Findings - CC - 2005 - V-01-05 - Construct Expansion Within 50' Floodway Setback Of Dry Creek/1001 State St.
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR )
A VARIANCE FROM THE FIFTY FOOT )
FLOODW A Y SETBACK FROM DRY CREEK )
FOR THE EAGLE CHURCH OF THE NAZARENE)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER V-OI-OS
The above-entitled variance application came before the Eagle City Council for their action on September
20, 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:
Eagle Church of the Nazarene, represented by Jim Main with Design West Architects, is
requesting variance approval to construct a building expansion within the fifty foot (50')
f100dway setback from Dry Creek. The 21.38-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 application for this item was received by the City of Eagle 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.
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 29, 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 August 24,
2005.
D. HISTORY OF PREVIOUS ACTIONS: None
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
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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: CU-IO-05 (conditional use permit for a building expansion)
DR-62-05 (design review application for the building and
parking lot expansion)
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TlON
Existing Residential Four (up to four R-4 (Residential) Church
units per acre)
Proposed No Change No Change No Change
North of site Residential Four (up to four R-4 (Residential) ResidentiaV Agricultural
units per acre)
South of site Residential Four (up to four R-4 (Residential) State Highway 44
units per acre)
East of site Residential Four (up to four R-4 (Residential) Residential
units per acre)
West of site Residential Four (up to four R-4 (Residential) Residential
units per acre)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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H. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 21.3S-acres (93I,3I2-square feet) O.lS-acres (S,OOO-square feet)
(minimum)
Percentage of Site Devoted to 4% (approximately) 40% (maximum)
Building Coverage
Front Setback 220-feet (north) 20-feet (minimum)
Rear Setback nO-feet (south) 25-feet (minimum)
Side Setback 21O-feet (west) * 7.5-feet (minimum)
Side Setback 2I5-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
of the property.
1. EAGLE CITY CODE FOR WHICH THE VARIANCE IS BEING REQUESTED:
. Eagle City Code Section 1O-I-S-5(D)(4)
All buildings shall be set back a minimum of fifty feet (50') from the floodway line except
that when the area of special flood hazard boundary is fifty feet (50') or less from the
floodway line, the boundary line shall be the setback line.
J. EAGLE CITY CODE SECTION 10-1-10 (A) Application for Variance:
A variance from the terms of this chapter shall not be considered until a written
application for a variance containing the data required by subsection S-7-4-2B of this code
and a narrative statement, demonstrating the requested variance has mitigated items
contained in subsection B of this section, is filed with the zoning administrator for
submission to the city planning and zoning commission and the city council.
K. IDAHO CODE TITLE 67-6516, "VARIANCE - DEFINITION - APPLICATION - NOTICE -
HEARING"
Each governing board shall provide as part of the zoning ordinance for the processing or
applications for variance permits. A variance is a modification of the requirements of the
ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings, or other ordinance provision affecting the
size or shape of a structure or the placement of the structure upon lots, or the size of lots.
A variance shall not be considered a right or a special privilege, but may be granted to an
applicant only upon a showing of undue hardship because of characteristics of the site and
that the variance is not in conflict with the public interest. Prior to granting a variance,
notice and an opportunity to be heard shall be provided to property owners adjoining the
parcel under consideration.
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L. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE VARIANCE:
See applicant's justification letter date stamped by the City on June 22, 2005 (attached
hereto and incorporated herein by reference).
M. 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
N. LETTERS FROM THE PUBLIC: None received to date.
O. REQUIRED FINDINGS FOR APPROVAL OF A VARIANCE:
. Eagle City Code Section 10-1-10 (B) (2):
In making a decision, the City Planning and Zoning Commission and the City Council
shall consider all technical evaluations and all relevant factors and standards specified in
other sections of this chapter and:
a. The danger that materials may be swept onto other land to the injury of others;
b. The danger to life and property due to flooding or erosion damage;
c. The susceptibility of the proposed facility and its content to flood damage and the effect
of such damage on the individual owner;
d. The importance of the services provided by the proposed facility to the community;
e. The necessity to the facility of a waterfront location, where applicable;
f. The availability of alternative locations for the proposed uses which are not subject to
flooding and erosion damage;
g. The compatibility of the proposed use with existing and anticipated development;
h. The relationship of the proposed use to the comprehensive plan and the flood plain
management program for that area;
i. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
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j. The expected heights, velocity, duration, rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable, expected at the site; and
k. The costs of providing governmental services during and after flood conditions,
including maintenance and repair of public utilities and facilities such as sewer, gas,
electrical and water systems, and streets and bridges.
. Eagle City Code Section 10-1-10 (C) (5): Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variances would result in exceptional hardship
to the applicant; and
c. A determination that the granting of a variance will not result in increased flood heights,
additional threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public as identified in items contained in section 10-1-7 of
this chapter, or conflict with existing local laws or ordinances.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Chapter 6 - Land Use
6.7 Implementation Strategies
n. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
. 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: (I) 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.
