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Findings - PZ - 2005 - CU-10-05 - Construct A 9,934 Sq Ft Expansion/21.38 Acre/1001 W. State Street ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICA nON FOR A ) CONDITIONAL USE PERMIT FOR A BUILDING ) EXPANSION TO THE CHURCH FACILITY ) FOR THE EAGLE CHURCH OF THE NAZARENE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-IO-OS The above-entitled conditional use permit application came before the Eagle Planning and Zoning Commission for their recommendation on August 1, 2005. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle Church of the Nazarene, represented by Jim Main with Design West Architects, is requesting a conditional use permit to construct a 9,934-square foot building expansion. The 2\.38-acre site is located on the south side of West State Street approximately 3,200- feet west of Eagle Road at 1001 West State Street. B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on June 22,2005. 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 July 11, 2005. 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 13, 2005. Requests for agencies' reviews were transmitted on June 29, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On October 26, 1999, the Eagle City Council approved a conditional use permit to construct a building expansion to the church facility and height exception to place a forty five foot (45') high cross on the top of the Eagle Church of the Nazarene building (CU-6- 99). On October 5, 2000, the Eagle City Council approved a design review application to construct a building expansion to the Eagle Church of the Nazarene building (DR-29-99). On November 27, 2001, the Eagle City Council approved a design review application to modify the approved landscape plan for the Eagle Church of the Nazarene (DR-29-99 MOD). E. COMPANION APPLICATIONS: V-OI-05 (variance to construct a building expansion within the 50' flood way setback from Dry Creek) DR-62-05 (design review application for the building and Page 1 of 11 K:\Plllllning Dt::pt\Euglt: Applu.:atiolls\CU\2005\CU-1 0-05 pzf.JO(; parking lot expansion) F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Residential Four (up to R-4 (Residential) Church four units per acre) Proposed No Change No Change No Change North of site Residential Four (up to R-4 (Residential) Residential/ Agricu ltural four units per acre) South of site Residential Four (up to R-4 (Residential) State Highway 44 four units per acre) East of site Residential Four (up to R-4 (Residential) Residential four units per acre) West of site Residential Four (up to R-4 (Residential) Residential four un its per acre) G. DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: There is an existing 36,330-square foot building on the site with recreation fields to the east and south of the building. I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQUIRED Total Acreage of Site 2\.38-acres (931,312-square feet) 0.18-acres (8,000-square feet) (minimum) Percentage of Site Devoted to 4% (approximately) 40% (maximum) Building Coverage Percentage of Site Devoted to 67% (approximately) 10% (minimum) Landscaping Front Setback 220-feet (north) 20-feet (minimum) Rear Setback nO-feet (south) 25-feet (minimum) Side Setback 210- feet (west) * 7.5-feet (minimum) Side Setback 2 IS-feet (east) 7.5-feet (minimum) * Note: The building is required to be setback 50-feet from the flood way line on the western side Page 2 of 11 K:\PI..l.lluing Dept\Eagle Applicutiuns\CU\2005\CU-IO-05 pZLUllC of the property. J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: One building, church facility. Height and Number of Stories of Proposed Buildings: 35-feet, two stories. Gross Floor Area of Proposed Buildings: Existing Proposed 1 'I floor = 28, 130-square feet 7,290-square feet 2nd floor = 8,200-square feet 2,644-square feet Total = 35,420-square feet 1O,844-square feet Total square footage of building = 46,264-square feet On and Off-Site Circulation: A 106,320-square foot (approximately) paved parking lot provides parking for vehicles using this site. One 30-foot wide driveway is located approximately 30-feet west of the eastern property line and a 30-foot wide driveway is located 360-feet east of the western property line to provide this site access to West State Street. K. PUBLIC SERVICES A V AILABLE: The Eagle Sewer District states the site is within the District's service boundaries and construction plans will need to be approved prior to the connection of sewer service located within the adjacent roadway. Approval of the water company having jurisdiction over the site is required prior to the issuance of any building permits for the site. 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 - The majority of this area is designated as a Hazard Area and Special Area in the Comprehensive Plan Evidence of Erosion - no Fish Habitat - Not known Floodplain - 100 year Floodway - Yes Mature Trees - Yes Riparian Vegetation - Yes Steep Slopes - no Stream/Creek - Dry Creek Unique Animal Life - Unknown Unique Plant Life - Unknown Unstable Soils - Unknown Wildlife Habitat - Yes Page 3 of 11 K:\Plullllillg Dept\Eagle Applil.:utions\CU\2005\CU-IO-05 pZi'.UllC O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Impacts to the Floodway and Floodplain have been addressed by the applicant in a format separate from an EAP. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated June 16, 2005, are of special concern (incorporated herein by reference). Central District Health Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Q. LETTERS FROM THE PUBLIC: None 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; 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 tllOroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. Page 4 of 11 K:\Plunnillg Dept\Eagk Applicati<':>lls\CU\2005\CU-10-05 pzt".J.,c ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 7 - Natural Resources and Hazard Areas 7.8 Hazard Areas The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consists of two parts: (1) the flood way which is the most severe area of flooding characterized by deep and fast moving water; and (2) the floodplain which is less severe than the flood way and is characterized by shallower and slower moving waters at the time of flooding. Chapter 9 - Parks, Recreation and Open Spaces 9.5 Pathways and Greenbelts Pathways are nonmotorzed 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 B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-7-3-5(F) A conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. C. DISCUSSION: . 