard of landscape materials that
covers approximately fifty-five percent (55%) of the parcel, Eagle City Code does allow
vegetation which remains on site to be included within the minimum required landscaping.
Since the nursery stock is available for sale, the City cannot be assured that the minimum 10-
percent landscape requirement will be maintained at all times. Yet, because more than half the
parcel is stocked with nursery material, it may be determined that the chances are slim of
selling out of the nursery stock to less than lO-percent of the site. Unless it is concluded that
the nursery stock is adequate to meet the minimum lO-percent site landscape requirement, the
applicant should provide revised plans which clearly identify permanent landscaped areas to
meet the minimum landscape requirements for the site.
.
The site is surrounded to the north and east by parcels that have residences located upon them.
Eagle City Code states that when a commercial or industrial use abuts a residential use, a ten-
foot (10') wide by six-foot (6') high landscaped buffer is required.
Additionally, the proposed plan shows outdoor storage and loading areas, which are required
by Eagle City Code to be screened from any residential activity or public street right-of-way.
However, it may be determined that multiple rows of trees and shrubs would provide ample
buffering from the nursery activities to the residential uses. Unless it is concluded that the
nursery stock is adequate to act as a buffer, the applicant should submit plans for Design
Review Board review and approval showing the required buffer areas to the north and east. At
a minimum, the northern and eastern boundary lines should be designated on the plans to limit
these areas to landscape stock only and that no equipment storage or other activity should
occur which would detract from the nursery stock functioning as a buffer.
Further the applicant should submit plans for Design Review Board review and approval
showing the required screening of all loading and storage areas prior to the issuance of a
building permit.
.
Staff has reviewed the parking requirements for the site and has determined the site may be
lacking in meeting the required minimum number of spaces. The applicant has proposed
forty-eight (48) spaces and staff has concluded that sixty-five (65) spaces are required based
on the following: retail buildings at one (1) space per two-hundred-fifty (250) square-feet and
outside display area at one (1) space per five-hundred (500) square-feet. However, the plans
do not clearly delineate the display area and the section staff has measured as display area may
not coincide with the applicant's. Therefore, the applicant should submit plans for Design
Review Board review and approval showing the outside display area in order that the
minimum required parking may be determined.
.
Staff has reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru 1" (required findings for approval of a
conditional use), has made the following conclusions:
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The proposed 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 A-R zoning district since a Nursery (with plant
materials) is shown as needing approval of a conditional use permit in the A-R
zoning district on the "Official Schedule of District Regulations" chart of that
section;
B.
May 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
if it is determined that setbacks pertain more appropriately to residential than
commercial uses, then the residential conversion to an office with a non-
complying front yard setback may be considered appropriate;
c.
Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general
vicinity and that such use will not change the essential character of the same area
since the development will be agricultural in nature and will also be required to
meet the City's design review requirements an those noted herein;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
adequate buffers will be installed between this site and the residential uses to the
north and west as per the requirements of Eagle City Code and as required herein;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and schools,
and upon successful completion of annexation into the sewer district the applicant
will be required to connect to the service; 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 or as conditioned 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 public service agencies serving the site will be required to
approve the use and structure addition prior to the City issuing any building
permits and since the cost of extending public services to the site will be the
responsibility of the property owner;
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 utilize an existing vehicular approach to the property which is designed so as
not to create an interference with traffic on surrounding public thoroughfares as
required by ITD and the Ada County Highway District; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
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feature of major importance since none are apparent on the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within this report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on April
16, 2001, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals concerned with current and future traffic, the proximity of Eagle High School,
suitability of this location for a nursery, berming and screening, driveway access, and hours of
operation.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
three (3) individuals who felt the nursery was a good idea, is compatible with the surrounding uses,
should not be penalized for existing traffic problems,
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend denial of CU -02-01 for a conditional use permit for a
landscape contracting business and retail nursery located on the northeast comer of State Highway
44 and Park Lane. The Commission held that this site is considered a non-conforming use since
the existing residential structure does not meet the required setbacks for an A-R zone. The
Commission determined that to approve the conditional use permit with a nonconforming use
would not be in accordance with the Eagle City Code Section 8-5-2 (A) which states, "No existing
structure devoted to a use not permitted by this Title in the district in which it is located shall be
enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing
the use of the structure to a use permitted in the district in which it is located."
Second, the Commission stated that if the City Council approves this application, it is strongly
recommended that the City Council adopt a resolution to reduce the speed limit for this portion of
State Highway 44 to forty-five (45) miles per hour.
Finally, the Commission determined that if the non-conforming residential structure is removed
from this site (or moved on-site in compliance with the required setbacks) then approval of this
application may be considered if the recommended site specific conditions and standard conditions
of approval shown within their Findings of Fact and Conclusions of Law document, dated May 1,
2001 are followed.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on May 22,2001, 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 two (2) individuals (not
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including the applicant) who felt the nursery is the kind of commercial business that is a better fit on
this property than other uses (provided buffers are installed), and the house should remain at its present
location.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-02-0I for a conditional use permit for a landscape
contracting business and retail nursery, located on the northeast corner of State Highway 44 and
Park Lane, with the following Planning & Zoning Commission recommended site specific
conditions of approval and standard conditions of approval with strike-thru text to be deleted by
the Council and underlined text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use (Nursery, plant materials) is approved. The property and all structures are subject to the
conditions of design review.
