Findings - PZ - 2016 - CU-10-07 - Construction Of 2232 Sq Ft Lift Station Located In R2-Da-P Zone/830 N Palmer
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
A SEWER LIFT STATION FACILITY FOR )
THE EAGLE SEWER DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-IO-07
The above-entitled conditional use permit application came before the Eagle Planning and Zoning
Commission for their recommendation on October 1, 2007, at which time public testimony was taken and
the public hearing was closed. The Eagle Planning and Zoning Commission having heard and taken oral
and written testimony, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
STAFF FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle Sewer District, represented by Lynn Moser, is requesting a conditional use permit
for the construction of a 2,232-square foot sewer lift station facility to be located within an
area currently zoned R-2-DA-P (Residential-up to two units per acre with a development
agreement-planned unit development). The 32,400-square foot site is located on the east
side of North Palmer Lane approximately 2,700 feet north of State Highway 44, at 830
North Palmer Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 22, 2007. A
Neighborhood Meeting was held at the Eagle Sewer District's office at 6:00 PM, August
21, 2007, in compliance with the application submittal requirement of Eagle City Code.
C. NOTICE OF PUBLIC HEARING:
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 Code on September 10,2007. 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 September 5, 2007. The site was posted in accordance with the Eagle City Code
on, September 19, 2007. Requests for agencies' reviews were transmitted on August 24,
2007, in accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved the PUD and Preliminary Plat for Legacy
Planned Unit Development (A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-I-06).
E. COMPANION APPLICATIONS:
Design review application for a lift station for the Eagle Sewer District (DR-65-07).
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-P-DA-P (Residential, Agriculture
two units per acre -with (Proposed Legacy Planned
development agreement - Unit Development)
Planned Unit Development)
Proposed No Change No Change Sewer Lift Station
North ofsite Residential Two R-2-P-DA-P (Residential, Agriculture
two units per acre -with (Proposed Legacy Planned
development agreement - Unit Development)
Planned Unit Development)
South ofsite Residential Two RUT (Rural Urban Agriculture
Transitional-Ada County
designation)
East of site Residential Two R-2-P-DA-P (Residential, Agriculture
two units per acre -with (Proposed Legacy Planned
development agreement - Unit Development)
Planned Unit Development)
West ofsite Residential Two RUT (Rural Urban Single-family residence
Transitional-Ada County
designation)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The site is currently being utilized for agricultural production.
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I. SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 32,400 square feet 17,000 square feet
Percentage of Site Devoted to Building 6.8% (approximately) 40% (maximum)
Coverage (includes courtyard)
Percentage of Site Devoted to 43% (approximately) 10% (minimum)
Landscaping
Front Setback 88-feet (west) 30-feet (minimum)
(approximately)
Rear Setback 2S-feet (east) 30-feet (minimum)
(approximately)
Side Setback 70-feet (north) I O-feet (minimum)
(approximately)
Side Setback 68-feet (south) 1 O-feet (minimum)
(approximately)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
One (I) 2,232 square feet building (including a 577 square feet courtyard) is proposed to
be used for a regional sewer lift station.
Height and Number of Stories of Proposed Buildings:
Twenty-four feet (24'), one (I) story with two (2) sublevels
On and Off-Site Circulation:
The site plan date stamped by the City on August 22, 2007, shows one twenty foot (20')
wide driveway providing access from N. Palmer Lane is proposed approximately
seventeen feet (17') north of the south property line. The driveway will provide access to a
paved area surrounding the proposed sewer lift station.
K. PUBLIC SERVICES A V AILABLE:
The proposed use is to provide a regional sewer lift station so that sewer service may be
provided to future development in the area. The Legacy Development is currently
constructing a municipal well and well house to provide potable water for the area.
L. PUBLIC USES PROPOSED:
The proposed use is a public use for providing a regional sewer lift station.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - adjacent to drainage ditch located on the western property line
Steep Slopes - no
Stream/Creek: - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
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
Eagle Fire 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;
B. Will be harmonious with and in accordance with the general objectives or with any
specific objective ofthe 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.
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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
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map (adopted February 13,2007) designates this site
as Residential two:
Suitable primarily for single family residential development within areas that are rural in
character. Maximum density of up to 2 units per 1 acre.
· Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare ofthe 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
growing population comes 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 plays
an important role in the location and intensity offuture housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the community. Service providers currently include:
b. The Eagle Sewer District provides sewer service within a designated sewer
service area.
4.7 Sewer
4.7.1 Sewer Existing and Future Conditions (reads in part)
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.
4.7.2 Sewer Goals
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a. Ensure that Eagle Sewer District extends its wastewater collection system and
expands and upgrades its wastewater treatment and disposal facilities to keep
pace with new developments in the Area of City Impact.
b. Ensure that the ESD expands its sewerage and disposal facilities at a rate that
will stay ahead of and thus not impede orderly development as envisioned in
other sections of this Comprehensive Plan.
· Chapter 12 Community Design
12.4 Implementation Strategies
J. Buffer and transition zones should be developed between conflicting types of
land use.
k. 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.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code 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,
communication, public water and sewage services.
· Eagle City Code Section 8-2A-7; LANDSCAPE AND BUFFER AREA
REQUIREMENTS:
J. Buffer Areas/Common Lots:
2. Minimum Requirements:
a. When a commercial or industrial use abuts a residential use, a ten foot (10')
wide by six foot (6') high landscaped buffer is required.
· Eagle City Code Section 8-2-3 SCHEDULE OF DISTRICT REGULA nONS
Requires Public Service Facilities to obtain a Conditional Use Permit for locating
facilities within a Residential Zone.
· Eagle City Code Section 8-3-3 SUPPLEMENTAL YARD AND HEIGHT
REGULATIONS
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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.
· Eagle City Code Section 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.
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.
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C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL: (None).
D. DISCUSSION:
· The applicant is proposing to construct a 2,232-square foot lift station facility for the Eagle
Sewer District within an R-2-DA-P (Residential-up to two units per acre with a development
agreement-planned unit development) zone. The 2007 City of Eagle Comprehensive Plan
designates this site as Residential Two, suitable primarily for single family residential
development within areas that are rural in character (maximum density of up to 2 units per I
acre). Eagle City Code requires a conditional use permit for public service facilities proposed
within residential zones.
· The proposed building will incorporate the architectural features of the "Prairie School"
design including low pitched, hipped roof with overhanging eaves. The external features of
the building are proposed to be made up of stone, with some stucco and painted metal. The
building is intended to match the Academy Core buildings within the Legacy development.
· According to the site plan provided to the City on August 22,2007, the rear setback for the
proposed building is twenty five feet (25'). Rear setbacks for the R-2 zoning designation are a
minimum of thirty feet (30'). The applicant should provide a revise site plan showing the
proposed building to have a minimum rear setback of thirty feet (30'). The revised site plan
should be reviewed and approved by staff prior to the issuance of a zoning certificate.
· The proposed site for the Eagle Sewer District lift station exists within a permanent easement
on property owned by Idaho Development Services, LLC. The property adjacent to the
proposed lift station is currently agricultural but has been proposed for future residential use
(Legacy Planned Unit Development (A-9-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-I-06)).
The applicant is proposing to buffer the future residential uses with landscaping and fencing.
· According to the narrative provided by the applicant and date stamped by the City on August
22, 2007, the facility will incorporate "state-of-the-art" odor and noise control mitigation
techniques, and all hazardous activities and materials will be fully contained within the lift
station structure. Any and all external mechanical features will be adequately screened from
the public by landscaping. The applicant has also proposed to install a wrought iron fence
around the facility to help prevent unauthorized entry onto the site.
· A 15,810-square foot (approximately) open paved area is proposed adjacent to the lift station
facility on the north, south and west sides ofthe building. The paved area will provide
adequate parking and access for vehicles and equipment and will be buffered from
surrounding residential uses by fencing and landscaping.
· A Design Review application date stamped by the City on September 6, 2007, has been
submitted for this facility that addresses building architecture and design as well as
landscaping.
