Findings - CC - 2007 - CU-12-06 - 23500 Sq Ft Building Expansion/Height Exception Of 49'4"/651 N Eagle Rd
ORIGlr~AL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
CONDITIONAL USE PERMIT FOR A BUILDING )
EXPANSION AND HEIGHT EXCEPTION )
FOR EAGLE UNITED METHODIST CHURCH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-12-06
The above-entitled conditional use permit application came before the Eagle City Council for their action
on July 10, 2007. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Eagle United Methodist Church, represented by Bruce Poe with Modus Architects, is
requesting conditional use approval for a 23,500 square foot building expansion and
building height exception of 49' -4" (steeple only) for the Eagle United Methodist Church.
The 4.63-acre site is located on the west side of Eagle Road and Y2-mile north of State
Street at 651 North Eagle Road.
B. APPLICA TION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle United Methodist Church Office at 6:30
PM, November 6, 2006, in compliance with the application submittal requirement of
Eagle City Code. The application for this item was received by the City of Eagle on
November 2 1,2006.
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 January 2, 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 December 22, 2006. The site was posted in accordance with the Eagle City Code
on January 10, 2007. Requests for agencies' reviews were transmitted on October 27,
2006, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on May 21, 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 May 2, 2007.
The site was posted in accordance with the Eagle City Code on June 8, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23, 1990, the Eagle City Council approved a conditional use permit for the
existing church building.
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On February 9, 1993, the Eagle City Council approved a conditional use permit for a
daycare center within the church.
On November 14, 1995, the Eagle City Council approved a conditional use permit for a
temporary portable building for Sunday school rooms.
On October 12, 1999, the Eagle City Council approved a conditional use permit for a
4,600 square-foot building expansion of the existing church (CU-07-99).
E. COMPANION APPLICATIONS:
DR-l 0-07 - Eagle United Methodist Church Design Review Application
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use R-4 (Residential) Eagle United Methodist
Church
Proposed No Change No Change Building addition and
height exception to Eagle
United Methodist Church
North of site Mixed Use MU-DA(Mixed Use with Assisted living facility and
Development Agreement) single family residences
South ofsite Public/Semi-Public R-4 (Residential) Single Family
ResidentiallE lementary
school
East of site Mixed Use R-9 (Residential) Multi-family/Apartments
West of site Residential Four R-4 (Residential) Single Family Residential
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
The Eagle United Methodist Church, parking lot and mature landscaping exist on the
north portion ofthe site.
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I. SITE DESIGN INFORMATION:
Site Data Proposed Required
Total Acreage of Site 4.635 acres 8,000-square feet
Percentage of Site Devoted to 10% (approximately) 40% (maximum)
Building Coverage
Percentage of Site Devoted to 39% (approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 178 80 (minimum)
Front Setback (east) 45-feet 20-feet (minimum)
Rear Setback (west) 220-feet 25-feet (minimum)
Side Setback (south) 104-feet 7.5-feet (minimum)
Side Setback (north) 207-feet 7.5-feet (minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings:
The church expansion will include a sanctuary, a narthex, nursery offices, and a kitchen.
Height and Number of Stories of Proposed Buildings:
The proposed building addition will include a main floor level and basement. The height
of the building will measure twenty-eight feet (28') from the main grade to the top of the
gable. The steeple is proposed to be moved to the new expansion and will measure 49'-
4' from the main grade to the top.
Gross Floor Area of Proposed Buildings:
The expansion will add 23,500-square feet (the existing building is 13,000-square feet
approximately)
On and Off-Site Circulation:
Three entrances to the property currently exist north of the property off of West Ranch
Drive, and an additional entrance is proposed at the southern portion of the property off of
Eagle Road. A proposed expansion to the existing parking lot will provide a total of
65,983-square feet (approx.) of parking with 178 parking spaces.
K. PUBLIC SERVICES A V AILABLE:
This site is currently served by Eagle Water Corporation and Eagle Sewer District.
L. PUBLIC USES PROPOSED: None
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - None
Evidence of Erosion - No
Fish Habitat - No
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Floodplain - No
Mature Trees - Yes
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - 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:
Ada County Highway District
Central District Health Department
Eagle Sewer District
Idaho Power
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
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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:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
· The Comprehensive Plan Land Use Map designates this site as Mixed Use.
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.