2. The existing barn abutting Park Lane shall be moved to a location which is in compliance with all
required minimum setbacks prior to the issuance of any building permits.
3. The existiBg residooee proposed for omee ase sHall Be r-emoved from its eHfFeBt loeatioB aRd placed at
a poiBt whicH meets all setbaeks reqHired 'l;itHiB the /1 R zoBe, prior to the iSSHaRee of aBY bHildiBg
permits f.øf the site.
1:. The structure currently being used as a residence is deemed an accessory structure and is ancillary to
the principle use of a nursery and therefore shall be required to meet the minimum five-foot (5')
setback for accessory structures.
4. Submit a revised landscape plan for Design Review Board review and approval showing a minimum
of IO-percent (10%) of permanent landscape coverage of the site.
5. Submit a revised landscape plan for Design Review Board review and approval showing the required
ten-foot (10') wide by six foot fé!1 three-foot (3') high landscaped buffer including five-foot to six-foot
(5' to 6') high pine trees (as shown on plan date stamped May 15. 2001) to be located abutting the
northern ¡md eastern property lines.
6. Submit a revised landscape plan for Design Review Board review and approval showing the required
screening of all loading and storage areas.
7. Submit a revised plan for Design Review Board review and approval showing the minimum required
parking spaces (65 or as determined by the Design Review Board) for the site.
8. The hours of operation shall be limited to between 7 a.m. and 6 p.m. daily except for two-weeks out of
the year when it will be allowed to remain open until 8 p.m.
9. The applicant shall apply for annexation to the Eagle Sewer District and connect to the service prior to
the issuance of a building permit. If the annexation does not occur, then approval of a septic system
from Central District Health is required prior to the issuance of a building permit.
10. The soHthern driyev:ay located 08 Park LaBe shall be eliæiBated HBless a letter is provided froæ a
registered ",-ame eBgi8eer tHat at:tests the driveway 10eatioB eoBforms to all aecef.lted ¡md r-eeogBized
eBgiBeeriBg f.lriBeiples.
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11. Provide a letter from ITD authorizing the proposed driveways on State Highway 44 for this site to be
in alignment with or offset from those driveway locations approved on the south for the Camille
Beckman development.
12. Submit a revised landscape plan for Design Review Board review and approval that shows the
landscaping on the northeast corner of State Highway 44 and Park Lane abutting this site to be
enhanced beyond that which is shown on the site plan date stamped April 16, 2001, to provide a visual
statement as an entrance into the City.
13. No signs are proposed with this application. A separate design review application is required for the
approval of any signs.
14. All plan revisions as required by the above noted conditions shall be reviewed and approved by the
Zoning Administrator prior to issuance of any building permits for the site.
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 flISt.
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 flISt.
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 flISt. 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 flISt.
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
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the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever
occurs flISt. 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 flISt 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 flISt.
9.
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 flISt. 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 flISt.
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. "
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b.
The [lIe 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 [lIe 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 [lIe 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 [lISt.
c.
d.
13.
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.
14.
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 [lISt.
15.
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 [lISt.
16.
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 [lISt.
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 [lISt.
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.
20.
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.
21.
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
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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.
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).
23.
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.
24.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 8, 2001.
2. 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 March 31, 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 March 28, 2001. Requests for agencies' reviews
were transmitted on March 8, 2001 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 May 5, 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 May 2, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-02-0I) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and in terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval
of a conditional use), has made the following conclusions:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle
City Code Title 8 for the A-R zoning district since a Nursery (with plant
materials) is shown as needing approval of a conditional use permit in the A-R
zoning district on the "Official Schedule of District Regulations" chart of that
section;
B.
May 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
because it has been determined that the conversion of the existing residence to an
office is an accessory structure ancillary to the principle use of a nursery and is
therefore required to meet the minimum setbacks for an accessory structure
pursuant to Eagle City Code Section 8-3-5 (A);
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
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since the development will be agricultural in nature and is required to provide
buffers to the property to the north and to meet all the City's design review
requirements as noted herein;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses since
adequate buffers will be installed between this site and the residential uses to the
north as per the requirements of Eagle City Code and as required herein;
E.
Will be served adequately by essential public facilities such as highways, streets,
police and fIre protection, drainage structures, refuse disposal, water and schools,
and upon successful completion of annexation into the sewer district the applicant
will be required to connect to the service; 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 or as conditioned 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 public service agencies serving the site will be required to
approve the use and structure addition prior to the City issuing any building
permits and since the cost of extending public services to the site will be the
responsibility of the property owner;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffIc, noise, smoke, fumes, glare or odors
since the hours of operation will be limited to a daily set schedule and the use of
equipment will be limited to certain areas only or will be screened from public
view as observed from the public rights-of-way and nearby residences;
H.
Will utilize existing vehicular approaches to the property which are to be designed
and constructed so as not to create an interference with traffIc on surrounding
public thoroughfares as required by ITD and the Ada County Highway District;
and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since none are apparent on the site.
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DATED this 5th day of June 2001.
EAGLE CITY COUNCIL
OF THE CITY OF EAGLE
Ada Count, Idaho
ATTEST:
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