Findings - CC - 2006 - CU-03-06 - Height Exception Of 46' For A Medical Facility/14.49 Acre/3101 E. State St
BEFORE THE EAGLE CITY COUNCIL
OR\G\NAL
IN THE MATTER OF AN APPLICATION FOR )
A CONDITIONAL USE PERMIT FOR A 46' )
HIGH BUILDING HEIGHT EXCEPTION FOR )
ST.LUKES REGIONAL MEDICAL CENTER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-06
The above-entitled conditional use permit application came before the Eagle City Council for their action
on August 8, 2006 at which time public testimony was taken and the public hearing was closed. 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:
St. Luke's Regional Medical Center, represented by ZGA Architects/The Land Group,
Inc., is requesting conditional use permit approval for a building height exception of 46
feet for a medical facility. The 14.49-acre site is located at the southwest comer of State
Highway 44 and Horseshoe Bend Road at 310 I E. State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 7:00-8:00 PM, Tuesday, April 25, 2006 at the
Hilton Garden Inn, Eagle River Meeting Room A, in compliance with the application
submittal requirement of Eagle City Code. The applicants also held a second
neighborhood meeting Tuesday evening May 16, 2006, on site. The application for this
item was received by the City of Eagle on April 28, 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on June 19, 2006. 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 14, 2006. The site was posted in accordance with the Eagle City Code on
June 27, 2006 Requests for agencies' reviews were transmitted on May 8, 2006 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 July 17, 2006. 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 12,2006.
The site was posted in accordance with the Eagle City Code on July 25,2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/ A
Page 1 of 12
K:\Planning Dept\Eag1e Applications\CU\2006\CU-03-06 ccfdoc
E. COMPANION APPLICATIONS:
DR-55-06/DR-56-06 Building and signage Design Review applications.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) Vacant parcel
Proposed No Change No Change Medical Center
North of site Commercial C-3 (Highway Business Commercial subdivision
District) (Yes Subdivision)
South of site Mixed Use R-4 (Residential) Residential subdivision
(Lakeland Estates)
East of site Garden City M-U (Mixed Use-Garden Vacant parcel
City Designation)
West of site Mixed Use MU (Mixed Use) Vacant parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The property is an undeveloped site adjacent on the southwest comer of State Highway 44
and Horseshoe Bend Road. There is also an existing canal on the southern boundary of the
property.
1. SITE DESIGN INFORMATION:
The site will contain urgent care, medical imaging facilities, out-patient surgery suites and
medical office space.
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (1) medical facility building
Height and Number of Stories of Proposed Buildings:
Forty-six foot (46') high, two-story building
Gross Floor Area of Proposed Buildings:
61,700 square feet (130,800 square feet at full build-out)
On and Off-Site Circulation:
The site is located on the southwest comer of State Highway 44 and Horseshoe Bend
Road. The applicant is proposing an entrance from both of the adjacent roadways as well
as sidewalks for pedestrian circulation. Further review of the access points will occur
during the Design Review process.
Page 2 of 12
K:\Planning Dept\Eagle Applications\CU\2006\CU-03-06 ccfdoc
K. PUBLIC SERVICES AVAILABLE:
The site is within the service boundaries of Eagle Water Company, Eagle Sewer District,
and Eagle Fire District. Prior to issuance of a building permit approval letters from the
service providers will be required.
L. PUBLIC USES PROPOSED: The medical center is a public quasi-hospital.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes-southeast comer of site in zone AE
Mature Trees - No
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek: yes-irrigation ditch on the southern boundary
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - No
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 to the staff
report. Comments, which appear to be of special concern, are noted below:
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
Idaho Transportation Department
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;
Page 3 of 12
K:\Planning Dept\Eag1e Applications\CU\2006\CU-03-06 ccfdoc
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 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: (None)
. The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates
this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
Page 4 of 12
K:\Planning Dept\Eagle Applications\CU\2006\CU-03-06 ccfdoc
Chapter 12 - Community Design
12.1 Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
12.3 Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and
oftentimes the most lasting impressions of the entire community. The City of
Eagle has the responsibility to guide development and redevelopment that occurs
along these entryway corridors.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: (None)
. ECC Section 8-2-4 Maximum Height:
Maximum height allowed within the Mixed Use zoning district is thirty-five feet (35') in
height.
