Findings - CC - 2005 - CU-4-05 - Expansion Of Existing Wastewater Treatment Facility/53.2 Acre/1993 W State
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A )
WASTEWATER TREATMENT FACILITY FOR )
EAGLE SEWER DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-4-05
The above-entitled conditional use permit application came before the Eagle City Council for their action
on July 12,2005. 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:
The Eagle Sewer District, represented by Daren Fluke with J-U-B Engineers Inc., is
requesting a conditional use permit to allow for expansion of the existing wastewater
treatment facility. The 53.2-acre site is located on the south side of the State Highway 44
approximately 200 feet west of Ballantyne Road at 1993 West State Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by thc City of Eagle on April 28, 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 rcquirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on May 16, 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 May 11,2005. Requests for agencies' reviews were transmitted on May 9,2005,
in accordance with the requirements of the Eaglc 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 June 27, 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 22,2005.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: A-5-05 & RZ-8-05
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two RUT (Residential - Ada Agriculture
County designation)
Proposed No Change PS Public/Semipublic Wastewater treatment
facility
North of site Mixed Use & Residential PS (Public/Semipublic), A Agriculture & Residential
Two (Agricultural), A-R (two units/acre)
(Agricultural-Residential) &
R2-DA-P (Residential-
Development Agreement-
Planned Unit Development)
South of site Industrial A (Agricultural) Wastewater treatment
East of site Public/Semi-Public RUT (Residential- Ada Wetland mitigation
County designation)
West of Site Residential Two RUT (Residential - Ada Agriculture
County designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The parcel(s) are fronted by Highway 44 and are currently being utilized as pasture and
farm ground. The southwest comer of the proposed area for annexation & rezone lies
within the 100-year floodplain.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 53.2 acres N/A
Percentage of Site Devoted Approx. 25% Not to exceed 50% (as
to Building Coverage conditioned herein)
Percentage of Site Devoted Approx. 8.5% 8.5% (as conditioned herein)
to Landscaping
Number of Parking Spaces To be determined with N/A
Design Review
Front Setback 75-feet 75-feet (as conditioned herein)
Rear Setback O-feet O-feet (as conditioned herein)
Side Setback (east) 74-feet 50-feet minimum (as
conditioned herein)
Side Setback (west) I 69-feet 50-feet minimum (as
conditioned herein)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
24+/- buildings and/or structures are specifically being proposed at this time.
Additional structures should not excced one-story. All buildings will require
design review approval.
Height and Number of Stories of Proposed Buildings:
A single-story and (2) two-story buildings are specifically proposed at this time.
Additional structures should not excced one-story. All buildings will require
design review approval.
Gross Floor Area of Proposed Buildings:
Approximately 25% (not to exceed 50%)
On and Off-Site Circulation:
The property is currently being accessed from the driveway being utilized for the
existing sewer treatment facility to the south. There is also an access point west of
the existing driveway, which is utilized for farming the northwest corner of the
property. The west access will possibly be utilized later after the re-alignment of
Ballantyne Road.
K. PUBLIC SERVICES A V AILABLE:
United Water indicated the site is serviceable with a l2-inch water main in Ballantyne on
the north side of State Street.
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L. PUBLIC USES PROPOSED: The facility is a public use.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - N/A
Evidence of Erosion - N/ A
Fish Habitat - Boise River south of the site.
Floodplain - I OO-year floodplain in the southwest comer of site.
Mature Trees - located in area of east access road at Highway 44.
Riparian Vegetation - N/A
Steep Slopes - N/A
Stream/Creek - N/ A
Unique Animal Life - N/A
Unique Plant Life - N/A
Unstable Soils - N/A
Wildlife Habitat - N/ A
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Idaho Power
United Water
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
1. 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:
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as Residential Two, suitable primarily for single-family residential development
within areas that are rural in character. Residential density of up to two dwelling units per acre
may be considered by the City for this area.
AMENDED 2000 COMPREHENSIVE PLAN, ADOPTED SEPTEMBER 14,2004
Chapter I
Overview
1.1
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
b. To ensure that adequate public facilities and services are provided to
the people at reasonable cost.
Chapter 3
Population
3.1
Background
Past and current population patterns of Eagle, Ada County, and Idaho help in
understanding the anticipated demands on the community's resources for the next
20 years.
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3.4 Objective
To plan for anticipated populations and households that the community can
support with adequate services and amenities.
