Findings - CC - 1983 - Development Permit - Sewage Treatement Facility North Of North Channel Boise River
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CITY OF EAGLE, IDAHO
Applicant.
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In the Matter of
APPLICATION NO.
EAGLE SEWER DISTRICT,
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
FINDINGS OF FACT
l}
On February 11, 1983, the Eagle Sewer District,
the applicant herein, applied for a development permit pursuant
to the provisions of Ordinance 82 of the City of Eagle, Idaho.
The Eagle Sewer District an independent tax district serving
the residents of the City of Eagle, has purchased property
and has opened bids which will lead to the construction and
maintenance of a sewage treatment facility at a location immediately
North of the North Channel of the Boise River within the City
of Eagle.
Because the land in question lies within the flood
plain as designated by various agencies of the United States
Government, any construction within that flood plain must
comply with the provisions of the Flood Plain Ordinance.
2)
In its comprehensive application, the Eagle Sewer
District has set forth each of those items required by Section
2, Chapter 4 of the Flood Plain Ordinance to be contained
in an application for a development permit.
Those required
items include plans drawn to scale showing the nature, location,
dimensions and elevations of the area in question; existing
and proposed structures, field, storage or materials; drainage
facilities and their locations; elevation in relation to sea
FINDINGS - PAGE ONE
31
level of the lowest floor of all structures; elevation in
relation to sea level to which any structure has been flood-
proofed; certification by a registered professional engineer
or architect that the +lood proofing method for any non-residential
structure meet the flood proofing criteria contained in the
Flood Plain Ordinance; and a description of the extent to
which any water course will be altered or relocated as a result
of the proposed development.
3)
To the extent that the applicant has responded to
each of the above items in its application for a development
permit, the City Council finds that all requirements for the
filing of an application for development permit have been
met by the applicant.
Based upon these standards for review
of application contained in Section 6, Chapter 4 of the Flood
Plain Ordinance, the City Council makes the following specific
findings:
(a)
A sight grading plan has been provided by the appli-
cant and is contained as an exhibit to its application.
All
final gradings will be accomplished to eliminate the possibility
of fugitive materials remaining loose on the site such that
they may be swept away during flood flows.
(b)
In order to minimize the danger to life and property
due to flooding or erosion damage, the applicant will maintain
a buffer of vegetation for repair and habitat and to prevent
erosion.
The lagoon dikes to be constructed by the applicant
will be riprapped to prevent erosion.
Final sight grading
will be accomplished to reduce the potential for flooding.
FINDINGS - PAGE TWO
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(c)
With respect fo the susceptibility of the~prop6sed
sewage treatment plant and its contents to flood damage and
the effect of such damage on the individual owner, that is
to say the applicant, all portions of the facility subject
to damage will be protected from a 100 year flood.
I .
(d)
Based upon representations made by the applicant
in its application, the design of the facility has been reviewed
and approved by the Corpsóf Engineers for flood susgeptibility.
In the event of damage to the facility, the effect would be
a loss of treatment for municipal sewage.
Based upon this
fact, the applicant has stated that protection from flood
damage to the facility has been a high priority during the
planning stages of this project.
(e)
In addressing the importance of the services provided
by the proposed sewage treatment facility to the Eagle City
community, the applicant has stated that the continued existance
of the City of Eagle as a viable community would be threatened
by ,the construction and maintenance of the proposed treatment
facility.
(f)
Since sewage treatment and public health are in-
extricably linked, its importance to the community is apparent.
Without the proposed treatment facility, the existing sewage
treatment plant will continue to discharge untreated waste
into the Boise River.
(g)
The applicant has explored the availability of alter-
native locations for the proposed sewage treatment facility
which are not subject to flooding or erosion damage and states
FINDINGS - PAGE THREE
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that no sites are available which accommodate the long term
planning in the Eagle area as well as the proposed site.