. ECC Section 8-2A-6(B)
6. Architectural appurtenance height restrictions:
a. All spires, poles, antennas, steeples, towers, and any other such structures shall
be limited to a maximum of forty feet (40') within the DDA and TDA and thirty
five feet (35') in all other locations. Additional height may be permitted if a
conditional use permit is approved by the city council.
C. DISCUSSION:
. The applicant is requesting a conditional use permit to allow for a height exception to
accommodate the architectural style proposed for the medical facility. The applicant is
proposing"Prairie Style" architecture, two stories in height. The applicant stated within their
narrative that the International Building Code designates medical facilities as "essential
facilities" which requires additional floor-to-floor and floor-to-roofheight to accommodate the
increase in size of structural members which provides support for the extensive mechanical
and electrical service systems. The applicant also indicated within their narrative that to
provide functional healthcare requirements and the caliber of design required by the City, and
achieve additional design factors-of-safety they could not meet the thirty-five foot (35 ') height
limitation required by Eagle City Code.
Page 5 of 12
K:\Planning Dept\Eagle ApplicationsICUI2006ICU-03-06 ccfdoc
. The applicant is proposing a mansard style of roof with gentle slopes, which will minimize the
overall height of the building. The entry feature of the building is proposed to be forty-six feet
(46') in height to accentuate the entry to the facility which is similar to a belfry of a church.
The entry feature will help direct visitors to the main entry.
. The proposed medical facility also lies within the entryway corridor into the City of Eagle on
the south side of State Highway 44. The medical facility will also have to meet Design Review
approval utilizing the architectural standards within the Eagle Architecture and Site Design
book (EASD) and Eagle City Code, Section 8-2A. The applicant has stated within their
justification letter that the proposed medical facility located within the scenic corridor with
"Prairie Style" architecture will provide a great first impression as people travel into the City
of Eagle.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval 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 July 05,
2006, 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 one (I) individual who indicated that St. Alphonsus Hospital built within the thirty-five foot (35')
height limitation, therefore why should a height exception be approved for St. Lukes'! The individual
indicated he also works in the medical field and the applicant should be able to build a facility which
incorporates all of the mechanical units and electrical requirements within the 35' height limitation of
the City.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
individuals (not including the applicant/representative) who live to the south of the proposed medica]
facility within Lakeland Subdivision. These individuals indicated that St. Lukes has worked closely
with the residents of Lakeland Subdivision to mitigate the concerns of the residents. Both individuals
are opposed to an ambulance dispatch center being located on site and are also opposed to the
construction of a collector road through the site.
COMMISSION DECISION:
The Commission voted 2 to I (Jacobs against, Aspitarte and Lien absent) to recommend approval
for a conditional use permit for a 46' feet building height exception for St. Lukes Regional
Medical Center with the staff recommended site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document,
dated July 17, 2006.
Commissioner Jacobs indicated he was not in favor of the motion because he felt that reducing the
height of the entrance by five feet (5') would diminish from the overall design of the building.
Page 6 of 12
K:\Planning Dept\Eagle Applications\CU\2006\CU-03-06 ccf.doc
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 8, 2006, 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 two (2) individuals (not
including the applicant/representative) who felt that St. Lukes did a good job communicating with the
neighbors. The individuals also felt the architecture of the building was very pleasing.
D. Oral testimony neither in favor or against the application was presented by three (3) individuals who
did not have opposition to the height of the building, however the individuals expressed concerns with
the possibility of a collector road being required across the site, the possibility of an ambulance bay
being located on site, and the future expansion of the hospital possibly decreasing the property values.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve CU-03-06 for a conditional use permit for
a building height exception (height of entrance to be 46' for the entrance and 42' for the remaining
roofline as noted on the elevation plan date stamped by the City on April 28, 2006, and
incorporated herein by reference) for St. Lukes Regional Medical Center, with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with strikethrough text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use St. Luke's Regional Medical Center is approved for a height exception with the
conditions noted herein.
