Findings - CC - 2007 - CU-07-07 - Construct A 5730 Sq Ft Emergency Service Service/0.631 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A ) ORIGINAL
CONDITIONAL USE PERMIT FOR AN )
EMERGENCY SERVICE FACILITY FOR )
THE EAGLE FIRE DEPARTMENT FOR THE )
EAGLE FIRE PROTECTION DISTRICT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-07-07
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 Fire Protection District, represented by Aaron Randell with JGT Architecture, is
requesting conditional use approval to construct a 5,730-square foot emergency service
facility. The 0.631-acre site is located on the southeast corner of North Linder Road and
West Clearfield Drive within Copperfield Subdivision at 1225 North Cactus Creek
Avenue(Lots 1 and 2, Block 2, Copperfield Subdivision).
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, April 5, 2007, incompliance with the
application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on April 10, 2007.
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 May 14, 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 8, 2007. The site was posted in accordance with the Eagle City Code on
May 25, 2007. Requests for agencies' reviews were transmitted on April 20, 2007 in
accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 25, 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 June 20, 2007.
The site was posted in accordance with the Eagle City Code on June 27, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On November 23, 2004, the Eagle City Council approved an annexation and rezone for
Copperfield Subdivision (A-4-04 & RZ-6-04).
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On April 26, 2005, the Eagle City Council approved a final plat application for
Copperfield Subdivision(FP-2-05).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three R-2-DA (Residential with Vacant lot within
development agreement) Copperfield Subdivision
Proposed No change No change Emergency service facility
North of site Residential Three R-2-DA (Residential with Vacant lot within
development agreement) Copperfield Subdivision
South of site Residential Three R-3-DA (Residential with Residential dwelling unit
development agreement)
East of site Residential Three R-2-DA (Residential with Vacant lot within
development agreement) Copperfield Subdivision
West of site Residential Two R-2-DA-P (Residential with Mosca Seca Subdivision
development agreement PUD) (formerly known as Legacy)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS: A landscape berm is located along the north and
northwest corner of this site. The applicant is proposing to protect and retain this landscaping.
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SITE DESIGN INFORMATION:
SITE DATA PROPOSED REQUIRED
Total Acreage of Site 0.515-acres (22,433-square feet) 0.39-acres(17,000-square
feet) (minimum)
Percentage of Site Devoted to 26%(approximately) 40% (maximum)
Building Coverage
Percentage of Site Devoted to 32%(approximately) 10% (minimum)
Landscaping
Number of Parking Spaces 11-parking spaces 12-parking spaces(minimum)
Front Setback 72-feet(east) 25-feet(minimum)
Rear Setback 0-feet(west)from property line 20-feet(minimum)
of this site
30-feet(west) from property line
of the subdivision
Side Setback 18-feet(south) 7.5-feet(minimum)
Side Setback 30-feet(north) 20-feet(minimum)
J. GENERAL SITE DESIGN FEATURES:
Number and Uses of Proposed Buildings: One building to be used as an emergency service facility
(Fire Department).
Height and Number of Stories of Proposed Buildings: Twenty eight feet(28'), one story.
Gross Floor Area of Proposed Buildings: 5,730-square feet.
On and Off-Site Circulation:
A 3,600-square foot(approximately)paved parking lot provides parking for vehicles using
this site. One thirty eight foot(38') wide driveway is proposed approximately 107-feet
north of the south property on North Cactus Creek Avenue providing access to the parking
lot associated with this site. One forty nine foot(49') wide driveway is proposed
approximately 29-feet north of the south property line on North Cactus Creek Avenue
providing access to the parking area for the fire apparatus. One forty nine foot(49')wide
driveway is proposed on Linder Road approximately twenty nine feet(29') north of the
south property line.
K. PUBLIC SERVICES AVAILABLE:
Preliminary approval letters from Eagle Fire Department and Eagle Sewer District have
been received by the City. A water service approval has not been received to date.
Approval of the water company having jurisdiction will be required prior to issuance of a
building permit.
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L. PUBLIC USES PROPOSED: Emergency service facility(fire department).
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
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
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is incorporated herein
by reference and attached to the staff report. Comments, which appear to be of special
concern, are noted below:
Central District Health
Chevron Pipeline
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q. LETTERS FROM THE PUBLIC:
Thirty one (31) letters in opposition to the emergency service facility being constructed in
this location were received by the City on May 30, 2007 (attached to the staff report and
incorporated herein by reference). The major concerns of the surrounding neighbors was
the noise of the sirens and/or engine's, traffic congestion on Linder Road, the safety of the
children walking to the school to the south, and the devaluation of the property values in
the area if the emergency service facility is constructed in this location.