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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
· Chapter 11 - 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 a
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
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.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
C. DISCUSSION:
· The applicant is proposing to construct a 9,934-square foot building addition on the west
building elevation of the existing 36,330-square foot church facility. The proposed building
addition extends approximately sixteen feet (16') into the fifty foot (50') floodway setback
required by Eagle City Code. The proposed encroachment into the floodway setback is 546-
square feet. The applicant is requesting a variance to reduce the required building setback
distance from the F100dway delineation line as published in the Flood Insurance Rate Maps
provided by the Federal Emergency Management Agency. Per the Floodplain Administrator's
Report dated July 26, 2005, (see attached), the Eagle Church of the Nazarene acquired the
subject property with several structures located in the regulatory floodway. The church has
removed several of the existing structures and plans to remove two additional buildings. The
total footprint of these structures which have been removed (and are proposed to be removed)
totals 7,392-square feet. The Floodplain Administrator has concluded that the mitigation
measures that have taken place (combined with the measures that are proposed by the
applicant) substantiate a variance to encroach into the flood way setback requirement while
adhering to all conditions of Eagle City Code Title 10 with regard to the building elevation
above Base Flood Elevation and that the remaining structures are removed as proposed. The
City of Eagle participates in the National Flood Insurance Program and must follow The Code
of Federal Regulations regarding variances. The applicant will be required to meet the test of
number 7 in 60.6 (which states variances may be issued by a community for new construction
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and substantial improvements and for other development necessary for the conduct of a
functionally dependent use provided that (i) the criteria of paragraphs (a)(I) through (a) (4) of
this section are met, and (ii) the structure or other development is protected by methods that
minimize flood damages during the base flood and create no additional threats to public
safety).
. Staff has reviewed the particular facts and circumstances of this proposed variance and, in terms
of Eagle City Code Section 10-1-10 (C) (5): (required findings for approval of a variance), has
made the following conclusions:
a. A showing of good and sufficient cause exists since a variance would encourage the
removal of several structures located in the regulatory flood way, and allow the Dry Creek
to return to an unobstructed river floodway, which would better protect the general public
and substantially reduce losses of life and property during a flooding event;
b. The failure to grant the variances would result in exceptional hardship to the applicant
and surrounding properties because existing structures currently located within the
Floodway and Floodplain are not required to be removed and should a fifty year storm
occur there is the potential of debris to become lodged around the existing structures and
as a result cause rerouting of the Dry Creek channel. By removing the existing structures
that are located within the F100dway and Floodplain the applicant mitigates the potential
of surrounding properties being effected by a fifty year storm; and
c. The granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances since the
opposite of these situations may occur should the applicant leave the existing structures
within the Floodway and Floodplain.
d. This variance shall not be considered as establishing a binding precedent to grant other
vanances.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
If the City Council approves the variance, then based upon the information provided to staff to
date, staff recommends the site specific conditions of approval as outlined 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 the applicant's request was presented before 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).
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COMMISSION DECISION:
The Commission voted 4 to 0 (Aspitarte absent) to recommended approval of V -1-05 for a
variance from the fifty foot flood way setback from Dry Creek for the Eagle Church of the
Nazarene, with the following staff recommended site specific conditions shown within their
Findings of Fact and Conclusions of Law document, dated August 15,2005.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 20, 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 no one (not including the
applicant/representative) .
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber absent) to approve V -1-05 for a variance from the fifty foot
floodway setback from Dry Creek for the Eagle Church of the Nazarene, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. The applicant shall be required to submit a Flood Plain Development Permit prior to the City issuing a
zoning certificate for this site.
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.
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 July 13, 2005. Requests for agencies' reviews were
transmitted on June 29, 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 August 29,
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 August 24, 2005.
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3. The Council reviewed the particular facts and circumstances of the proposed variance (V-I-05) in
terms of Eagle City Code Section 10-1-10 (C) (5): (required findings for approval of a variance) and
has concluded that:
a. A showing of good and sufficient cause exists since a variance would encourage the
removal of several structures located in the regulatory flood way, and allow the Dry Creek
to return to an unobstructed river flood way, which would better protect the general public
and substantially reduce losses of life and property during a flooding event;
b. The failure to grant the variances would result in exceptional hardship to the applicant
and surrounding properties because existing structures currently located within the
Floodway and Floodplain are not required to be removed and should a fifty year storm
occur there is the potential of debris to become lodged around the existing structures and
as a result cause rerouting of the Dry Creek channel. By removing the existing structures
that are located within the F100dway and Floodplain the applicant mitigates the potential
of surrounding properties being effected by a fifty year storm; and
c. The granting of a variance will not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or ordinances since the
opposite of these situations may occur should the applicant leave the existing structures
within the F100dway and Floodplain.
d. This variance shall not be considered as establishing a binding precedent to grant other
variances.
DATED this 11 th day of October 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
ta County, Idaho
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