Chapter 4
Schools, Public Services and Utilities
4.1
Background
Public utilities, facilities, and services are necessary for the overall welfare of the
public and are generally available to Eagle residents. The City and special
districts provide the basic services of water, sewer, school, police, fire and library
to residents. With Eagle's h'Towing population come the need for increased public
services and the necessity to improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded
play an important role in the location and intensity of future housing, commercial
and industrial development. Since the City of Eagle depends on outside
providers, it must be involved in any plans that will affect the community. Service
providers currently include:
. The Eagle Sewer District provides sewer service within a desih'11ated
sewer service area. Larger lot homes have wells and septic systems and
must comply with Central District Health Department requirements.
4.3 Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services and schools.
4.4 Objectives
a. To encourage the reduction of overlapping service areas and/or illogical service
boundaries. Strive for continued cooperation between service and utility providers
and the City.
4.5 Implementation Strategies
j. The City and the Eagle Sewer District should continue to work together to
coordinate urban development based upon the Land Use component of the
Comprehensive Plan and the Eagle Sewer District's master plan.
Chapter 9
Parks, Recreation and Open Spaces
9.5
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
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Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
9.5.1 Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
Chapter II
Special Areas and Sites
11.1
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain,
and the North Foothills possess a recognized function as a wildlife habitat,
floodway and scenic natural resource reflective of Eagle's rural character.
These special areas will require comprehensive and specific planning to ensure
that such topographical, hydrological, ecological, architectural and scenic
concerns have been thoroughly addressed and incorporated into any engineering
and development plans. The special review process should include, but not be
limited to the following:
. Area wide drainage including hillsides, foothills and gulches
. Water quality
. Sanitation
. Area-wide traffic plans
. Pathways, trail access
. Wetlands issues
. Fish and wildlife habitat
. Existing trees and natural features
. River and creek greenbelt areas
. Potential for permanent open space and natural preserves including steep
hillside terrain, rock outcroppings and foothill gulches.
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11.2 Recognized Special Areas and Sites
Boise River Floodplain
The Boise River Floodplain is designated as a special area due to its ecological
and scenic significance. The area comprises the two channels of the Boise River
and intervening and immediately adjacent areas as generally depicted on the
Comprehensive Plan Land Use Map.
Goal
To promote the conservation and efficient management of all Special Area and
Sites.
Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
i. The City may require developers to prepare and submit an environmental
assessment and any such additional reports as the City may from time to time
require, for any development on land within an area designated as a Special
Area or Site or for any development impacting a designated Special Area or
Site.
Chapter 12
Community Design
12.4
Implementation Strategies
i. Buffer and transition zones should be developed between conflicting types of
land use.
j. The Urban Service Planning Area, as defined by ordinance, should be
established as the prime urban development area of the City and Impact Area.
Development should be allowed in the area on the condition that sewer and
domestic water facilities would be provided to such development as described
by the Water Supply and Sewer Policies of the Public Services Facilities and
Utilities section of this Comprehensive Plan.
SOARING 2025 WESTERN SUB-AREA PLAN, ADOPTED SEPTEMBER 14, 2004
Chapter 2 Community Design
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2.2 Future Conditions
Over the next 20 years the City of Eagle is forecasted to experience high growth
rates that without proper management and planning will impact the quality of life
and housing options available to its residents. Rather than ignore the growth
pressures that are currently shaping most Treasure Valley communities the City of
Eagle is look at option to embrace housmg alternatives and transit density while
preserving the rural nature of the City.
2.3 Goals
Sustainability at build out (2025): Ensure the ability for the city to continue to
fund, improve and support itself, including infrastructure and parks, without the
use of building permit fees, impact fees and zoning fees.
2.4 Objectives
Work to accommodate the projected Eagle Planning Area population and the
portion of the Northwest Rural Demographic population, located in the Eagle
AOI, by 2025.
2.5 Implementation Strategies
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
Chapter 4
Public Facilities and Services
4.1
Background
As the City of Eagle develops westward it is important to understand the variety
and availability of services within the area. Numerous special districts combine
with City services to protect and enhance the health safety and welfare of the
Eagle community.
