Findings - CC - 2006 - CU-04-05 MOD - Modification To Cup/53.2 Acre Site/1-Year Extension To Complete Landscaping
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A MODIFICATION TO THE CONDITIONAL )
USE PERMIT FOR A W ASTEW A TER TREATMENT )
FACILITY FOR EAGLE SEWER DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-04-0S MOD
The above-entitled conditional use permit modification application came before the Eagle City Council for
their action on August 22, 2006. The 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 Lynn Moser, is requesting a modification to the
conditional use permit previously approved for a wastewater treatment facility for the
53.2-acre site located on the south side of the State Highway 44 approximately 200 feet
west of Ballantyne Road at 1993 West State Street. The modification is a request for a one
year extension of time for the completion of a portion of the required landscaping as noted
in site specific condition of approval #7 herein.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 24, 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 12, 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 12, 2006. The site was posted in accordance with the Eagle City Code on
June 21, 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 24,2006. 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 18, 2006.
The site was posted in accordance with the Eagle City Code on July 20, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On July 12, 2005, the Eagle City Council approved the annexation and rezone
applications (A-5-05 & RZ-8-05) and a conditional use permit application (CU-4-05) for a
waste water treatment facility for this site.
E. COMPANION APPLICATIONS: RZ-08-05 MOD (Landscaping extension of time)
Page 1 of 12
K:IPlanning DeptlEagle ApplicationsICU\2005'CU-04.Q5 MOD ccrdoc
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Two PS-DA (Public/Semipublic Agriculture/vacant
with development agreement)
Proposed No Change No Change 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.
Page 2 of 12
K:\Planning DeptlEagle ApplicationsICU\200S'CU-04.QS MOD ccrdoc
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 0- feet O-feet (as conditioned herein)
Side Setback (east) 74-feet O-feet minimum
Side Setback (west) 169- feet O-feet minimum
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 exceed 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 exceed 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 comer 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 has previously indicated the site is serviceable with a l2-inch water main in
Ballantyne on the north side of State Street.
L. PUBLIC USES PROPOSED: The facility is a public use.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
Page 3 of 12
K:IPlanning DeptlEagle ApplicationsICU\200S'CU-04.QS MOD ccfdoc
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - NI A
Evidence of Erosion - N/A
Fish Habitat - Boise River south of the site.
Floodplain - 100-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 - NI A
Stream/Creek - NI A
Unique Animal Life - NI 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 previously responded and their correspondence is attached to
the staff report. 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;
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
Page 4 of 12
K:IPlanning DeptlEagle ApplicationsICU\200S'CU-04.QS MOD ccfdoc
interference with traffic on surrounding public thoroughfares; and
I. 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 MEMORANDUM:
. On July 26, 2005, the City Council approved an annexation and rezone with a development agreement
(A-05-05 & RZ-08-05) the property owned by the Eagle Sewer District located at 1993 West State
Street. At the same meeting, the City Council also approved a conditional use permit (CU-04-05) for
the expansion of the existing water treatment plant at the same location. Site specific condition of
approval #7 of the conditional use permit states: Landscaping and landscaped berms along the
Property's frontage on West State Street (State Highway 44) shall be completed and installed within
one (1) year from the date hereof to assure adequate screening when the buildings and other
components of the wastewater treatment facilities are subsequently constructed on the property.
. Lynn Moser, representing the Eagle Sewer District, is requesting a modification to the site specific
condition of approval #7, to allow for a one year extension. The request is due to the Eagle Sewer
District working with ITD, ACHD, and the adjacent property owner to the west on the placement of
the entrance road located off of State Highway 44.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
Based upon the information provided to staff to date, staff recommends approval of the
modification to the conditional use permit for a landscaping extension of time with the site specific
conditions of approval and the standard conditions of approval provided within the staff report
memorandum.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on July 5,
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 favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one individual who would like to see the sewer district build a similar berm with landscaping on the
north side of State Highway 44, adjacent to his property. The individual also asked to see the final site
plan of the facility including the size, height and style of the buildings.
COMMISSION DECISION:
The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval of CU-04-05
MOD for a modification to the conditional use permit for a wastewater treatment facility for the
Eagle Sewer District to allow for a landscaping extension of time with the site specific conditions
of approval and standard conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated July 17, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 22, 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 favor of this proposal was presented to the City Council by no one (other than
the applicant/representative).
