Findings - CC - 2008 - CU-03-08 - Cup To Provide Accomodations For An On Site Ambulance Service/14.49 Acre
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A CONDITIONAL USE PERMIT FOR )
AN AMBULANCE SERVICE DISPATCH )
STATION FOR ST. LUKES REGIONAL )
MEDICAL CENTER )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-03-08
The above-entitled conditional use permit application came before the Eagle City Council for their
recommendation on October 14, 2008, at which time testimony was taken and the public hearing was
closed. The Eagle City Council having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
St. Luke's Health System, represented by ZGA Architects and The Land Group, Inc., is
requesting conditional use permit approval to provide accommodations for an on site
ambulance service dispatch station located at the St. Luke's Regional Medical Center. The
14.49-acre site is located at the southwest corner of State Highway 44 and Horseshoe
Bend Road at 3101 E. State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 6:00-8:00 PM, April 1, 2008, at the Hilton
Garden Inn, Eagle River meeting room, in compliance with the application submittal
requirement of Eagle City Code. The application for this item was received by the City of
Eagle on April 2, 2008.
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 12, 2008. 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 9, 2008. The site was posted in accordance with the Eagle City Code on
May 21, 2008. Requests for agencies' reviews were transmitted on April 8, 2008, 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 with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on September 29,2008. 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 19,
2008. The site was posted in accordance with the Eagle City Code on September 23,2008.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On August 8, 2006, the Eagle City Council approved a conditional use permit for a height
exception of 46 feet, for St. Luke's Regional Medical Center (CU-03-06) located at the
subject site.
On August 8, 2006, the Eagle City Council approved a design review application for a
medical facility and common area landscaping for St. Luke's Regional Medical Center
(Phase I) (DR-55-06).
On August 8, 2006, the Eagle City Council approved a design review application for two
(2) monument signs, building signage, and parking lot signage for St. Luke's Regional
Medical Center (Phase I) (DR-56-06).
E. COMPANION APPLICATIONS: None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU (Mixed Use) St. Lukes Regional Medical
Center
Proposed No Change No Change Ambulance Dispatch
Facility
North of site Commercial C-3 (Highway Business Commercial subdivision
District) (Yes Subdivision)
South of site Mixed Use R-4 (Residential) Residential subdivision
(Lake land Estates)
East of site Not in Eagle Area of M-U (Mixed Use-Garden Walgreen's Pharmacy
Impact City Designation)
West of site Mixed Use MU (Mixed Use) Vacant parcel
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. EXISTING SITE CHARACTERISTICS:
St. Luke's Regional Medical Center containing urgent care, medical imaging facilities,
out-patient surgery suites and medical office space is located on site.
I. SITE DESIGN INFORMATION:
There is one (1) building on the site which contains urgent care, medical imaging
facilities, out-patient surgery suites and medical office space. The building also includes a
two (2) bay garage area located on the southern elevation at the southeast corner of the
structure. Between this site and Lakeland Estates Subdivision there is an approximately
four foot (4') high berm with a six foot (6') vinyl fence located on top of the berm. There
is a parking area located on the southern portion of the site and a landscaped buffer area
and an existing canal located adjacent to the berm at the southern boundary of the site.
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J. GENERAL SITE DESIGN FEATURES:
On and Off-Site Circulation:
A 200,000-square foot (approximately) paved parking lot provides parking for vehicles
using this site. One 23-foot wide right-in/right-out driveway located on the north side of
the site approximately 700-feet east of the west property line providing access to East
State Street. One 50-foot wide full access driveway is located on the east side of the site
approximately 250-feet south of the north property line providing access to Horseshoe
Bend Road.
K. PUBLIC SERVICES A V AILABLE:
The site is served by Eagle Water Company, Eagle Sewer District, and Eagle Fire District.