4.9.1 Sewer
Background
The Eagle Sewer District (ESD), established in 1963, is a public entity separate
from the City of Eagle, the service area of which generally corresponds to the area
within the Eagle City limits. Extensions of the ESD service area are accomplished
by actions of the ESD Board of Directors, and for the most part match
annexations to the City. However, they do not have to match annexations to the
City either in location or in time. ESD serves all of the residential and commercial
users in the City that are receiving central sewer service. In addition to users
served by central sewer, many homes in the District's service area have disposal
by septic tanks and drain fields. The District currently provides for wastewater
treatment to secondary standards with ultimate disposal through facilities of the
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City of Boise, under a long-term agreement between the District and the City of
Boise.
Future Conditions
Due to total pollutant loading limitations for the Boise Rive, wastewater effluent
discharges to the Boise River may become far more stringent in the future than
they are at present. Additional development may at some time require alternatives
to stream discharge.
ESD will continue to plan for consequences of such potential intensification of
stream discharges to meet the needs for central sewer in areas within the City.
ESD is committed to providing central sewer service to areas within the City of
Eagle.
It is the City of Eagle's policy to accommodate orderly and appropriate
development at a pace that does not unreasonably impede or burden the
development process. Timely extension of sewer service is an essential feature of
orderly development. Hence, in the future the City of Eagle will take an active
interest in sewerage and wastewater issues.
4.9.1 Goals
Ensure that sewerage and effluent disposal utilities expansion and extension will
keep pace with and be available in a timely manner to development projects
within the City.
Ensure that sewerage and disposal facilities development will not through
insufficiency foster impediments to orderly and appropriate development of the
City as set forth in other sections of this Comprehensive Plan.
4.9.2 Objectives
Provide assurance of Eagle's capability to sustain orderly and appropriate growth
by maintaining awareness of Eagle Sewer District's plans for expansion and
schedules for extension, and reviewing how these plans fit with the known plans
of the development community in Eagle.
4.9.3.1 Implementation Strategies
a. Consult at regular interval with Eagle Sewer District regarding its
expansion and extension plans.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2 defines a PUBLIC SERVICE FACILITY as:
The erection, construction, alteration, operation or maintenance of buildings, power
plants or substations, water treatment plants or pumping stations, sewage disposal or
pumping plants and other similar public services structures by a public utility, by a
railroad whether publicly owned or privately owned, or by a municipal or other
governmental agency, including the furnishing of electrical, gas, rail transport,
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communication, public water and sewage services.
. ECC Section 8-2-3 SCHEDULE OF DISTRICT REGULATIONS
Requires Public Service Facilities to obtain a Conditional Use Permit for locating
facilities within a PS Public/Semipublic Zone.
. ECC Section 8-3-3 SUPPLEMENTAL YARD AND HEIGHT REGULATIONS
D. Side And Rear Yards For Nonresidential Uses Abutting Residential Districts:
Nonresidential buildings or uses shall not be located nor conducted closer than forty
feet (40') to any lot line of a residential district; except that the minimum yard
requirements may be reduced to fifty percent (50%) of the requirement if acceptable
landscaping or screening approved by the council is provided. Such screening shall be
a masonry or solid fence between four (4) and eight feet (8') in height, maintained in
good condition and free of all advertising or other signs. Landscaping provided in lieu
of such wall or fence shall consist of a strip of land not less than twenty feet (20') in
width planted with an evergreen hedge or dense planting of evergreen shrubs not less
than four feet (4') in height at the time of planting.
. ECC 8-3-4 COMMERCIAL AND INDUSTRIAL USES RESTRICTED
A. Performance Requirements: No land or building in any district shall be used or
occupied in any manner creating dangerous, injurious, noxious or otherwise
objectionable conditions which could adversely affect the surrounding areas or
adjoining premises; except, that any case permitted by this title may be undertaken
and maintained if acceptable measures and safeguards to reduce dangerous and
objectionable conditions to acceptable limits as established by the following
performance requirements:
3. Noise: Objectionable noise, as determined by the administrator, which is due to
volume, frequency or beat shall be muffled or otherwise controlled. Air raid sirens and
related apparatus used solely for public purposes are exempt from this requirement.
5. Air Pollution: Air pollution shall be subject to the requirements and regulations
established by the health authority.
6. Glare: No direct or reflected glare shall be permitted which is visible from any
property outside a manufacturing district or from any street.
8. Water Pollution: Water pollution shall be subject to the requirements and
regulations established by the health authority.
B. Measurement Procedures: Methods and procedures for the determination of the
existence of any dangerous and objectionable elements shall conform to applicable
standard measurement procedures published by the American standards institute, New
York, the Manufacturing Chemists' Association, Inc., Washington, D.C., the United
States bureau of mines and the health authority.
