Findings - CC - 2003 - CU-6-03 - Height Exception To Place A Manard Roof Eagle Mano
ORIG\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A CONDITIONAL USE PERMIT FOR AN
APARTMENT BUILDING AND A REQUEST
FOR A HEIGHT EXCEPTION TO FORTY-TWO
FEET (42') AT EAGLE MANOR APARTMENTS
FOR TOMLINSON & ASSOCIATES
)
)
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-6-03
The above-entitled conditional use permit application came before the Eagle City Council for their action
on August 26, 2003. 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:
Tomlinson & Associates, represented by Ray Crowder with Crowder Associates,
Architecture and Planning, is requesting conditional use approval for an existing
apartment building and a height exception to replace the mansard roof atop the Eagle
Manor building to a height of 42-feet. The height exception (the portion of the building
above 35-feet) includes the installation of dormers, and installing a higher roof over the
two stair towers at Eagle Manor. The site is located at the intersection of 2nd Street and
Cedar Ridge, at 276 Cedar Ridge Road.
B.
APPLICATION SUBMm AL:
The application for this item was received by the City of Eagle on May 29, 2003.
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 June 24, 2003. 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 June 18, 2003. Requests for agencies' reviews were transmitted on May 30,
2003, 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 August 5, 2003. 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 July 31, 2003.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
The City's records are unclear as to the type of approvals, if any, that permitted the
apartment building to be built at the subject site.
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSNE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Central Business District CBD (Central Business Eagle Manor Apartment
District) Building
Proposed No Change No Change No Change
North of site Central Business District CBD (Central Business Single-family residence
District) and future extension of
Plaza Drive
South of site Central Business District CBD-DA (Central Business Cedar Ridge Road & Eagle
District with Development Forum professional offices
Agreement)
East of site Central Business District CBD (Central Business Vacant
District)
West of site Central Business District CBD-DA (Central Business Albertsons grocery store
District with Development
Agreement)
G.
DESIGN REVIEW OVERLAY DISTRICT: Located within the CEDA (Community Entry
Development Area).
H.
EXISTING SITE CHARACTERISTICS:
This site has previously been improved with a senior community apartment building with
associated landscaping and parking lot.
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I.
SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 1.83-acres (80,228-square feet) O.OI-acres (500-square feet)
(minimum)
Percentage of Site Devoted to 16.6% (13,301 SF) 20% minimum & 85%
Building Coverage maximum in the CEDA
Percentage of Site Devoted to 51% (40,980 SF) 15% (minimum)
Landscaping
Number of Parking Spaces 49-parking spaces 70-parking spaces (minimum)
Front Setback 118-feet (south) 20-feet (minimum) in the CEDA
Rear Setback 40-feet (north) O-feet
Side Setback 40-feet (east) 10-feet (minimum) in the CEDA
Side Setback 93-feet (west) 10-feet (minimum) in the CEDA
J.
GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
No new building is to be constructed, only general aesthetic modifications to the site are
to occur.
Height and Number of Stories of Proposed Buildings:
The existing building is three-stories tall with a current height of thirty four-feet, ten-
inches (34' - 10") at the top the of the two stairway towers. The proposed improvements
include the addition of a dormer to the top of each stairway tower, for a total height of
forty two-feet, (42').
Gross Floor Area of Proposed Buildings: The existing building consists of 35,853-square-feet.
On and Off-Site Circulation:
A 22,215-square foot (approximately) paved parking lot provides parking for vehicles
using this site, accessed by two driveways. One 24-foot wide driveway is located on the
south side of this site on Cedar Ridge Road, approximately 35-feet east of 2nd Street. A
second 24-foot wide driveway accessing Cedar Ridge Road is located approximately 243-
feet east of 2nd Street.
K.
PUBLIC SERVICES AVAILABLE:
The apartment building has been in continuous operation since 1981, and has been
provided with sewer, water and fire protection. No additional conditions of the site have
been required, as noted within the letters received by the City from the Eagle Sewer
District and the Eagle Fire District
L.
PUBLIC USES PROPOSED: None proposed
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - yes -located within the Boise River Floodplain
Evidence of Erosion - no
Fish Habitat - no
Floodplain - 100 year - Boise River Floodplain
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
While this site is located with the Boise River Floodplain, an environmental assessment
plan is not required. Based upon the determination of the City Floodplain Coordinator,
this application for a height exception/façade enhancement does not require the site to
comply with the requirements of Title 10 Flood Control.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report.