Page 5 of 12
K:\Planning DeptlEagle ApplicationsICU\200S'CU-04.QS MOD ccfdoc
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-04-05 MOD for a modification to the conditional use
permit for a wastewater treatment facility for the Eagle Sewer District to allow for a landscaping
extension of time with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the development agreement for RZ-08-05 MOD.
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.
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 3:1 slope along State Highway 44 in
accordance with ECC 8-2A-7(J)(4)(c) and a fifty foot (50') wide landscaped buffer area adjacent
to the east and west boundaries of the site.
4. The applicant shall submit a master site Design Review application for review and approval by the
Design Review Board prior to the commencement of any grading and/or construction of berms on
the site. Berm construction and associated landscaping shall be completed prior to the issuance of
any 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 at 1993 West State Street on
(State Highway 44) shall be completed and installed within one (1) year from July 26,2006 to
assure adequate screening when the buildings and other components 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 objectionable 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 Permit in compliance with all rules, regulations and ordinances as required by Title 10,
Flood Control, of the Eagle City Code.
Page 6 of 12
K:IPlannillg DeptlEagle ApplicatiollsICU\200S'CU-04.QS MOD ccf.doc
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. Ifa 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.
15. The development area (lot coverage) shall not exceed 50% of the site.
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 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. The setbacks shall be as follows:
Front Setback: 75-feet
Rear Setback: O-feet
Side Setback: 50-feet
STANDARD CONDITIONS OF APPROVAL:
I. 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 permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
building permits.
5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to issuance of any building permits.
6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifYing that all drainage shall be retained on-site prior to issuance of any building permits or
Page 7 of 12
K:\Planllillg DeptlEagle ApplicatiollsICU\200S'CU-04.QS MOD ccfdoc
Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be
submitted with the letter.
7. The applicant shall submit plans and calculations prepared by a registered professional engineer to
handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans
shall be submitted to the City Engineer for review and approval prior to issuance of any building
permits.
The plans shall show how swales, or drain piping, will be developed in the drainage easements.
The approved drainage system shall be constructed, or a performance bond shall be submitted to
the City Clerk, prior to issuance of any building permits. The lot shall be so graded that all runoff
runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto
another lot except within a drainage easement.
All design and calculations shall meet the requirements of Ada County Highway District.
Construction of the storm drain disposal system shall be complete before an occupancy permit is
issued.
8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certifY that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City prior to issuance of any building permits.
9. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. All construction shall comply with the City's specifications and standards.
The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose
of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated
public right-of-way, prior to issuance of any building permits.
The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy.
10. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the
City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
Page 8 of 12
K:IPlallnillg DeptlEagle ApplicationsICU\200S'CU-04.QS MOD c'Cfdoc
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.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
issuance of a building permit.
14. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to issuance of a
building permit.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit.
16. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to issuance of a building
permit.
17. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to issuance of a building permit.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
22. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the City Council
Page 9 of 12
K:\Plallning DeptlEagle ApplicatiollsICU\200S'CU-04-<JS MOD ccfdoc
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 with this application.
CONCLUSIONS OF LAW:
I. The application for this item was received by the City of Eagle on April 24, 2006.
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 12, 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 12, 2006. The site was posted in accordance
with the Eagle City Code on June 21, 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 24,2006.
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 18, 2006. The site was posted in accordance with the Eagle City Code on July 20,
2006.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
modification application (CU-04-05 MOD) 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 modification is in accordance with the Eagle City Code because:
The proposed 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
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
Page 10 of 12
K:IPlanning DeptlEagle ApplicatiollsICU\200S'CU-04.QS MOD ccf-doc
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
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 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. 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.
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.
Page 11 of 12
K:IPlanning DeptlEagle ApplicatiollsICU\200S'CU-04.QS MOD ccf.doc
DATED this 12th day of September 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
..........""
...... C \ T YO"""
--~ ........ ~ ~ ,#.
-..- "V'~
I ... COltpo -......, \
=.. ~ ..0 ~
.. - ..... .
: (n ,~ , '.-\ ! \ .
: 001 ~ZJt~., Ill. l!1:
. ~~. I.
\ ~ ~ -1(, ~ ;
\ (f>O .""0 I"~... .. I
'" ~ '/:' ...... ."
......./0 A ,,0 ........
......,.....
Page 12 of 12
K:IPlanning DeptlEagle ApplicationsICU\200S'CU-04.QS MOD ccf.doc