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C. Enforcement: The administrator, prior to the issuance of a zoning permit, may
require the submission of statements and plans indicating the manner in which
dangerous and objectionable elements involved in processing and in equipment
operations are to be eliminated or reduced to acceptable limits and tolerances. (Ord.
40, 10-1978, rev. 9-1980)
D. DISCUSSION:
. ECC Section 8-7-3-2 establishes standards for the approval of a Conditional Use.
A. Public Service Facilities as defined in ECC Section 8-1-2 are allowed by
Conditional Use in the Public/Semipublic PS Zone.
B. The expansion of the waste water treatment facility complies with and fulfills
numerous objectives of the City of Eagle's 2000 and Soaring 2025 Sub-Area
Westem Area Plan as noted in Section A of the Staff Analysis regarding
Comprehensive Plan Provisions. The proposed expansion of the wastewater
treatment facility at the current site meets the general objectives of the
Comprehensive Plan by providing a safe and equitable option to protect the
health and general welfare of the citizens of Eagle and others who may be
downriver from the current site.
In order to address the projected growth and meet the objectives of the
Amended 2000 Comprehensive Plan and Soaring 2025 "Western Area Plan"
adequate facilities to meet the dem~nds of the City of Eagle must be planned
and built.
The current adopted Comprehensive Plans places responsibility on the City of
Eagle and the citizens to cooperate with the Sewer District so the District can
provide services in a timely matter to sustain orderly and appropriate growth.
The expansion being proposed will accomplish this without having to locate a
new facility elsewhere therefore eliminating overlapping service areas.
C. Eagle Sewer District is proposing to construct berming and landscaping at this
time, which is 2-5 years before the treatment facility is constructed to allow
for the landscaping to effectively screen the site. The new site is bordered by
the existing sewer site, State Highway 44, wetland mitigation area and
agriculture; it appears that the expanded facility would not change the
essential appearance and character of the general vicinity, particularly due to
the use of effective berming and landscaping.
D. The proposed use should not be hazardous or disturbing to existing or future
neighboring uses since the Eagle Sewer District will be incorporating state of
the art odor and noise control elements to mitigate the past objectionable
aspects of the proposed land use.
E. This proposed site is currently served by essential public facilities and
services at this time and should not create any noticeable additional burden on
the existing facilities or services.
F. The proposed facility is a public facility which operates as an independent
taxing district, there will be costs associated with it at the time of
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construction. If an additional waste water treatment facility is not constructed
the Sewer District will not be able to meet the needs of the anticipated growth
of the city therefore becoming detrimental to the cities economic welfare.
G. It is in the best interests of the Scwer District and the citizens of Eagle to
ensure that the operation of the wastewater treatment plant does not generate
excessive noise, glare, traffic, or odors. Eagle Sewer District will be required
to meet very restrictive requirements by State and Federal agencies for the
construction of this facility. In regards to air and water issues they will be
addressed by these agencies. The design review process along with the
proposed landscaping and berming should address noise and glare issues. The
design review process will also insure that future buildings are screened and
designed to fit with the design theme of the City.
H. The existing sewer facility is currently being served by an ingress/egress
access from Highway 44. The Idaho Transportation Department (ITD) must
review and approve the location and of any access to the proposed site. The
required design and improvements will be regulated by ITD so that they may
preserve the function of the public road while allowing access to the site.
I. The proposed use should not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance. At this time no such
resources have been identified on site. This site was farmed for many years
and is currently in an unnatural state. There are existing wetlands present on
the site and are currently being delineated. The proposed land use will have
no impact on natural, scenic, or historic feature of major importance.
. A pathway is indicated along the north boundary in the 2000 Eagle City
Comprehensive Plan's Transportation/ Pathway Network Map #1 of 2, to meet this
objective a pathway should be constructed along this boundary.
. The south west corner of the property lying within the flood way will need to be
addressed during the development process to insure the area is protected from
encroachment.