Ada County Highway District
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES:
The Commission/Council shall review the particular facts and circumstances of each proposed
Conditional Use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A.
Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle
City Code Title 8) for the zoning district involved;
B.
Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
c.
Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D.
Will not be hazardous or disturbing to existing or future neighborhood uses;
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E.
Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G.
Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H.
Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I.
Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
B.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Central Business District
Suitable primarily for development that accommodates and encourages further expansion
and renewal in the downtown core business area of the community. A variety of business,
public, quasi-public, cultural, residential and other related uses are encouraged. The
greatest possible concentration of retail sales and business is to occur in this land use
designation. Pedestrian friendly uses and developments are encouraged. Land within this
district requires a CBD zoning designation upon any rezone.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-3 states that Residential, Apartment requires a conditional use permit within
the CBD zoning district.
.
ECC Section 8-2A-3 Effect of Other Provisions:
If any provision of this chapter is found to be in conflict with any other provision of any
zoning, building, fire safety or health ordinance or other provision of this code, the
provision which establishes the higher and/or more restrictive design standard shall
prevail. However, in order to foster rehabilitation of older districts and comply with
unforeseen future needs of the overlay districts, the city council may, at their discretion,
suspend or relax some or all requirements found in this code, if the city council determines
a particular site, setting, or use to be of historical significance.
.
ECC Section 8-2A-6 (A)(7)(a) Additional Height Restrictions:
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
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c.
use permit is approved by the City Council.
.
ECC Section 8-2A-6 (D)(2)(a) states that buildings located within the CEDA (Community
Entry Development Area) are limited to a maximum of two stories in height.
.
ECC Section 8-2A-6 (D)(2)(d) Detailing:
Architectural detailing shall be an important consideration for design approval. Attention
to detail in architectural elements shall include, but is not limited to, walls, pilasters,
parapets, cornices, columns, windows, doors, awnings, exterior lighting, ledges, eaves,
colors and materials.
.
ECC Section 8-5-2 C: Change of Nonconforming Use:
If no structural alterations are made, any nonconforming use of a structure and land may,
upon the issuance of a conditional use permit by the Council, be changed to another
nonconforming use; provided, that the Council shall find that the proposed use is equally
appropriate or more appropriate to the district than the existing nonconforming use. In
permitting such change, the Council may require appropriate conditions and safeguards in
accord with other provisions of this Title.
.
ECC Section 8-7-3-5 (F) Effect OfIssuance On Other Conditional Uses:
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
DISCUSSION:
.
While a senior community apartment building has been in operation at this location for a
number of years, there is no confirmation of a conditional use permit being approved for the
site. A warranty deed of the property indicates that the apartment building was most likely in
use prior to the City of Eagle changing its code to require approval of a conditional use permit
to operate an apartment complex in the CBD zoning district. In most cases, a lawful use that
existed prior to an ordinance revision may continue to conduct business in a lawful manner
whether it may now be considered a non-conforming use or an allowed use which does not
meet newly created requirements. While the applicant desires to make aesthetic changes, and
the use of the site itself is not necessarily being intensified, the initiation of a conditional use
permit causes the site to be subject to conform to the regulations of the CBD zoning district, as
well as the CEDA overlay district, which includes the approval of a design review application.
.
The apartment building is considered a non-conforming use due to a number of factors,
including; the existing building footprint is 13,301 square feet, or approximately 16.5% of the
total square footage of the site (20% is the minimum required within the CEDA overlay
district), the building is three stories high (two stories is the maximum allowed in the CEDA),
and the number of parking spaces is forty-nine (49) (at least seventy (70) parking spaces are
required). Eagle City Code Section 8-5-2 (C), states that a nonconforming use (through the
approval of a conditional use) may be changed to another nonconforming use; provided, that
the Council finds the proposed use is equally appropriate or more appropriate to the district
than the existing nonconforming use. Since the use on the site has been and continues to be an
senior community apartment complex, staff recommends approval to allow the site's current
nonconforming use to continue.
.