L. PUBLIC USES PROPOSED:
The applicant is proposing an ambulance service dispatch facility for Ada County
Emergency Services to be located at the southeast corner of the structure.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes-southeast corner of site in zone AE
Mature Trees - No
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek: Yes - New Dry Creek Ditch located on the southern boundary
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is included herein by
reference. Comments, which appear to be of special concern, are noted below:
Central District Health - Site requires central water and central sewage
Chevron Pipeline Co. - No conflict with the pipeline
Department of Environmental Quality - Requesting the applicant consider state and federal rules
and regulations pertaining to air, water, waste, and the overall environment during construction.
Idaho Transportation Department - No comment on the proposed application
Q. LETTERS FROM THE PUBLIC: None received to date.
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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
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 (adopted 02-13-07) designates this site as:
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business District
(CBD). Development within this land use designation should be required to proceed through
the PUD and/or Development Agreement process, see specific planning area text for a
complete description.
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Scenic Corridor
An Overlay designation that is intended to provide significant setbacks from major corridors
and natural features through the city. These areas may require berming, enhanced landscaping,
detached meandering pathways and appropriate signage controls.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code, Section 8-1-2 Rules and Definitions:
Ambulance Services:
Provision of non emergency medical care transportation, including incidental storage,
maintenance and parking of medical transport vehicles.
Emergency Services:
Provision of emergency medical care transportation, fire protection and police protection,
including incidental storage and maintenance and parking of emergency and emergency
related vehicles.
· Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions:
The following zoning districts are hereby established. For the interpretation of this title
the zoning districts have been formulated to realize the general purposes as set forth in
this title. In addition, the specific purpose of each zoning district shall be as follows:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as
limited office, limited commercial, and residential. This district is intended to
ensure compatibility of new development with existing and future development.
It is also intended to ensure assemblage of properties in a unified plan with
coordinated and harmonious development which shall promote outstanding design
without unsightly and unsafe strip commercial development. Uses should complement
the uses allowed within the CBD zoning district. All development requiring a
conditional use permit in the MU zoning district, as shown in section 8-2-3 of this
chapter, shall occur under the PUD and/or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not
meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum
area requirements), shall be encouraged. Otherwise a conditional use permit shall be
required unless the proposed use is shown as a permitted use in the MU zoning district
within section 8-2-3 of this chapter. Residential densities shall not exceed ten (10)
dwelling units per gross acre. When a property is being proposed for rezone to the MU
zoning district a development agreement may be utilized in lieu of the PUD and/or
conditional use process if approved by the city council provided the development
agreement includes conditions of development that are required during the PUD and
conditional use process.
· Eagle City Code, Section 8-2-3 Schedule of District Use Regulations:
Ambulance Services are allowed by Conditional Use within the MU (Mixed Use)
zoning designation.
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C. DISCUSSION:
. The applicant is requesting conditional use permit approval to locate an ambulance services
dispatch center within the St. Luke's Regional Medical Center complex. The property is
located within the MU (Mixed Use) zoning district. Pursuant to Eagle City Code, ambulance
service dispatch centers may be allowed within the MU (Mixed Use) zone if a conditional use
permit is approved.
During the public hearing process for the height exception for the medical facility (CU-03-06),
neighboring property owners testified that while they were in support of the height exception
they were opposed to an ambulance service dispatch center being located on the site because
lights and sirens would be disturbing to the neighborhood. In most situations, ambulance
operation protocol is to use lights and sirens only during transport for emergency cases - not
upon the immediate approach to the emergency care unit. Although the Eagle St. Luke's
Regional Medical Center contains an urgent care facility, it has been noted by St. Luke's
representatives that St. Luke's RMC - Eagle is not properly equipped to address emergency
care needs. As noted on the St. Luke's website, "urgent care" is identified as the medical
treatment of illnesses or injuries that require immediate attention but are not life threatening
(printed webpage included herein). The applicant's narrative indicates that emergency care
patients will not be transported to this site. Based on this information staff believes the
proposed ambulance facility may be interpreted as "Ambulance Services" which requires
conditional use permit approval.
. Pursuant to Eagle City Code, Ambulance Services and Emergency Services allow for the
incidental storage, maintenance and parking of medical transport vehicles. All storage,
maintenance, and parking of ambulance units should occur within the confines of the garage
units.