The applicant states that sewage treatment facilities are
often located in flood plains of rivers because of their lower
elevations and, normally, sewage service is provided by gravity
lines~
The applicant further states that the proposed location
of the sewage treatment facility will generally provide gravity
sewer service to the planning area.
A relocation of the site
would eliminate much of the planning area from service and
would displace productive agricultural land.
(h)
The proposed use will not displace productive agri-
cultural land, nor will it affect the present use of adjacent
agricultural land.
Because of the policies contained in the
Eagle Comprehensive Plan and the Eagle City Zoning Ordinance,
it is unlikely that a residential development will occur without
the construction and maintenance of the treatment facility.
(i)
The Eagle Comprehensive Plan acknowledges and states
that this land was purchased by the Eagle Sewer District for
the express purpose of creating a waste water treatment facility.
The facility is not in the floodway itself.
The applicant
in its plans for construction of the facility has provided
a buffer zone between 200 and 300 feet from the river.
This
buffer zone, according to the applicant, should be sufficient
to satisfy the goals of the flood plain management program.
(j)
Access roads to the facility and important portions
of the facility will be maintained above the 100 year flood
FINDINGS - PAGE FOUR
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plain elevation to allow access to the facility by ordinary
and emergency vehicles even during times of flood.
(k)
The maximum 100 year flood level on the sight is
expected to be 2,537.9 feet at the east end of the facility
and 2,535.0 feet at the west end of the facility.
The expected
vèlocity is approximately 2.5 feet per second to 3.5 feet
per second.
According to the applicant, this velocity represents
scour velocity, and the facility has been designed to withstand
its effects.
Waive action will have no significant effect
on the facility.
Sediment transport should not be changed
significantly as a result of the construction of the sewage
treatment facility.
(1)
As an independent taxing district, Eagle Sewer District
is a public entity, and all costs providing governmental services
during and after flood conditions will be maintained by the
district and its users.
Based upon the foregoing Findings of Fact the Eagle City
Council at its May lO, 1983, meeting voted to approve the
issuance of a development permit to the applicant.
The approval
of this application was based upon the following:
CONCLUSIONS OF LAW
1)
The application of the Eagle Sewer District for
a development permit dated February 11, 1983, complies with
the requirements for the filing of such an application as
set forth is Section.2, Chapter 4 of Ordinance No. 82.
FINDINGS - PAGE FIVE
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2)
The standards used by the City Council for its review
of the application of the Eagle Sewer District for a development
permit are those standards contained in Section 6, Chapter
4 of Ordinance No. 82 and as more specifically contained in
the above Findings of Fact as adopted by the City Council.
3)
The application of the Eagle Sewer District for
a development permit fulfills the statement of purpose contained
in Section 2, Chapter 1 of the Flood Plain Ordinance and as
such the City Council has determined that issuance of the
development permit is appropriate.
ADOPTED by the Council of the City of Eagle, Idaho, this
28th day of June, 1983.
APPROVED by the Mayor of the City of Eagle, Idaho, this
28th day of June, 1983.
ATTEST:
~<VÙ -~~¿
ONNIE KRASOM I
City Clerk
FINDINGS - PAGE SIX
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Moved by HALEY and seconded by WALKER to except the bid for
$100.00 from Don Grandmason for the old city copier. Motion
resulted as follows: AYE: HALEY, STOPPELLO, WALKER. Motion
carried.
Moved by HALEY and seconded by WALKER to pay the claims
against the City. Motion resulted as follows: HALEY, WALKER,
STOPPELLO,AYE. Motion carried.
Councilman WALKER presented a plan by a Boy Scout by the
name of Matt Bea1 to build a picnic canopy for the Hillside Park.
The idea was approved of, however, the funding would have to come
mostly from other sources than the City.
Mayor Deckard adjourned the meeting at 8:50 P.M.
x:i:n~- ~ /41 Æ - .
Bonnie Krasow i, City Clerk