The applicant has proposed an addition to the apartment building by raising the existing
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mansard roof from thirty-two feet (32') to thirty-five feet (35'), and adding two dormers to be
located atop the existing mansard roof, raising the height on this portion of the building to an
overall height of forty-two feet (42 '). In addition, dormers will be added to the two stairway
towers (one each located on the east and west elevations), raising the height from thirty-five
feet (35') to forty-two feet (42'). The overall height of the building would be seven-feet (7')
higher than the thirty-five foot (35') maximum allowed in the Central Business District. (Note:
while the plans numerically designate the building height as forty-one and one-half feet (41.5),
a scale measurement includes a dimension closer to forty-two feet (42'». As noted in the
applicant's letter date stamped by the City on May 29, 2003, the purpose of the height
exception is provide visual amenities to update the outside appearance of the building,
commensurate to the recent construction of buildings in the surrounding area.
For comparison purposes, the following building heights are provided for your consideration:
Channel Center Buildings
Eagle Fire station tower
Hilton Garden Inn
41.5 feet
44-feet
45-feet (peak of root)
Staff will defer to the Planning and Zoning Commission and the City Council regarding the
appropriate height for the building.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the non-
conforming status of the apartment building (including lot coverage and parking) to continue. If
the City approves the requested height exception then staff recommends 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 held before the Planning and Zoning Commission on July 14,
2003, 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 no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(I) individual (not including the applicant/representative) who stated that in fourteen years as the
manager of the building, she has not encountered a parking shortage on the site and that there is
adequate parking available, since only half the residents of the apartment building have cars.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-6-03 for a conditional use permit to
allow the non-conforming status of the existing apartment building (including lot coverage, three
story height and parking) to continue, and a height exception to construct dormers, and stair tower
roofing to a height of 42-feet and replace the mansard roof atop the Eagle Manor building for
Tomlinson & Associates with the site specific conditions of approval and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document, dated July 28,
2003.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 26, 2003, 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/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-6-03 for the conditional use permit to allow the non-
conforming status of the existing apartment building (including lot coverage, three story height
and parking) to continue, and a height exception to construct dormers, and stair tower roofing to a
height of 42-feet and replace the mansard roof atop the Eagle Manor building for Tomlinson &
Associates, with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Only the use "Residential, Apartment" is approved with the conditions noted herein, and provided the
apartment building continues to be a senior citizen residential development. The property is subject to
the conditions of design review.
2. The apartment building shall be limited to a maximum height offorty two-feet (42'), as measured from
the average grade elevation surrounding the building to the peak of the dormer roof. No portion of the
stairway dormers or mansard roof shall be used for storage space, or for any occupancy.
3. With the approval to continue the nonconforming use, the Design Review Board may recommend site
improvements to the City Council regarding items including but not limited to, landscaping, building
facade colors and materials, and streetscape.
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.
2.
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.
3.
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.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
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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. 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.
4.
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.
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.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
5.
If any change to the parking lot lighting is proposed, a 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.
6.
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.
7.
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 fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
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,
b.
c.
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18.
d.
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 fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
8.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor 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.
9.
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.
10.
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.
11.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) fÌ"om the Corps. of Engineers prior to issuance of a building
permit.
12.
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.
13.
Basements in the flood plain are prohibited.
14.
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.
15.
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.
16.
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.
17.
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 fÌ"om the City Council
approval date).
The City's actions on the application does not grant the applicant any appropriation of water or
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interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 29, 2003.
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 June 24, 2003. 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 June 18,2003. Requests for agencies' reviews were
transmitted on May 30,2003, in accordance with the requirements of the Eagle City Code.
3. The City Council 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:
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 since a residential apartment building requires the approval of a conditional
use permit in the CBD zoning district and since Eagle City Code Section 8-2A-6 (A)(7)(a)
states in part that additional building height above 35-feet may be permitted if a
conditional use permit is approved by the City Council (as noted herein this document);
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8)
since there are no inconsistencies with the Comprehensive Plan and since the development
will be required to meet conditions of a design review application;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area since the existing apartment
building is being altered to be more aesthetically commensurate with surrounding
buildings in the area and will be required to meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site
is currently being used as an apartment building (Eagle Manor) for senior housing;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services as noted in responses received by agencies
providing the public services or as represented by the applicant's architect.
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
apartment building has previously been improved with public facilities;
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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 since the site is utilizing
existing driveway accesses and no additional driveways are proposed or approved with
this application; 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 this site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
5. While the Commission (as noted within their Findings of Fact and Conclusions of Law document, dated
July 28, 2003) recommended to the Design Review Board that the installation of metal roofing on the
building be discouraged, the City Council did not specifically address this item.
DATED this 9th day of September 2003.
CITY COUNCIL
OF THE CITY OF EAGL
, Ada County, Idaho
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