. Lot 1, Block 1, Lakeland Estates Subdivision, contains a landscaped berm with a six foot (6')
high vinyl fence located at the peak along the northern boundary of the subdivision and New
Dry Creek Ditch. This landscaped berm is located between the residential homes within the
subdivision and the proposed ambulance garage units located at the southeast corner of the
medical facility. As part of the St. Luke's design review approval, St. Lukes was required to
construct additional buffering between the medical center parking area and New Dry Creek
Ditch.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends approval with the site
specific conditions of approval and the standard conditions of approval provided within the staff
report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 2,
2008, and continued to July 21, 2008. During the July 21, 2008, meeting the Commission requested
the hearing be re-opened on September 2, 2008. The application was re-noticed and came before the
Eagle Planning and Zoning Commission for their consideration on September 2, 2008. 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 four (4) individuals who have the following concerns:
. The lack of communication by St. Lukes Regional Medical Center regarding the timing of
construction and location ofthe ambulance facility.
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. Reduced property values due to the location of the ambulance facility.
. The Lakeland Subdivision Homeowners Association indicated that there was an implied
understanding that if they supported the height exception for the hospital the ambulance
facility would not be constructed.
. The proposed landscaping will not provide a sufficient buffer from the ambulance lights
and sirens.
. Concerned with Ada County Emergency Medical Services moving the units from the
Glenwood station.
. Each ambulance will have at least eight (8) runs/day from this location.
. By locating the ambulance facility at this location home owners rights are being violated
due to the visual impacts and lights and sirens.
. The proposed ambulance facility could be located in another area on the site that would
have less impact on the adjacent residential area.
. Sound from sirens do not respect distance parameters and St. Lukes has not proposed
sufficient mitigation to address the sirens.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by
three (3) individuals who indicated the proposed ambulance dispatch station will address the city's
need to provide pubic health and safety, this use would not be disturbing since there are fire stations
within the city adjacent to neighborhoods, will provide a much needed service at a location which
provides access to main arterials and better coverage, and will be a great benefit to the taxpayers since
St. Lukes will not be charging the county for locating the Ada County Emergency Medical Services
station at this location.
D. Oral testimony neither opposed or in favor of this proposal was presented to the Planning and Zoning
Commission by one (1) individual who indicated agreements with St. Lukes need to be in writing and
the gated entrance to the subdivision opens when sirens are activated.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of CU-03-08 for a conditional use permit
for an ambulance service dispatch station for St. Luke's Regional Medical Center, with the site
specific conditions of approval and standard conditions of approval as provided within their
findings of fact and conclusions oflaw document, dated September 15, 2008.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 14, 2008, 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 two (2)
individuals who objected to the conditional use permit because they feel their property values
will be diminished due to the lights and sirens from the ambulance units. The location of the
ambulance bays were placed in the worst possible location on the site since they face the
adjacent neighborhood. Since a sound wall is not proposed to be constructed on the site the
noise from the sirens will not be adequately mitigated. They also indicated that St. Luke's
Regional Medical Center had a verbal agreement with the Lakeland Estates Subdivision
Homeowner's Association (HOA) that if the HOA supported the medical centers height
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exception that St. Lukes would not allow an ambulance facility to be placed on site unless
requested by the City of Eagle.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not
including the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-03-08 for a conditional use permit for an ambulance
service dispatch station for St. Luke's Regional Medical Center, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of
approval with strike through text to be deleted by the Council and underline text to be added by
the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. No more than one (1) emergency transport ambulance and one (1) non-emergency transport
ambulance shall be located on site at any time.
2. Sirens on the ambulance units shall not be used until enteriAg State Street while on the property
where the medical center facility is located or on S. Horseshoe Bend Road unless otherwise
required by I.C. Section 49-623.
3. Emergency lights shall not be used uAtil enteriAg 8. Horseshoe BeAd Road while on the property
where the medical center facility is located unless otherwise required by I.C. Section 49-623.