12.4 Implementation Strategies
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
o. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of the downtown.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Section 8-2A-2: Purpose and Goals:
A. Purpose: The purpose of the article is to:
1. Recognize the interdependence of land values and aesthetics and to
provide a method by which the City may implement this interdependence
to the benefit ofthe community.
2. Encourage the development of private property in harmony with the
desired character of the City and in conformance with the guidelines
herein provided with due regard to the public and private interests
involved.
3. Provide planning and design guidelines to give specific direction for
downtown development, while allowing for flexibility that promotes
creative, market driven development proposals.
B. Goals: The general theme of the design review overlay district is to specify
desirable building and landscape architecture styles and materials to create a
sustainable and pleasing environment for residents and visitors alike. The
architectural designs, materials, and graphics set forth in this article are
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compiled to create a theme unique to the area called "Eagle Architecture".
(Ord.462,11-11-2003)
· Section 8-2A-5(E)
Eagle Architectural And Site Design Book-EASD: The purpose of the EASD
book is to show, through the use of pictures and text, specific period architectural
styles, themes, and elements envisioned through the requirements of this article.
The EASD book, established through a resolution of the city council and as may
be amended through future resolution(s), contains all exhibits referenced in this
article and is incorporated herein by reference. However, exhibit A-I may only be
modified through an ordinance amendment. The architecture styles found in the
EASD book are permitted styles. Architectural styles not shown within the EASD
book will not be considered. A copy of the EASD book is available at Eagle City
Hall. (Ord. 462,11-11-2003)
· Section 8-2A-6 (A)(7)(a)
Additional Height Restrictions: All spires, poles, antennas, steeples, towers, and
any other such structures shall be limited to a maximum of thirty-five feet (35').
Additional height may be permitted if a conditional use permit is approved by the
City Council.
· Section 8-2A-7(J)(2)(a)
When a parking lot abuts a residential activity, a five foot (5') wide by six foot
(6') high landscaped buffer is required.
C. DISCUSSION (RELEVENT SECTIONS INCLUDED HEREIN FOR REFERENCE):
· The applicant is requesting a conditional use permit for a 23,500-square foot building
expansion for Eagle United Methodist Church. The expansion will occur south from the
existing structure and will become the main fayade of the church as it faces Eagle Road. The
applicant is also proposing to move the steeple from its current location to the proposed new
addition, which will exceed the City's maximum height limitation of thirty five feet (35').
· The existing church structure is approximately 13,000-square feet and the proposed expansion
will add on an additional 23,500-square feet. Staff is aware that the original structure was
built and designed prior to the City's current design review standards. However, because the
proposed expansion presents a significant change in the overall look and feel of the church as
it fronts an important corridor though the City, staff has concluded that this would be an
appropriate opportunity to bring the church into compliance with existing design standards.
Staff believes that the proposed expansion (as presented on the plan date stamped by the City
on November 27, 2006) fails to meet the City's current design review standards.
· There are currently three (3) access points north of the church property from West Ranch
Drive, and with the building expansion the applicant is requesting additional access at the
south-east portion of the property from Eagle Road. According to the 2025 Functional Street
Classification System Eagle Road is classified as a minor arterial in which direct land/property
access is discouraged. In a letter date stamped by the City on February 9, 2007, ACHD stated
that no new access points will be allowed on Eagle Road with the exception of an "emergency
only" access. Comments from the City Forester to this application state that, because of its
proximity to the tree, the proposed access from Eagle Road may compromise the health of the
46.8-inch in diameter English Oak tree that currently inhabits the south-east portion of the
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property. The City Forester also indicates that because of its size, age and health this tree is an
asset to the community. The tree has been valued by the forester at $60,400. Therefore, access
to Eagle Road from this area should be prohibited.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends denial of the requested 23,SOO-square foot building expansion and height
exception.
If the conditional use permit application is approved, then staff recommends the site specific
conditions of approval and 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 April 2,
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 of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted S to 0 to recommend denial of CU-12-06 for a conditional use permit for a
building expansion for Eagle United Methodist Church.
In a separate motion the Commission voted S to 0 to recommend approval of CU-12-06 for a
conditional use permit for a height exception for Eagle United Methodist Church.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 10, 2007, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
8. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative). A large contingent of parishioners were in attendance at the public hearing.
The group collectively acknowledged support for the application.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve CU-12-06 for a conditional use permit for a
building expansion and height exception for the Eagle United Methodist Church for John Grimstead
with the following site specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with applicable conditions of DR-I 0-07 for Eagle United Methodist Church Building
Expansion.