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
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specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8);
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate
in appearance with the existing or intended character of the general vicinity and that such
use will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighborhood uses;
E. Will be served adequately by essential public facilities such as highways, streets, police
and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be
able to provide adequately any such services.
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property or the general welfare by reason
of excessive production of traffic, noise, smoke, fumes, glare or odors;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares; and
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:
• 4.4.2 Fire Protection Goals and Objectives
The District desires to have the standard of one career fireman and three volunteers for
every 1,000 population and to meet the needs of the community. The district will also
continue to provide an ongoing training program.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-3 states that an Emergency Service Facility requires the approval
of a conditional use permit within the Residential zoning district.
• Eagle City Code Section 8-7-3-5 (F)
A conditional use permit shall not be considered as establishing a binding precedent to
grant other conditional use permits.
C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
2.1 The Property will be developed in accordance with the approval granted by Ada County
for application# 04-05-S/04-06-ZC/04-05-DA (Copperfield Subdivision). The City of
Eagle shall honor all development approvals granted by Ada County for Copperfield
Subdivision and shall not seek to impose any additional subdivision requirements or
subject the development of the property, as approved by Ada County,to any standards or
regulations which are inconsistent with those under which said approvals were granted. It
is understood and agreed by the parties, however, that upon and after annexation,the
Property and the use thereof shall be subject to the general police power of the City of
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Eagle,to the extent the exercise thereof shall not conflict with the provisions of this
Development Agreement.
2.2 The following provisions from the Ada County Copperfield Subdivision approval shall
continue apply to the Property after it is annexed into the City of Eagle:
• The building setbacks shall be as follows: Front—25-feet, Rear—20-feet, Side—
7.5 -feet, Street Side—20-feet.
• Accessory buildings with guest quarters are permitted as stated within the Master
Declarations of Covenants, Conditions, Restrictions and Easements for
Copperfield Subdivision.
D. DISCUSSION:
• The developer of Copperfield Subdivision worked with the Eagle Fire Protection District to
establish a lot within this development for an emergency service facility. It is staff's
understanding that the developer disclosed the information that an emergency service facility
was to be located on Lot 2, Block 2, to all original buyers of lots within Copperfield
Subdivision. Lot 1, Block 2, is a common lot (located adjacent to Lot 2, Block 2) owned by
the Eagle Fire Protection District located adjacent to Linder Road. There is existing
landscaping located along Linder Road (with the exception of where the driveway to Linder
Road will be constructed) as well as along the frontage of Clear Field Drive. Per Note 6 on
the final plat of Copperfield Subdivision, direct lot access to Linder Road is prohibited,
emergency access could be granted to Lot 2, Block 2, but any other use or access is prohibited
unless specifically allowed by the Ada County Highway District and Eagle City. The
driveway on Linder Road has been approved by the Ada County Highway District. An
Emergency Warning Beacon will be required to be installed on Linder Road in front of the
emergency service facility prior to the facility becoming operational. The Emergency Warning
Beacon will stop north and south bound traffic on Linder Road and provide the emergency
vehicles safe access to Linder Road.
The applicant has indicated that the lights on the trucks are more effective than the sirens but
if they have to use the sirens they will only be used when there is excessive traffic. If sirens
are to be used they typically will not be turned on until they are at the intersection of Linder
Road and State Highway 44. Thus,sirens will not be used during the night or early morning.
• The applicant is proposing to construct a 5,730-square foot emergency service facility for the
Eagle Fire Protection District on Lot 2, Block 2 of Copperfield Subdivision. The building has
been oriented so that the emergency vehicles have direct access to Linder Road, thus the trucks
do not have to drive through the residential neighborhood. The only time the trucks will drive
through the subdivision is when they are returning from a call or if they have to respond to a
call within the subdivision. The employee parking is proposed to be located on the east side of
the facility. The typical shift for an employee at this facility will be twelve hours.
• The applicant is proposing to retain and protect the existing landscaping along Linder Road
and Clear Field Drive as well as adding extensive landscaping around the entire building and
along Cactus Creek Avenue. The applicant should be required to submit a design review
application addressing the architecture of the building, the landscaping, parking, lighting, etc.
The design review application should be reviewed and approved by the Design Review Board
prior to the City issuing a zoning certificate for this site.
• The building is proposed to be located thirty feet (30') east of the west subdivision property
line and zero feet (0') from the property line of this site. The applicant is the owner of both
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Lots 1 and 2, Block 2, of Copperfield Subdivision. Per Easement Note 3 on the final plat of
Copperfield Subdivision, a blanket utility easement is hereby designated as existing over Lot
1, Block 2. Since the applicant is not constructing the building on Lot 1, Block 2, there is no
concern of the building being built over any utility easements. The applicant is still
maintaining the required setback from the subdivision property line along Linder Road.