. Eagle Sewer District is proposing a seventy-five foot landscaped area containing a ten-
foot high berm adjacent to State Street and a twenty-foot densely landscaped area on
the east and west boundaries to be constructed within a year after approval to address
the buffering between conflicting types of land use. This will allow for two to five
years of plant growth before a building pernlit is issued.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staffrecommends 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 June 6,
2005, at which time testimony was taken and the public hearing was closed. The Commission made
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their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one individual who had concerns regarding how J-U-B Engineers handled the development of the
current sewer treatment facility to the south of the proposed new facility. Due to this concem the
individual felt that approval of an open ended conditional use permit without a specific final site plan
would be inappropriate. The individual also had concerns regarding the size, height and style of the
buildings.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of the conditional use permit
for a wastewater treatment facility for the Eagle Sewer District with the following staff
recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Commission and strikethrough text to be deleted by the
Commission:
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 12, 2005, 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 one individual (not
including the applicant/representative) who testified they feel comfortable that the Sewer District can
mitigate light, noise and odor. They individual also felt the City should wait until the applicant
determines the specific kind of treatment facility before deciding on final screening and berming
design.
D. Oral testimony neither in favor of or against this proposal was presented to the City Council by one
individual who indicated that screening berms should be placed adjacent to the frontage and east and
west boundaries due to this area being located at the entrance to the City.
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek abstained) to approve CU-04-05 for a conditional use permit
for a wastewater treatment facility for the Eagle Sewer District with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of
approval with underline text to be added by the Council and strikethrough text to be deleted by the
Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the development agreement for RZ-8-05.
2. The owner shall submit a Design Review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review prior
to the issuance of a zoning certificate.
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3. The applicant shall construct a minimum seventy-five foot (75') wide landscaped buffer area with
a minimum ten foot (10') high berm constructed with a 3: I slope along State Highwav 44 in
accordance with ECC 8-2A-7(J)(4)(c) and a flftv foot (50') wide landscaped buffer area with a
se','eR f-eet (7') high Berm with a 3:1 slope adiacent to the east and west boundaries of the site_
4. The applicant shall submit a master site Design Review application for review and approval bv the
Design Review Board prior to the commencement of anv grading and/or construction of berms on
the site. Berm construction and associated landscaping shall be completed prior to the issuance of
anv building permits.
5. A separate Design Review application shall be required for any signage for the site.
6. All living trees that do not encroach upon the buildable area of the lot shall be preserved, or as
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the landscaping areas (unless approved for removal by the City Forester and the
Design Review Board) shall be provided for Design Review Board approval prior to the issuance
of any building permits.
7. Landscaping and landscaped berms along the Property's frontage on West State Street (State
Highway 44) shall be completed and installed within one (I) year from the date hereof to assure
adequate screening when the buildings and other compollents of the wastewater treatment facilities
are subsequently constructed on the property.
8. Prior to the issuance of building permits the applicant shall provide a written statement addressing
how odors will be mitigated with the assurance that the selected effluent treatment process will not
produce obiectionable odors.
9. All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted
architecture styles are specifically those shown within the Eagle Architecture and Site Design
Book (EASD Book). Architecture styles and building design elements that are not shown with the
EASD Book will not be permitted.
10. The applicant shall have an on-site meeting with the City Forester to survey all existing trees.
Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City
Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
11. The Applicant shall submit, as may be determined by the Flood Plain Administrator, a Flood Plain
Development Pelmit in compliance with all rules, regulations and ordinances as required by Title 10,
Flood Control, of the Eagle City Code.
12. The site shall be limited to no more than one access point onto State Highway 44, subject to the
review and approval of the Idaho Transportation Department. If a the realignment of the intersection
of Ballantyne Road and State Highway 44 occurs before Design Review approval the west entrance
to the size should be aligned with that intersection.
13. Prior to the City issuing a Zoning Certificate for approval of the site redevelopment plan (final
building, site, civil, and landscape plans) all existing buildings shall be removed form the site.
14. The applicant shall obtain a demolition permit for the removal of any structures from the site.
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15. The development area (lot coverage) shall not exceed 50% of the site. shall remain stibstantially as
sho',VR OR the sabmitted site plaR !.cpnl 28, 2005.
16. All site lighting is to be shielded to direct all light downward and not project horizontally onto any
public right of way, private street, or onto the property line of any residentially zoned parcel of
land or parcel of land used for residential purposes. All lights shall be approved as to location
design and intensity by the Design Review Board.
17. Construct a minimum six-foot (6 ') wide meandering asphalt pathway along the frontage of the site
adjacent to State Highway 44 prior to the issuance of any occupancy permits for the site. Plans for
the pathway shall be submitted to the Parks & Pathway Development Committee for a
recommendation to the Council.
18. No signs are proposed with this application. A separate design review application is required for
the approval of any signs.