· Staffhas reviewed the particular facts and circumstances of this proposed conditional use and, in
terms of Eagle City Code Section 8-7-3-2 "A thru I" (required findings for approval of a
conditional use), has made the following conclusions:
The proposed conditional use;
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A. Will, in fact, constitute a conditional use as established in Section 8-2-3 ofthis
title (Eagle City Code Title 8) for the R2 zoning district since public service
facilities is shown as needing approval of a conditional use permit in the R2
zoning district on the "Official Schedule of District Regulations" chart of that
section;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since the facility will be adequately buffered from adjacent
residential uses and since noise and odor mitigation techniques will be
implemented;
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 building will be designed to match the Academy Core buildings within
the Legacy development and since all parking areas will be screened from view
with the use oflandscaping;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
noise and odor abatement techniques will be used and all hazardous activities will
be fully contained within the lift station structure;
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 since the sewer lift station will provide additional services and
infrastructure to the region;
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
since noise and odor abatement techniques will be used and the facility will be
adequately buffered from adjacent uses and since all hazardous activities will be
fully contained within the lift station structure;
H. Will have vehicular approaches to the property which are designed as not to create
an 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 since none are apparent on the site.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval of the conditional
use permit with the site specific conditions of approval and the standard conditions of approval
provided within the staff report.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
1,2007, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor ofthis proposal was presented to the Planning and Zoning Commission no one
(not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-l 0-07 for a conditional use permit
for a sewer lift station facility for the Eagle Sewer District, with the following staff recommended
site specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Only the sewer lift station facility use is approved with the conditions noted herein.
2. Comply with all conditions stated within the letter from Drainage District No.2, date stamped by
the City on August 22, 2007.
3. Provide a revised site plan showing the rear setback of the building to be a minimum of thirty feet
(30') which is in compliance with the R-2 zoning designation. The revised site plan shall be
reviewed and approved by staff prior to the issuance of a zoning certificate
4. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per
Eagle City Code.
5. Any proposed building lighting shall be shielded so that the lamp and lens are not directly visible
from the adjacent residential properties.
6. The applicant shall employ noise and odor abatement techniques designed to mitigate such impacts
on adjacent residential uses.
7. No signs are proposed with this application and none are approved. A design review application is
required for the approval of any signs.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks. A letter of approval from the highway district having
jurisdiction shall be submitted to the City prior to issuance of any building permits.
2. Department of Environmental Quality approval of the sewer and water facilities is required prior
issuance of any building permits.
3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be
secured prior to issuance of building permit.
4. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources shall be submitted to the City prior to issuance of any
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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
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 Jot 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
(l) 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.
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.
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12. One set of building plans, for any non single-family residential use, shaH be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shaH be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shaH 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 shaH 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
dweHings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gaHons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shaH inspected in accordance with aH agencies
having jurisdiction, and shaH 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 shaH 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 Council or 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) shaH be approved by the Eagle
City Pathway/Greenbelt Committee and shaH 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 shaH 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
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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 with this application.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site at 6:00 PM, August 21, 2007, in compliance with the
application submittal requirement of Eagle City Code. The application for this item was received by
the City of Eagle on August 22,2007.
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
Code on September 10, 2007. 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 September 5, 2007. The site was posted in
accordance with the Eagle City Code on, September 19, 2007. Requests for agencies' reviews were
transmitted on August 24,2007, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed conditional use
permit application (CU-10-07) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
conditional use permit is in accordance with the Eagle City Code because:
The proposed conditional use;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this
title (Eagle City Code Title 8) for the R2 zoning district since public service
facilities is shown as needing approval of a conditional use permit in the R2
zoning district on the "Official Schedule of District Regulations" chart of that
section;
B. Will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or this title (Eagle City
Code Title 8) since the facility will be adequately buffered from adjacent
residential uses and since noise and odor mitigation techniques will be
implemented;
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 building will be designed to match the Academy Core buildings within
the Legacy development and since all parking areas will be screened from view
with the use of landscaping;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
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noise and odor abatement techniques will be used and all hazardous activities will
be fully contained within the lift station structure;
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 since the sewer lift station will provide additional services and
infrastructure to the region;
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
since noise and odor abatement techniques will be used and the facility will be
adequately buffered from adjacent uses and since all hazardous activities will be
fully contained within the lift station structure;
H. Will have vehicular approaches to the property which are designed as not to create
an 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 since none are apparent on the site.
4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
DA TED this 15th day of October 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
J'&Ch'~C?
ATTEST:
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Sharon K. Bergmann, Eagle CIty Cle k
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