• Staff 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 since emergency services may be permitted in the R-2-DA
(Residential - two units per acre with a development agreement) zoning since an
emergency service facility as defined 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 emergency services is permitted with the approval of a conditional use
within the R-2-DA (Residential with development agreement) zoning district and
the Comprehensive Plan designates this site as residential;
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 emergency service facility is located within a residential development
and will meet the City's design review requirements and design requirements of
the Eagle Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the emergency service facility is to be located within a residential development
that is allowed with the approval of a conditional use permit;
E. Will be served adequately by essential public facilities that are currently available
to the site such as highways, streets, police and fire protection, drainage structures,
refuse disposal, 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,
or as conditioned herein;
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 site has been improved with essential public facilities such as
streets, sewer and water services;
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 it is the intent to only use the lights of the truck when responding to a fire,
however, occasionally the sirens may be required to be used.
H. Will have vehicular approaches to the property which are designed as not to create
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an interference with traffic on surrounding public thoroughfares as an emergency
access was approved on Linder Road with the final plat and approved by the
highway district having jurisdiction; 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 this 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.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 4,
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 one individual concerned about the compatibility of an emergency service facility located within a
residential neighborhood with regard to the noise and the close proximity to the grade school. This
individual believes this use will decrease the surrounding property values and standard of living of this
neighborhood and should be located within a commercial area.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
individuals (not including the applicant/representative) who believe this is a good location for the
emergency service facility as it will provide quick and easy support for the surrounding neighborhoods
and the architecture of the building will blend with the surrounding residential homes.
COMMISSION DECISION:
The Commission voted 4 to 0(Felix absent)to recommend approval of CU-07-07 for a conditional
use permit for an emergency service facility for the Eagle Fire Department for the Eagle Fire
Protection District, with the staff recommended site specific conditions of approval and standard
conditions of approval provided within their findings of fact and conclusions of law document,
dated June 18, 2007.
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.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by one individual (not
including the applicant/representative) who believes this is a good location for the emergency service
facility and other services and support that this facility will provide.
COUNCIL DECISION:
The Council voted 2 to 0 (Nordstrom absent, Guerber abstained) to approve CU-07-07 for a
conditional use permit for an emergency service facility for the Eagle Fire Department for the
Eagle Fire Protection District, with the following Planning and Zoning Commission recommended
site specific conditions of approval and standard conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Only the use Emergency Services for the Eagle Fire Protection District is approved with the
conditions noted herein.
2. The sirens will only be used during times of excessive traffic.
3. Submit a design review application addressing the architecture of the building, the landscaping,
parking, lighting, etc. The design review application shall be reviewed and approved by the
Design Review Board prior to the City issuing a zoning certificate for this site.
4. The building is permitted to be located zero feet(0') from the west property line of Lot 2, Block 2,
of Copperfield Subdivision.
5. 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
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 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.
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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:
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 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
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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
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. The application for this item was received by the City of Eagle on April 10, 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 May 14, 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 8, 2007. The site was posted in accordance with
the Eagle City Code on May 25, 2007. Requests for agencies' reviews were transmitted on April 20,
2007 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
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for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 25, 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 June 20, 2007. The site was posted in accordance with the Eagle City Code on June 27,
2007.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-07-07) 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 Eagle City
Code Title 8 since emergency services may be permitted in the R-2-DA (Residential -
two units per acres with a development agreement) zoning since an emergency service
facility as defined 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
emergency services is permitted with the approval of a conditional use within the R-2-
DA (Residential - two units per acres with a development agreement) zoning district
and the Comprehensive Plan designates this site as residential and the development
will be required to meet conditions of the 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 emergency service facility is located within a residential development and will
meet the City's design review requirements and design requirements of the Eagle
Architecture and Site Design Book;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since the
emergency service facility is allowed with the approval of a conditional use permit;
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 or as conditioned herein;
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 residential subdivision has already been reviewed and approved;
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 it
is the intent to only use the lights of the trucks when responding to a fire, however,
occasionally the sirens may be required to be used;
H. Will have vehicular approaches to the property which are designed as not to create an
interference with traffic on surrounding public thoroughfares as an emergency access
was approved on Linder Road with the final plat and approved by the highway district
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having jurisdiction;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 this 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.
DATED this 24th day of July 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Na?icy C. M,�rrill,
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A"'1TEST: if.„r .f
/• al G e
�` -i . i / '�� SAO 0
Sharon K t.ergmann,Eagle City104.)
V•* t••SMS �� C"C
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°a%TATE�4.••.
Page 13 of 13
K\Planning Dept Eagle Applications\CU\2007\CU-07-07 Linder Eire Station ccf doc