2. Comply with the conditions ofDR-55-06.
3. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design
(EASD) book. Architectural styles not shown within the EASD book will not be considered.
4. A building permit for this proposal shall be obtained within one year, otherwise the conditional use
approval for a height exception shall be considered null and void.
5. The aflplieant shall pro'/ide re'/ised building elevations showing the height of the entranee redueed
from forty si){ feet (16') in height to be eloser te the forty tWB feet (12') in height of the remainaer of
the building. The revised elevatiElfis shall be reviewed and approved by the Design Review Board prior
to the City issuing a zoning eertifieate f-or the building.
STANDARD CONDITIONS OF APPROVAL:
L 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 or Certificate of
Occupancy, whichever occurs first.
2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
issuance of any building permits or Certificate of Occupancy, whichever occurs first.
Page 7 of 12
K:\P1anning Dept\Eagle Applications\CU\2006\CU-03-06 ccfdoc
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be
secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of
Occupancy, whichever occurs first.
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
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever
occurs first. 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
(I) 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 or
Certificate of Occupancy, whichever occurs first.
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.
Page 8 of 12
K:\Planning Dept\Eagle Applications\CU\2006\CU-03-06 ccf.doc
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 or Certificate of Occupancy,
whichever occurs first.
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.
II. 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 of a building permit or Certificate of Occupancy, whichever
occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate of Occupancy, whichever occurs first.
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 or Certificate
of Occupancy, whichever occurs first.
Page 9 of 12
K:\P1anning Dept\Eagle Applications\CU\2006\CU-03-06 ccf.doc
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 or Certificate of Occupancy, whichever occurs first.
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 or
Certificate of Occupancy, whichever occurs first.
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.
22. 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
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
24. 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 Planning and
Zoning Commission approval date).
25. 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:
I. A Neighborhood Meeting was held from 7:00-8:00 PM, Tuesday, April 25, 2006 at the Hilton Garden
Inn, Eagle River Meeting Room A, in compliance with the application submittal requirement of Eagle
City Code. The applicants also held a second neighborhood meeting Tuesday evening May 16,2006,
on site. The application for this item was received by the City of Eagle on April 28, 2006.
Page 10 of 12
K:\Planning Dept\Eagle Applications\CU\2006\CU-03-06 ccfdoc
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 19, 2006. 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 14, 2006. Requests for agencies' reviews were
transmitted on May 8, 2006, in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on June 27, 2006.
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 July 17, 2006.
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 12, 2006. The site was posted in accordance with the Eagle City Code on July 25,
2006.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-03-06) 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 8-2A-6(B) of
Eagle City Code Title 8 since Eagle City Code states in part that additional
building height above 35-feet may be permitted if a conditional use permit is
approved by the City Council;
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 meet the City's design review requirements and design
requirements of the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the area is planned for a mix of 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 as noted is
responses received by agencies providing the public 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 since the facility will not be constructed at a cost to the public and the
construction of new hospital adds to the economic vitality of a community;
Page 11 of 12
K:\Planning DeptlEagle ApplicationsICU\2006ICU-03-06 ccfdoc
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since the
proposed accesses to the facility will be reviewed and approved by Ada County
Highway District and Idaho Transportation Department; and
L Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance since a landscape plan showing how the trees will be
integrated into the open space areas and the non-buildable area on the parcel will
be provided for Design Review Board approval prior to a zoning certificate being
issued for the building.
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.
DA TED this 22nd day of August 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
""," 1...."",
~~~ ~ 0 F '" '"
~~ ~ '\ "'....
~ ~\. ........ ~10: '.
~v.. ..('
~ .. 9..PO/t e..:...A '::.
= .- Ct 0 -1,.. . ~". ~
=*: ~\:
: : ..... : :
i · ~ SE :.. :
\ (})~\.."'("\o A L ft~"".: i
~ ~;,p ,.......
f'.,...., ......:fItA'f~.~..~~O $
iI': .,.~ ....v ~~
".,.;: 0 F It> po.~~~~~
"".......','
Page 12 of 12
K:\Planning Dept\Eagle Applications\CU\2006\CU-03-06 ccfdoc