19. Plans shall be submitted to the Design Review Board for review and approval prior to the issuance
of any building permits.
20. All The setbacks shall be as follows: oomply v/ith the following table:
Front Setback: 75-feet
Rear Setback: O-feet
Side Setback: W 50-feet
Front Setbask B-feet
Rear Setbaek ~
Side Set13aek ;w... 5 O--feet
21. Buildings and structtires shall not e)(eeea 25 2Q~{, eoyera;;e of tae site.
22. Tae site saall somain a minimllm of 8.5%. of the gross site area to be titilized for sereeRing.
ST ANDARD 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. Idaho Department of Environmental Quality approval of the sewer and water facilities is required
prior to issuance of any building permits.
3. All pennits 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
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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 pnor to issuance of any building permits or
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
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 petmits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
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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. "
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 ofa 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.
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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).
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 wlth this application.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on November 24, 2004.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 16, 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 May 11,2005. Requests for agencies' reviews were
transmitted on May 9, 2005, 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 June 27, 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 22, 2005.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-04-05) 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;
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A. Public Service Facilities as defined in ECC Section 8-1-2 are allowed by
Conditional Use in the PS (Public/Semipublic) Zone.
B. The expansion of the waste water treatment facility complies with and fulfills
numerous objectives of the City of Eagle's 2000 and Soaring 2025 Sub-Area
Western Area Plan as noted in Section A of the Staff Analysis regarding
Comprehensive Plan Provisions. The proposed expansion of the wastewater
treatment facility at the current site meets the general objectives of the
Comprehensive Plan by providing a safe and equitable option to protect the
health and general welfare of the citizens of Eagle and others who may be
downriver from the current site.
In order to address the projected growth and meet the objectives of the
Amended 2000 Comprehensive Plan and Soaring 2025 "Western Area Plan"
adequate facilities to meet the demands of the City of Eagle must be planned
and built.
The current adopted Comprehensive Plans places responsibility on the City of
Eagle and the citizens to cooperate with the Sewer District so the District can
provide services in a timely matter to sustain orderly and appropriate growth.
The expansion being proposed will accomplish this without having to locate a
new facility elsewhere therefore eliminating overlapping service areas.
C. Eagle Sewer District is proposing to construct berming and landscaping at this
time, which is 2-5 years before the treatment facility is constructed to allow
for the landscaping to effectively screen the site. The new site is bordered by
the existing sewer site, State Highway 44, wetland mitigation area and
agriculture; it appears that the expanded facility would not change the
essential appearance and character of the general vicinity, particularly due to
the use of effective berming and landscaping.
D. The proposed use should not be hazardous or disturbing to existing or future
neighboring uses since the Eagle Sewer District will be incorporating state of
the art odor and noise control elements to mitigate the past objectionable
aspects of the proposed land use.
E. This proposed site is currently servcd by essential public facilities and
services at this time and should not create any noticeable additional burden on
the existing facilities or services.
F. The proposed facility is a public facility which operates as an independent
taxing district; there will be costs associated with it at the time of
construction. If an additional waste water treatment facility is not constructed
the Sewer District will not be able to meet the needs of the anticipated growth
of the City therefore becoming detrimental to the City's economic welfare.
G. It is in the best interests of the Sewer District and the citizens of Eagle to
ensure that the operation of the wastewater treatment plant does not generate
excessive noise, glare, traffic, or odors. Eagle Sewer District will be required
to meet very restrictive requirements by State and Federal agencies for the
construction of this facility. The design review process along with the
proposed landscaping and berming should address noise and glare issues. The
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design review process will also insure that future buildings are screened and
designed to fit with the design theme of the City.
H. The existing sewer facility is currently being served by an ingress/egress
access from State Highway 44. The Idaho Transportation Department (ITD)
must review and approve the location and of any access to the proposed site.
The required design and improvements will be regulated by ITD so that they
may preserve the function of the public road while allowing access to the site.
1. The proposed use should not result in the destruction, loss, or damage of a
natural, scenic or historic feature of major importance. At this time no such
resources have been identified on site. This site was farmed for many years
and is currently in pasture at this time. There are existing wetlands present on
the site and are currently being delineated. The proposed land use will have
no impact on natural, scenic, or historic features of major importance.
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 26th day of July 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
da County, Idaho
ATTEST:
J~~~~
Sharon K. Bergmann, Eagle City erk
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