2. The height of the church steeple shall not exceed 49'-4".
3. The proposed access to the property off of North Eagle Road shall be used by emergency
vehicles only and shall be barricaded from public use by bollards or other barricading system
approved by the City Zoning Administrator. The applicant shall provide a detailed cut sheet
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showing how the barricading will be accomplished. The revised site plan shall be reviewed
and approved by staff prior to the issuance of a zoning certificate. The approved barricade
system shall be installed prior to the issuance of a certificate of occupancy for the building
expansion. The new access shall not be used during construction (prior to the barricades being
installed).
4. The existing driveway off of North Eagle Road to the residential property south of the site
shall be removed. Driveway access for the residential property shall then be provided by the
proposed "emergency only" access point on North Eagle Road. The new driveway access to
the residential property will meander in front (east) of the barricading system and connect to
North Eagle Road. The applicant shall provide a revised site plan showing the removal of the
existing driveway and how access to the residential property from North Eagle Road will be
achieved. The revised site plan shall be reviewed and approved by staff prior to the issuance
of a zoning certificate.
5. The applicant shall provide a signed cross-access agreement indicating that the residence to
the south ofthe Eagle United Methodist Church property will be allowed driveway access to
North Eagle Road using the proposed "emergency access". The cross-access agreement shall
be reviewed and approved by the City Attorney prior to the issuance of a zoning certificate.
6. The applicant shall consult with the City Forester and comply with the City Forester's
recommendations regarding construction methods and materials (including the use of Silva
Cells and Grasscrete) for the proposed asphalt drive access to the site off of North Eagle Road.
The applicant shall provide a detailed construction plan showing how the proposed asphalt
drive access off of North Eagle Road will be constructed using Silva Cell and Grasscrete
techniques. The construction plan shall be reviewed and approved by staff and the City
Engineer prior to the issuance of a zoning certificate.
7. The applicant shall comply with the City Forester's recommendations concerning the
preservation and health of the existing English Oak tree during construction of the access road
and the church building expansion. A tree protection plan and enforcement procedures
manual shall be developed by the applicant and approved by the City prior to the
commencement of any construction on the site.
8. Chainlink construction fencing shall be erected outside the drip line of the existing English
Oak tree. Grading within the drip line of the tree is prohibited.
9. A building permit for this proposal shall be obtained within one year, otherwise the
conditional use approval for a building expansion and height exception shall be considered
null and void.
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 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.
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.
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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.
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
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City Engineer. All construction shall comply with the City's specifications and standards.
Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any
lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the
adjoining property.
11. The parking area shall be paved and shall be maintained in good condition without holes and free
of all dust, trash, weeds and other debris.
12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle
Fire Department for approval. An approval letter from the Eagle Fire Department shall be
submitted to the City prior to issuance of any building permits or Certificate of Occupancy,
whichever occurs first. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. "The applicant has made arrangements to comply with all requirements of the Fire
Department. "
b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire
Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and ] ,SOO 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.
] 3. 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 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.
IS. 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.
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.
IS. 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
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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:
1. The application for this item was received by the City of Eagle on November 21, 2006.
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 January 2, 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 December 22, 2006. The site was posted in
accordance with the Eagle City Code on January 10, 2007. Requests for agencies' reviews were
transmitted on October 27,2006, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the City Council was published in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 21, 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 May 2, 2007. The site was posted in accordance with the Eagle City Code on June 8, 2007.
1. The Council has 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;
A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of Eagle City Code
Title 8 for the R-4 (Residential-four units per acre) zoning district since a church as defined
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within Section 8-1-2 requires a conditional use permit;
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 be required
to meet the City's design review requirements;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the site is
currently being used as by the United Methodist Church and since the facilities will be
buffered from any residential 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 in 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;
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 access points have been
reviewed and approved by ACHD and the Eagle Fire Department. The development will be
required to meet conditions of a design review application. The site will have adequate
ingress/egress from Ranch Drive and adequate parking; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance since conditions have been required herein to mitigate negative impacts to
the existing Oak Tree on site.
3. Pursuant to Eagle City Code 8-7-3-S (F), a conditional use permit shall not be considered as
establishing a binding precedent to grant other conditional use permits.
Page 12 of 13
K:\Planning Dept\Eagle Applications\CU\2006\CU-12-06 Methodist Church ccfdoc
DATED this 24th day of July 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 13 of 13
K:\Planning Dept\Eagle Applications\CU\2006\CU-12-06 Methodist Church ccfdoc