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: 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 R-4 zoning since a Church is shown as needing approval of a conditional use permit in R-4 zoning district on the "Official Schedule of District Regulations" chart of that section; 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; Page 5 of 11 K:\Plullnillg ~pt\Eaglo: Applil,;UliulIs\CUi2005\CU-] 0-05 PZl.UOC 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 not only be required to meet the conditions noted herein but will also be required to meet the City's design review requirements; D. Will not be hazardous or disturbing to existing or future neighborhood uses since adequate buffers will be required with the design review application for this site; 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 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; 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 as are to be approved by the highway district having jurisdiction; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since the existing trees are proposed to be retained and since no scenic or historic feature is apparent on this site. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the conditional use permit 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 held before the Planning and Zoning Commission on August 1,2005, 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 no one (not including the applicant/representative). Page 6 of 11 K:\PhUUlillg IXpl\Eagk Applir.:atilllls\CU\2005\CU-IO-05 pzLJ(IC COMMISSION DECISION: The Commission voted 4 to 0 (Aspitarte absent) to recommend approval of a conditional use permit for a building expansion to the Eagle Church of the Nazarene, with the following staff recommended site specific conditions of approval and standard conditions of approval, with underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Only the use (church facility expansion) is approved. The property is subject to the conditions of design review. Comply with any applicable requirements of DR-62-05. 2. The two (2) structures which currently encroach in the Floodway and Floodplain shall be removed prior to the issuance of a zoning certificate for the proposed building addition. 3. The proposed building addition shall comply with all conditions of Eagle City Code Title 10 and The Code of Federal Regulations regarding variances. 4. Comply with the requirements of V -01-05. 5. Comply with any applicable requirements of the City Engineer. 6. Submit payment to the City for all Engineering fees incurred for reviewing this project prior to the City issuing building permit. 7. A revised landscape plan showing a pathway to be located along Dry Creek shall be reviewed and approved by the Eagle Parks and Pathway Committee prior to the issuance of a zoning certificate for the proposed building addition. The pathway is not required to be constructed with this building addition (Youth Center) but shall be constructed with the construction of anv future building additions. 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. Department of Environmental Quality approval of the sewer and water facilities is required prior issuance of any building permits. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit. 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. 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. 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 Page 7 of 11 K:\Pl<umiug Dept\Eagk Applicali'111.~\CU\2005\CU-IO-05 pzf.Joc 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. 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. 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. 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 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. 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 Page 8 of 11 K:\PlaJUlillg Dept\Eag]~ Applications\CU\2005\CU-IO-05 pZLJllr.: Department. " b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 13. 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. 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. 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. 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. 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. 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 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. 22. 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 City Council approval date). Page 9 of 11 K:\PIUlUling Dept\Eagle Applicalillns\CU\2005\CU-1 0-05 pZf.tlllC 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. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on June 22, 2005. 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 July 11, 2005. 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 13,2004. Requests for agencies' reviews were transmitted on June 29, 2005, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit application (CU-1O-05) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed conditional use permit is in accordance with the Eagle City Code because: 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 R-4 zoning since a Church is shown as needing approval of a conditional use permit in R-4 (Residential) zoning district on the "Official Schedule of District Regulations" chart of that section; 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 development will not only be required to meet the conditions noted herein but will also be required to meet the City's design review requirements; D. Will not be hazardous or disturbing to existing or future neighborhood uses since adequate buffers will be required with the design review application for this site; 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 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; 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; Page 10 of 11 K:\PbllUillg Dc:pt\Eugk Arplil:<lli')llS\CU\2005\CU-1O-0S pzLt.lol,: H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares as are to be approved by the highway district having jurisdiction; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance since the existing trees are proposed to be retained and since no scenic or historic feature is 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. DATED this 15th day of August 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ) /, ;/7 ATTEST: ~(~'I- ~~/Y\--qh>--.-I ../ Sharon K. Bergmann, Eagle City ~rk Page 11 of 11 K\Planlliug Dept\Eaglo: Applil,;uti\lllS\CU\2005\CU- ]0-05 pZf.U\lC