4. Garage doors to ambulance bays will remain closed except upon exit and entrance.
5. Back-up alarms shall be silenced when backing into garage.
6. Emergency medical services (EMS) staff shall not work on personal vehicles or projects on site.
7. Within one (1) month of this approval the applicant and the Lakeland Subdivision Homeowners
Association (HOA) shall request a third party review of the submitted landscape plan date stamped
by the City on August 25, 2008, to ascertain whether the proposed landscaping shown on the
landscape plan will provide sufficient buffering of the ambulance station. The proposed
landscaping shall be installed by the applicant and maintained by the Lakeland Subdivision
Homeowners Association. No landscaping or other encroachments shall be placed in the Dry
Creek Canal easement without written permission of the Dry Creek Canal Company.
8. The landscaping located with the Intermountain Gas Company right of way shall be maintained by
St. Lukes Regional Medical Center.
9. Testing of the ambulance lights and sirens shall be prohibited on site.
10. All storage, maintenance, and parking of the ambulance units shall occur within the confines of the
garage units.
11. Violation of Conditions of Approval will cause this Conditional Use Permit to be null and void.
12. The applicant shall come before the City Council six (6) months from the time of approval to
address neighborhood concerns regarding the ambulance service dispatch station that may have
been received by the City and/or St. Luke's Regional Medical Center during the six (6) month
time period. The Council may at the time choose to place additional requirements on the
Conditional Use Permit to mitigate those concerns. if any. that may be presented to the Council.
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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 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.
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
(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
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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
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 (Le.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits or certificate of Occupancy, whichever occurs first.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit or Certificate of Occupancy, whichever
occurs first.
13. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City 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.
15. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to issuance of a building permit or Certificate
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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.
18. Basements in the flood plain are prohibited.
19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable
County, State and Federal Codes and Regulations shall be complied with. All design and
construction shall be in accordance with all applicable City of Eagle Codes unless specifically
approved by the Commission and/or Council.
20. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff
may elect to take those plans to the Design Review Board and/or the Planning and Zoning
Commission for review and approval.
21. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change.
22. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the City of Eagle of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at
the time the change in use is sought.
23. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
24. Approval of any Design Review shall expire without notice to the applicant on the date of
expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and
Zoning Commission approval date).
25. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 2, 2008.
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 12, 2008. 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 9,2008. The site was posted in accordance with
the Eagle City Code on May 21, 2008. Requests for agencies' reviews were transmitted on April 8,
2008, in accordance with the requirements of the Eagle City Code.
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Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 29,
2008. 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 19, 2008. The site was posted in accordance with the Eagle City Code
on September 23,2008.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
application (CU-03-08) 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 zoning district involved since an Ambulance
Service requires a conditional use permit within the MU (Mixed Use) zoning
district;
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 existing building and landscaping have been approved by the City;
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 existing building was approved by the Design Review Board and City
Council and all activities related to the use "ambulance service" will be contained
within the confines of the building with the exception of responding to medical
calls;
D. Will not be hazardous or disturbing to existing or future neighborhood uses since
the ambulance services facility is allowed with the approval of a conditional use
permit which will require conditions of approval that will mitigate any
disturbances to the existing neighborhood by not allowing activation of the
ambulance lights and sirens until the ambulance unit reaches a public road and
additional landscaping will be required to mitigate the impacts to the adjacent
neighborhood;
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 facility is already constructed, allowing the ambulance
service to be based at this location will reduce the transportation costs for
responding to medical calls, and Ada County Emergency Medical Services will
occupy this facility at no expense to the public;
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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 required that the lights and siren of the ambulance is restricted to use on
a public road and/or as required pursuant to Idaho Code and since the closest
residence is approximately three hundred feet (300') feet south of the structure
where the ambulance units will be located;
H. Will have vehicular approaches to the property which are designed as not to create
an interference with traffic on surrounding public thoroughfares since access to
the facility is already established; 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.
DA TED this 28th day of October 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
A Idaho
ATTEST:
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Page 13 of 13
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